Australian Migration Law: Requirements for Temporary Skilled Visa, Aged Parent Visa, and Code of Conduct for Migration Agents

This article discusses the legal requirements for filing an application for the 482 temporary skills shortage visa, validity requirements for an Aged Parent (subclass 804) visa, and the obligations and requirements for registered migration agents under the code of conduct. It also provides insights into the breach of code of conduct by a registered migration agent and the eligibility criteria for obtaining a protection visa.

LML6002/Australian Migration Law

TABLE OF CONTENTS
Question 1........................................................................................................................................3
Part A...........................................................................................................................................3
Part B...........................................................................................................................................4
Part C...........................................................................................................................................4
Question 2........................................................................................................................................5
Part A...........................................................................................................................................5
Part B...........................................................................................................................................6
Part C...........................................................................................................................................6
Question 3........................................................................................................................................7
Part A...........................................................................................................................................7
Part B...........................................................................................................................................8
Part C...........................................................................................................................................9
References......................................................................................................................................10

QUESTION 1
Part A
The legal requirement to file the application for the 482 temporary skills shortage visa
The government of Australia entered into an agreement named as a standard business
sponsorship with some business organizations, which enables to the organization to hire the
overseas skilled employees for their organization. The person must possess the skill for
occupying the position nominated by the approved business for an approved organization1.
Further, the person can file the application for the nominated occupation under the three streams
names as the short term stream, the long-term stream and the labour agreement stream. Under the
short-term stream, the person is eligible only for the short term skilled occupation which is listed.
The duration of the short-term stream up to the two years and in case international trade
obligation is applicable then this term would be up to four years.
The medium-term stream is available only for the occupation listed on medium and large term
strategic skills or the regional occupational list. The duration of the medium term stream is up to
the four years2.
Under the labour agreement application can be filed only according to the wish of the employer
and the agreement of labour exists between the employer and the department.
Along with this, the person who applied for the temporary skilled visa must fulfil the conditions
of skills and education requirement, English language requirement, health requirement and all
the conditions that applied on the last visa requirement.
Under the present study a person names as a yuppie, sponsored by the employer of the restaurant
for working as a chef. For this Yuppie applied for the application under 482 temporary skilled
1 Howe, Joanna, Andrew Stewart, and Rosemary Owens. "Temporary migrant labour and unpaid work in
Australia." (2018). Sydney L. Rev. 40 183.
2 Temporary Skill Shortage Visa (Subclass 482) (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/visa-1/482->

visa, for a duration of the two years. Since on the last visa of the Yuppie, there is no condition of
8503. Therefore he is eligible for the application.
Part B
Meaning of Visa condition 8607
Condition 8607 has some conditions, which is mandatory for the 482 temporary skill shortage
Visa. The conditions 8607 described below-
 The person is eligible for the working only for the nominated occupation for which he
receives the temporary skills shortage visa.
 Within the 90days of receiving the visa or date of arrival, the person must start the
working.
 The person cannot take the leave for more than 60 sequential days.
 It is essential for the person to possess a licence, membership or registration3.
In the present study, Yuppie was granted the 482 temporary skill shortage visa, and condition
8607 existed in the Visa. Further, it was given that the yuppie was not satisfied with the job;
therefore he decided to work on another job without informing the department of protection4.
Since due to the conditions of 8607, yuppie cannot work for another job, therefore, the visa of
yuppie subsequently cancelled.
Part C
Probable application for the visas after the cancellation of 482 temporary skill shortage visa
Department of boarder protection has the right to cancel the visa in any case of the non-
compliance of the rules, regulations and norms of the Visa. If a person has a temporary skill
shortage visa, and he wishes to work for another employer, then it is essential that the person
must be nominated by the new employer. Further, if the person working for the new employer
without getting nominated by the new employer then it leads to breach the visa condition 8607, it
3 Temporary Skill Shortage (TSS) Visa: Condition 8607 - Australia Visa (2018) Australia Visa
<https://www.australiavisa.com/immigration-news/tss-482-visa-condition-8607/>
4 MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2Code Of Conduct (2018) Classic.austlii.edu.au
<http://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>

may be possible that the visa will be canceled. However, the yuppie can make the application
under the independent Visa 182. This visa is for those persons, who are not sponsored by the
employer or member of the family5. This visa enables the yuppie to live and the work in
Australia. In this case, Yuppie wants to join another restaurant, therefore by obtaining the visa
182; he is eligible for working in the restaurant. Further, before filing the application for this
visa, some conditions must be satisfied by the Yuppie. The conditions such as age are less than
45, meet the requirement of health and moral conduct, qualify the skill test, proper English,
obtain at least 60 in point test. Along with this, the skills of the person must be matched with
nominated occupation and relevant Medium and long-term strategic skill list. Further, the skills
and qualification are evaluated by the relevant assessing authority. Since all the conditions are
fulfilled by the yuppie, therefore yuppie is eligible to make the application of this visa.
QUESTION 2
Part A
Validity requirement for an Aged Parent (subclass 804) visa
The aged parent visa (subclass 804), gives the right to the person to live in Australia for an
unlimited time period along with this, a person can also work in Australia. However, for
obtaining the aged parent visa (subclass 804), the applicant has to fulfil some conditions, which
are described as follows-
 The person, who is filing the application for this Visa, must be the parent of the citizen of
Australia, permanent resident, or eligible citizen of New Zealand, who resides in
Australia for more than two years.
 In case of a male, the age of the applicant must be at least 65 years, and in case of
women, the age requirement differs according to their date of birth.
 Before the filing application by the applicant for the aged parent visa, at least half of the
children or more than half of children living in Australia for at least two years than in any
other country existing officially in Australia.
5 Australian Skilled Independent Visa - Australian Visa Bureau (2018) Visabureau.com
<http://www.visabureau.com/australia/highly-skilled-visa.aspx>

 The child who is sponsored for his parents to obtaining the aged parent visa must be the
citizen of Australia or eligible citizen of the New Zealand or the permanent resident.
 Applicant must fulfil the health requirement as per the norms, and also activities of the
applicant must be ethical.
 Apart from the above, the applicant must not have any due debt to the Australian
government and also did not enter into an arrangement for the payment of debt to the
government of Australia.
These all the specified conditions, which must be fulfilled by the person for obtaining the
aged parent, visa (subclass 804) which enables the parents of the citizen of Australia to
live with them.
Part B
Application of two-parent visa at the same time
According to the rules prescribed under the migration act, there is not any rule which prevents
the application of the two or more visas at the same time by the applicant. However the applicant
must comply with all the conditions and the requirement which is defined in the visa. Generally,
the payment of the separate fee for each the application is required by the person who is applying
for the visa. Further it is possible that the person may hold the more than one visa at a time, but
the person is influenced by only one of those visas. The person is not eligible to possess more
than one substantive visa at the same time. If the person obtains the new substantive visa, then
the earlier substantive visa will be cancelled. Moreover in spite of the substantive visa, if the
person possesses more than one bridging visa, then the most beneficial bridging visa among all
bridging visa will be applicable to the person. Apart from this, if the person possesses along with
the substantive visa, a bridging visa also, then only substantive visa will be applicable on the
person.
Part C
Breach of the code of conduct by a registered migration agent
Migration agent should be carefully examining all the application, for this, the government make
the various rules and regulations, which are defined under Migration Agents Regulations 1998.
The main objective of the act is to give the direction to the registered migration agent.

With respect to this, the registered migration agent must comply with all the rules which are
described under the act and make the arrangement with the client with the fair and skilled
manner. Further, the registered migration agent must possess the sound knowledge regarding the
migration act, system and method related to the procedure of the migration and also ensure to the
client to provide timely and reliable services6. Further, the registered migration agent must
maintain give careful attention as the client totally depends on the knowledge and the skills
possessed by the agent. Moreover, the agent must take a reasonable step for maintaining the
latest knowledge about the Migration Act 1958, migration regulation 1994 and other rules and
regulation which are necessary for processing under the migration7. The agent must satisfy
continuing professional development which is described under the regulation.
In the present case, it has been given that the registered migration agent filed the invalid
application. The reason behind the same may be the registered migration agent does not possess
the latest knowledge about the migration act, migration regulation act or any other rules which
are necessary for filing the application procedure. Along with this, the agent did not pay the due
care towards the client therefore he filed the wrong application. From all the above analysis, it
has been seen that registered migration agent breach the code of conduct with respect to not
maintaining the sound professional knowledge and skills.
QUESTION 3
Part A
The obligation under the code of conduct and requirement of the documentation
The government of Australia made the various rules and regulation for the registered migration
agent of the country. It is essential for the registered migration agent to comply with the all the
obligation under the act. With respect to this, the migration act defined some code of conduct,
which is mandatory applicable for the registered migration agent. The registered migration agent
6 Papadopoulos, Peter, and Kathryn Viegas. "Migration: Shifting goalposts in Australia's skilled migration
program." (2017) LSJ: Law Society of NSW Journal 36 75.
7 Gerkens, Murray, Dominic Yau, Sherene Ozyurek, and Rodger Fernandez. Australian Migration Legislation
Collection. (LexisNexis Butterworth, 2016).

must submit an application along with the all the documents8. The agent must notify the
authority in written form in case of any changes in name, address and etc. within the 14 days of
such change. Further, the registered migration agent must prepare and maintain the documents
regarding the application of the client, copies of the meeting and the communication with the
agent and client, agent and government authority, and the agent and the department related with
the client. Moreover, it also requires maintaining notes of the oral communication between the
agent and client, agent and government authority and agent and department related with the
client9. The records must be maintained by the registered migration agent at least for the seven
years. This document makes available for the inspection by the authority. Along with the
maintenance of the document, it is also essential that the registered migration agent must
maintain the confidentiality of all the documents.
From the above analysis, it has been seen that the registered migration agent must implement the
proper control while advising the client regarding the immigration. The agent must review the
working of the staff. Along with this, the assistance given by the registered migration agent must
be according to the standard of the code of conduct which is prescribed under the migration act
of Australia.
Part B
In the present study, Sylviia came to Australia on an electronic travel authority only for 6 weeks.
However, Sylviia wants to stay more in Australia. Therefore she wants to make an application
for the protection visa, but according to the eligibility requirement for the application of the
protection visa, she cannot make the application for obtaining the protection visa. The protection
visa is applicable only on the refugees who are defined under the migration act and the person
who fulfils the condition of complementary protection criteria according to migration Act 195810.
Therefore Sylviia is not eligible for obtaining the protection visa as she did not fulfil the criteria
according to the act.
8 MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2Code Of Conduct (2018) Classic.austlii.edu.au
<http://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>
9 Donnelly, Jason. "Tale of Two Characters–The Paradoxical Application of the Character Test between Visa
Holders and Applicants for Australian Citizenship." (2018) Australian Journal of Administrative Law 25, no. 2 104-
121.
10 Visitor Visa (Subclass 600) (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa-1/600->

However, Sylviia can file the application for the visitor visa (subclass 600). This visa enables the
applicant to visit Australia for the business or visit purpose. The duration of this visa is up to
three, six or the twelve months. Further, this visa can be obtained by the person who came to
Australia for visiting purpose, business visit purpose, meeting the family or the person of China
on a visit with a registered travel agent.
All eligible passport holders and the travel document holder can make the application for visitor
visa online. The person can also take the help of registered travel agent, a service provider for
filing the application on their behalf.
In this study Sylviia belongs to Portugal, which is considered as an eligible passport holder and
travel document holder. Therefore Sylviia can file the application online.
Part C
Since the Sylviia is in Australia; therefore Sylviia can file the application online for the extension
of the visa for tourism purpose. However, for filing the application, Sylviia must hold the
substantive visa. On the existing visa condition 8503 not be imposed since if the condition 8503
attached on the visa then the person is not eligible to obtain any other visa. Along with this, all
essential requirement which is prescribed under the migration act must be fulfilled by the
applicant.
In the present study, Sylviia is in Australia already, and she wants to further stay in Australia.
Along with this, on the existing visa of the Sylviia condition 8503 was not imposed therefore she
can apply the application for obtaining the tourist visa by online with the department of the
migration authority. Further, there is no requirement of the location of the Adam at the time of
filing the application.

REFERENCES
Aged Parents Visa( Subclass 804/103) (2018) Visas Avenue
<https://www.visasavenue.com/australia-immigration/aged-parents-visa-subclass-804-
103/>
Australian Skilled Independent Visa - Australian Visa Bureau (2018) Visabureau.com
<http://www.visabureau.com/australia/highly-skilled-visa.aspx>
Donnelly, Jason. "Tale of Two Characters–The Paradoxical Application of the Character Test
between Visa Holders and Applicants for Australian Citizenship." (2018) Australian
Journal of Administrative Law 25, no. 2 104-121.
Gerkens, Murray, Dominic Yau, Sherene Ozyurek, and Rodger Fernandez. Australian Migration
Legislation Collection. (LexisNexis Butterworth, 2016).
Howe, Joanna, Andrew Stewart, and Rosemary Owens. "Temporary migrant labour and unpaid
work in Australia." (2018). Sydney L. Rev. 40 183.
MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2Code Of Conduct (2018)
Classic.austlii.edu.au <http://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/
sch2.html>
Papadopoulos, Peter, and Kathryn Viegas. "Migration: Shifting goalposts in Australia's skilled
migration program." (2017) LSJ: Law Society of NSW Journal 36 75.
Temporary Skill Shortage (TSS) Visa: Condition 8607 - Australia Visa (2018) Australia Visa
<https://www.australiavisa.com/immigration-news/tss-482-visa-condition-8607/>
Temporary Skill Shortage Visa (Subclass 482) (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/visa-1/482->
Visitor Visa (Subclass 600) (2018) Homeaffairs.gov.au
https://www.homeaffairs.gov.au/trav/visa-1/600-