Australia’s Visa system Introduction

Australia’s Visa system Introduction
The Australian Visa System deals with the necessities that a person from a foreign
country wishing to enter Australia, must possess to obtain Visa which is a permit to
enter, travel or remain in the country. The visa rules are set out in the Migration
Regulations, the Migration Act 1958 and they are enforced by the Department of Home
Affairs.
Question 1
(Employer Nomination Scheme)Subclass 186 requirements
The employer nomination scheme (ENS) or the subclass 186 visa is given to applicants
already working and living in Australia. They are considered as permanent residency
visas for skilled workers. ENS visas are accessible by both applicants who are already
residing and at work in Australia as temporary residents, and to those residing out of
Australia. To be eligible for this visa, a skilled individual must be nominated by an
Australian employer.1
For Kat to be eligible to obtain the visa she must have the requirements enlisted below;
One of the requirements is, at the time of the application for direct entry stream for a
subclass 186 Visa, the applicant must at the time of application not have attained the
age of 45 years, 2 therefore in this case Kat is eligible to get the 186 Visa for she has not
yet attained the requisite age, despite the fact that it’s only four days remaining to attain
the aforementioned age.
Competence in English language is also another requirement for the 186 Visa Direct
entry stream. In this case scenario, Kat is eligible to obtain the visa because she is
competent in English language for she studied both her undergraduate and master’s
degree of political science in English and also completed and international English
language testing and passed.
1 TSS Migration,
Employer Nomination Scheme (2019) Employer Sponsored Visas
<https://www.tssimmigration.com.au/services/detail/employer-nomination-scheme/ >
2
Migration Regulation 1994- Schedule 2 (Cth) S 186.231
1

The person employing the applicant must be the one who made the nomination.3 This
requirement is satisfied by Kat because the university agreed and lodged a 186
application in the Direct Entry stream to enable her obtain the Visa and additionally as
per the regulation the nomination has not been withdrawn by the employer.
According to the law, an applicant must satisfy public interest criterion 4005. Kat in this
case qualifies because she satisfies the requirement for she is free from tuberculosis
and available for any medical assessment.
Question 2 (a)
My colleague is mostly alluding to the public interest criterion 4005 that is required for a
family member to the applicant (Kat) who is also an applicant for the subclass 186 visa
to satisfy, therefore the required will not be satisfied by Tom because he has
rheumatoid arthritis and hypertension that he is expected to treat for the rest of his life,
therefore this being the reason for the colleague to suggest temporary residence
transition (TRT).
2(B)
Eligibility of the university to lodge a 186 nomination for Kat in the TRT stream
Under the Australian Immigration laws and regulations, the university will be eligible to
lodge a 186 nomination for Kat in the Temporary residence stream, when Kat is a
holder of a 457 Temporary skill shortage (TSS).
The University will also be eligible to nominate Kat for a 186 visa nomination if she has
been an employee at the university and worked for full time for at least three years.
Therefore, currently the University cannot because she has not worked for full three
year.
According to the Australian labour law, the university will also be eligible to nominate
Kate for a186 Visa if they have a labour agreement with Kat. In this case the university
3 Peñafiel, Justin. "Regulating migration to Australia and back to the Philippines: Applying a
‘diaspora strategies’ framework." (2015) 201-214
Singapore Journal of Tropical
Geography 36, 2.
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