Australia's Visa System 2 Economic Assessment Task 2

This report discusses the rules related to permanent employee visa in Australia and provides comprehensive advice on visa options to sponsor employees and requirements for both employer and employee. It includes a letter of advice for Jackie and Candy outlining visa options to sponsor Georgia and Emmanuel. The report also covers the different provisions related to the visa of the applicant and concludes with advice for Jackie and Candy regarding the query.

Graduate Diploma in
Migration Law
LML6004
AUSTRALIAS VISA
SYSTEM 2
ECONOMIC
Assessment Task 2

Table of Contents
INTRODUCTION ..........................................................................................................................3
Main Body.......................................................................................................................................3
TASK .........................................................................................................................................3
QUESTION 1...................................................................................................................................3
QUESTION 2...................................................................................................................................5
REFERENCES................................................................................................................................8

INTRODUCTION
The federal government association of Australia every year they distribute places for the
people to allocate to Australia on different purposes, the very first portfolio was the immigration
process was created by the government of Australia in the year of 1945 , to cover the damage
and other economic harm the Australian government wanted to get a boost in their population
that was the first keen reason to start the immigration process from various countries specifically
United Kingdom1. After getting the hold of the migration policy many implementations were
introduced by the government for the betterment the migrants shifting here to Australia, the
reform ordeal the view of implementations , the purpose behind it was the gaining of
employment and the defined economic independence with the lessening the affect of the
migrants being refugees ,Moreover the grown impetus for concerning with the introduced
nominated skills , the tightening the fluency of English language, the uncompromising rules with
the looked after for the capabilities of the overseas qualifications in order to keep well designed
aftermath of the qualification the immigrates. This report will discuss about the rules related to
permanent employee visa in Australia.
Main Body
TASK
QUESTION 1
Prepare a comprehensive letter of advice for Jackie and Candy outlining any visa options to
sponsor Georgia and Emmanuel and the requirements for both the employer and employee,
including what evidence and further information you would require to support the application.
You must support your answers with reference to the specific legislative or regulatory
provisions.
Answer. Letter of Advice
To,
Jackie and Candy,
The Employer Nomination Scheme (ENS) enables the employers of Australia to sponsor
the highly educated and skilled employees to work and live on a permanent basis in Australia.
1 "European Journal Of Migration And Law" (2018) 1(1)

This provision related to the permanent residency comes under the Employer Nomination
Scheme 186. this employment visa provides the permanent visa to the employees as well as their
families in the eyes of the law. The skills assessment at the time of visa application must include
all these essentials. The applicant of the visa must provide the evidence that shows that he has
that specific skills for which he is employed in the company. If the skill test at the time of visa
making does not comply, then the application for the visa would be cancelled. Moreover, the
positive skills of the assessment other than six digit ANZSCO occupation code related to the
nomination could not comply with the legislative requirements that is be accepted by the
authority. For instance, the assessment on the positive skills of Turner and Fitter (ANZSCO
323212) would not satisfy the criteria that is specified for the skills assement of Metal Machinist
(First Class) (ANZSCO 323214) how ever it lies in the same group under the visa law of the
country that is 32322.
Moreover, the skill assessment have to clearly outline that the applicant has the
prescribed skill for which he has applied for in the visa. Furthermore, the assessment of the skills
could be submitted after the application for the visa is made to the authorised authority.
Moreover, if the skill assessment is not complied with at the time of the application for the visa,
then the officers must give an opportunity to the applicant to comply with the same document
within the prescribed time as given under the law of the country. Moreover, if the applicant has
the four digit skill occupation and the applicant wants the six digit skill occupation, then he can
give the application request for the same to the authority. Moreover, the applicant can apply for
the permanent residence for both the regional and the non regional areas of the Australia. Further
more, there are two ways for applying visa under this section. It includes the Temporary
Residence Transition Stream and Direct Entry Scheme. The requirements for the temporary
residence transition stream visa applicant includes the job nominated with the sub class 482 or
457 visa.
The Direct Entry Stream requires a visa application from the applicant who is applying
for the visa. This requires to nominate an occupation based on the MLTSSL only under the visa
scheme of the country. Moreover, under this it is not required that the applicant have to start the
2 Hailbronner, "The Treaty Of Amsterdam And Migration Law" (2021) 1(1) European
Journal of Migration and Law

employment under which he is complying with the visa for employment. Hence, the employee
can also choose different employer in this case. Moreover, the applicant can apply for 186 ENS
Direct Entry. The main requirement here in this case is that the applicant must comply with at
least three years of post degree experience in the field for which he is applying for. Moreover,
the applicant must also comply with the assessment test. Moreover, it would also include that
the applicant must also pass the English proficiency test of minimum six in every 4 brands of
IELTS. Moreover, if the applicant has the origin from UK, Ireland, USA , New Zeeland or
Canada, then no requirement of such English proficiency test to be complied by the applicant3.
The employers of the organisation also afford to pay the salary to the sponsored person
for 186 grant of visa. There must be the availability of minimum two years. More over, there
must be the genuineness in the position of the employee in an organisation. In addition to this,
the job is to be advertised on the Job active before the job is being offered to the applicant of the
visa. The occupation of the nomination must be on MLTSSL. Moreover, the salary of the
employee must be adequate as per the laws of the country. The minimum income must be of
$53900. moreover, if the turnover of the business is below $10 million, then $3000 must be paid
in order to meet the S killing Australian Fund (SAF). In addition to this, if the turn over is more
than $10 million , the amount of at least $5000 must be paid by the employer as per the law.
Moreover, the employees who are older than the 45 years of age can also apply for the
permanent visas.
Moreover, Jacky can also include the clause in the employment contract as to charge the
5% from the employees who are given permanent visas for occupation in Australia by the
company as per the law of the country4.
QUESTION 2
What would you advise Jackie and Candy about their query and why?
3 Hailbronner, "The Treaty Of Amsterdam And Migration Law" (2021) 1(1) European
Journal of Migration and Law
4 "Visa Brings Contactless Payments To Europe As It Unveils Visa Paywave" (2022)
19(5)

Your answers must be supported by references to relevant legislative and/or regulatory
provisions.
The query of the Jackie and Candy is very relevant. This is because it is very necessary
for an employer to know about the pros and cons of every aspect related to the business. This
would also include that the Jacky and Candy have to comply with the provisions related to such
visa as per the law of the country. Moreover, the company can also decide to hire potential
employees from other countries. This is because it would help them to increase their production.
Hence, it also helps in increasing the profit of the company. The crucial categories exists in the
considerable constituent elements for the migration programme are as follows : Well established
skilled migration ,the individuals who does not have sponsorship for the visa and they are
recommended on the basis of their age, skills, Nomination put out by the employees , under the
descriptive nature of the relationship between the employer and the employee alongside they are
willing to sponsor them, Business capability sponsorship provided to the Business skilled
individuals , to inspire them and boost up to immigrate to the country for the economic
development and more precise corporation opportunities and lastly, the distinguished category
for differently determine individuals with out of the box talents and uplifted skills of their own
such as sports, art , literature etc. for enhancing the cultural and artistic area of Australia5.
Moreover, while sponsoring employees from the different countries it would be more
beneficial to the company. This is because the company now can compete more effectively in the
market. This is so because the company would now have more skilled workers from the different
countries that would help them to grow their business in the present competitive market at both
international and the national level. Further more, while taking advice from the adequate
qualified person in the migration law, it would help them in assessing their decisions related to
the hiring of the employees from abroad. Moreover, the company can also take the decisions
related to tax relaxations as per the taxation laws of the country. It would also help the company
in assessing the correct decisions for the hiring process of the company. Moreover, the
employees are the back bone of any company and having the adequate employees would help
the company to work and achieve in more effective and efficient manner6.
5 "VISA WARNINGS" (2021) 82(20)
6 Visa To Go" (2020) 48(6)

Conclusion
The above report concludes about the migration laws in Australia. This report would also
include the concept of the migration law as applicable in the country. This would also
summarises about the visa laws that are applicable in the country. It also covers the details about
the requirements that are necessary for the long term employment visa in the country. It also
summarises about the requirements that the employer must comply with in order to provide the
visa to its sponsoring employees of the company. It also concludes about the different provisions
related to the visa of the applicant. It also concludes about the advice that is to be given to the
Jacky and Candy regarding this in the country.

REFERENCES
Books and Journals
"European Journal Of Migration And Law" (2018) 1(1)
Hailbronner, "The Treaty Of Amsterdam And Migration Law" (2021) 1(1) European Journal of
Migration and Law
Hailbronner, "The Treaty Of Amsterdam And Migration Law" (2021) 1(1) European Journal of
Migration and Law
"Visa Brings Contactless Payments To Europe As It Unveils Visa Paywave" (2022) 19(5)
"VISA WARNINGS" (2021) 82(20)
"Visa To Go" (2020) 48(6)