Letter of Advice on Employer-Sponsored Visa for Williamstown Naval Architects Pty Ltd

This letter provides detailed advice on the requirements for nomination and sponsorship visa as an employer for Williamstown Naval Architects Pty Ltd. It covers the documents needed during the application process and the entire process and requirements, as per the law. The letter also discusses the Temporary Skill Shortage visa (subclass 482) and the steps involved in the application process. It also highlights the main features of the visa and the visa requirements for any employer-sponsored visa. Lastly, it addresses the issue of conflict of interests and the duty of an immigration agent to competently deal with the client.

Name 1
Employee Visa
Name
Affiliation
Instructor
Date

Name 2
Visa: Advice
From: Fly in Consultants
[e-mail]
To: Williamstown Naval Architects Pty Ltd
[e-mail]
20th October 2018
Re: Letter of Advice on Employer-Sponsored Visa
I hope this mail finds you in good health. As discussed previously on phone, the following is
a detailed advice concerning the issues raised. These issues are mainly the requirements
needed for nomination and sponsorship visa as an employer. This also entails whether there
is a need to apply for a temporary or permanent visa. In addition, the documents that are
needed during the application process. As such, I am providing detailed information about
the entire process and requirements, as per the law.
To start with, you stated that Williamstown Naval Architects Pty Ltd, in Williamstown,
Victoria sought the appointment of Jacklyn Fisher to work with the company as a design
architect. This is after the company secured a contract to design patrol vessels in
Williamstown. As such for you to nominate a skilled worker, your company should have

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been approved by the Australian Securities and Investments Commission. With that
established, the skill or occupation being sought after must have been approved too1. It is
hence essential to determine whether Jaclyn has the essential approvals for her skills. These
are some of the basic factors that have to be checked so that mistakes are avoided in the
application process. Also, it is worth establishing that the skill being sought after cannot be
easily found amongst the Australian workers thus the need to get an expert from overseas.
The fact that this skill is outsourced because of its shortage or non-existence in Australia,
Jacklyn is eligible to apply for a Temporary Skill Shortage visa (subclass 482). According to
the Department of Home Affairs, employers have been given the opportunity to counter the
shortage of skilled labor in Australia by inviting or hiring skilled workers, especially if such
workers are hard to find in Australia. This is on a temporary basis. The authority recognizes
approved companies that can act as approved sponsors, to nominate skilled workers for
approved occupations. As such, there are three streams namely the short-term, long-term,
and labor agreement streams. In the short term stream, employers can sponsor workers for
a period of two or four years. Medium-term streams last for four years too. Lastly, the labor
agreement stream is available for employees that have been sponsored and the employer is
in an agreement with an Australian Department.
As stated earlier, applicants are termed eligible if they have the desired skills they are being
hired for, they should be nominated by an approved business/company and should be
nominated for an approved job or occupation2. There are laid out steps that allow one to
sponsor and nominate.
1 Albanese, Jay S. "When corruption and organised crime overlap: an empirical hierarchy of corrupt
conduct." Corruption in Commercial Enterprise. Routledge, 2018. 40-56.

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The process took when applying for sponsorship
First, you or the company has to apply so that you can become a Standard Business Sponsor.
The requirements for this entail having been in operation lawfully by being established
legally3. In addition, the business should have been in operation in Australia or other
nations. At this stage, you have to provide documents that contain the Australian Business
Number registration certificate, Australian Registered Body Number registration certificate,
and a registered Business Name as per the Australian Securities as well as the Investment
Commission (ASIC). For the business to be seen as in operation lawfully, you also have to
provide financial reports, tax returns, contracts, business plans or Business Bank
Statements4. It is also essential to have the lease agreements detailing the rented premises,
evidence to show that there are members of staff employed by the company, and Business
activity Statements from when the business was established till the day the statements
were lodged.
Companies should also prove that they are not in contravention of any law. This may
jeopardize the chance of being a sponsor. During the application process, you should
indicate that the company does not practice discrimination during the employment and
recruitment of locals. This will show that you are committed to providing employment
opportunities for the local workforce. In case there are changes in business structures which
2 Bero, Lisa. "Addressing bias and conflict of interest among biomedical researchers." Jama 317.17
(2017): 1723-1724.
3 Caldwell, Hilary, and John De Wit. "From Physical Sex Therapy to Entertainment: The Motivations of
Women Buying Sex in Australia." The Journal of Sexual Medicine 14.5 (2017): e247.
4 Wilson, Tom. "Can international migration forecasting be improved? The case of Australia."
Migration Letters 14.2 (2017): 285.

Name 5
may affect Temporary Skill Shortage holders. This is in relation to the creation of new legal
entities which will force the employer to apply afresh for sponsorship.
The next step entails getting sponsorship accreditation which has a lot of benefits employers
in Australia. Sponsorship accreditation helps in speeding up the application process for
Temporary Skill Shortage nominations and application for Visas5. Priority is given to
companies and businesses that have received sponsorship accreditation. Many applications
made are finalized within a period of five days or less. Online forms are used in this stage to
apply for accreditation6. Sponsors are obliged to cooperate with government inspectors who
have been appointed as per the Migration Act 1958, adhere to terms and conditions they
set in their companies, keep all company records, inform authorities of any events related to
immigration issues, and should not indulge in discriminatory activities.
The nomination process
Nomination can be done by existing sponsors or those that have applied to be approved
sponsors. This gives one the opportunity of nomination employees from overseas countries.
During the nomination process, a position is identified so that new worker can fill it. This can
only be done by approved businesses. The new worker, therefore, should be either a new
applicant from abroad or should be proposed for a Temporary Skill Shortage Visa. This can
also apply to current holders of this visa who are already in Australia and are seeking to
change their employers. For one to successfully get a nomination, he should be an
approved sponsor, the employee being nominated must be in an eligible and identifiable
occupation, no negative factors in the business, the job position must be fulltime and
5 Chen, Wen, et al. "Pre-migration and post-migration factors associated with mental health in
humanitarian migrants in Australia and the moderation effect of post-migration stressors: findings from the
first wave data of the BNLA cohort study." The Lancet Psychiatry 4.3 (2017): 218-229.
6 Edwards, Ben, et al. "Cohort Profile: Building a New Life in Australia (BNLA): the longitudinal study of
humanitarian migrants." International journal of epidemiology 47.1 (2017): 20-20h.

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genuine7. On the other hand, standard business owners can successfully get their
nominations if there is a written contract for employment, the nominee is engaged as a
direct employee, the salary conditions have to be met, evidence on the Labor Market
Testing should be provided and one should not have been involved in practices that lead to
discriminatory recruitment.
After adhering to all factors above, the application process will be smooth as long as all
requirements are fulfilled8. It is also important to disclose any form of court proceedings or
negative aspects that the company may be facing so that these elements may not hamper
the application. Adhering to this requirements also enable the Visa applicant to have a
smooth process. There will be three steps in her application for the Visa9. As an employer,
you will make the sponsorship application, this is followed by making a nomination
application which identifies the skilled position and lastly, the proposed employee then
applies for the Visa. These three steps have to be completed in that order. There is also no
need for waiting for one step to be approved before moving on into the next process.
Determination of this job skill is outlined In Migration (IMMI 18/048 Part 2 (6).
Visa requirements for any employer-sponsored visa
As stated earlier Jacklyn is highly skilled and her skills are needed by the company for the
purposes of designing the boats. This gives her the opportunity to apply for a Temporary
Skill Shortage visa Subclass 482 which is a new class of Visa after the employer-sponsored
457 visas were suspended. Visa Subclass 482 came into effect on March 18th, 2018 and this
7 Wells, Lydia. "No longer a'migration agent': Reforms to the regulation of lawyers practising in
immigration law." Brief 44.9 (2017): 25.
8 Gewin, Virginia. "student Immigration: The gamble of going abroad." Nature 548.7667 (2017): 361-
363. 9 Harding, Richard. "Jurisprudential sources for establishing standards of the duty of care in offshore
immigration detention facilities." UW Austl. L. Rev. 43 (2018): 124.

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makes it essential for all new applicants to have a better understanding of it.10 This change
was done through a Migration Legislative Amendment Regulations 2018. As illustrated, this
allows employers to get skilled workers from other countries across the globe. During the
application process, applicants have to show a mastery of the English language apart from
having skilled work experience. These requirements have been surpassed by Jacklyn.
Main features of the Temporary Skills Shortages Visa Subclass 482
The rules that existed in Subclass 457 still apply to Subclass 482. Companies are still required
to have applied for sponsorship, nomination and also made a Visa application11. The fees
that existed in the department still remain the same at A$420 for the sponsorship stage and
on the company nomination part, A$330 is paid. The other requirement consists of the
company undertaking a Labor Market Testing which was a requirement after June 18, 2018,
so that there is an establishment of how their employee and work environments are. When
it comes to establishing that one speaks English or has the right skills, one has to prove that
he or she speaks English well and this can be made easy by availing documents showing a
five-year full-time education with the English language used as the main medium of
instruction12. The new requirements state that the English language skills should be a
minimum of 5.0 score for each component tested. The minimum income threshold that has
been set is A$53,900 per year. This has been fully met because Jacklyn has an annual salary
of USD 250,00013
10 Walsh, Trish, George Wilson, and Erna O’Connor. "Social work mobility in Europe: a case study from
Ireland." Transnational Social Work: Opportunities and Challenges of a Global Profession (2018): 241.
11 Kline, Victor. "The road back from Kafka’s castle: Towards a better system of visa application and
review in Australia." Alternative Law Journal (2018): 1037969X18783564.
12 Phi, Giang, et al. "Visitor visas for Asian markets." (2018).
13 Underhill, Elsa, and Malcolm Rimmer. "Private governance, state regulation and employment
standards: how political factors shape their nexus in Australian horticulture." Relations Industrielles/Industrial
Relations 72.1 (2017): 33-55.

Name 8
In this class, applicants have exemptions for the Mandatory Skills Assessment if they have
the following qualifications. These exemptions include whether one has an annual income
that exceeds A$180,000 per year like Jacklyn, the employee should be from an established
company overseas and the applicant should have an Offshore Skills Assessment Program. In
that case, Jacklyn earns more than the stated minimum, she has been working with the
United States Government as a Senior Naval Architect for ten years hence her capability to
be exempted from the Mandatory Skills Assessment. This will make the application process
easy for both the applicant and the company as long as all documents are lodged correctly.
It is now upon you and the company to crosscheck all requirements before making the
application for sponsorship and nomination.14 First, you have to ensure that the company
has the proper registration documents so that it can be termed as “an approved company”.
This requirement should be made when applying to become a sponsor. Secondly, the
company makes a nomination application for the desired skill. This skill has to be listed in
the Regional Occupation List (ROL) or the Medium and Long-term Strategic Skills List
(MLTSSL).
Question 2
Conflict of interests arises on many occasions. It is essential to work for one party only so as
to avoid this. In this case, it is worth working with Williamstown Naval Architects Pty Ltd
because Owen and Jim expressly state that I must only work on their behalf15. In that case, I
14 Rioseco, Pilar, John De Maio, and Cuc Hoang. "The Building a New Life in Australia (BNLA) Dataset: A
Longitudinal Study of Humanitarian Migrants in Australia." Australian Economic Review 50.3 (2017): 356-362.
15 Robinson-Pant, Anna, and Anna Magyar. "The Recruitment Agent in Internationalized Higher
Education: Commercial Broker and Cultural Mediator." Journal of Studies in International Education (2018):
1028315318762485.

Name 9
will aid the company during the application process so that they can become a Standard
Business Sponsor, and also get an accreditation for that. This contract will also extend into
applying for nomination for their desired skill. According to the 2017 Code of conduct Part
2, 2.1, an immigration agent has the duty to competently deal with the client, in a fair and
diligent manner. The desire of Owen and Jim is that only work for their own interest and not
the client. By adhering to the code of Conduct, I have to ensure that confidentiality is kept
and all applications will be made as per their instructions. Through this, I will be able to
avoid conflict of interest.
By working with both parties, conflict co interest may arise. As a registered migration agent,
I have to get refuge in the Code of Conduct 2017 as well as the Migration Act 1958 and the
Migration Regulations 1994. According to Part 2 (2.1 b) of the Code of Conduct 2017, an
agent should not accept any person as a client if there any other interests which may arise
and may lead to conflicts of interests. As such, it is essential to inform all clients about the
conflict as prescribed in part 2 2.1B, (a) of the Code of Conduct. This should be done within a
period of 14 days16. As suggested earlier by Owen and Jim, I was supposed to work for them
only, and not with the applicant. In the event that they desire to include the applicant and
make all of them my clients, I have the duty to inform them about the conflict of interest17.
According to Part 2 (2.1A), registered immigration agents are not supposed to accept a
client if (a), as an agent, he had past dealings with that particular person. As such, I have the
duty of informing the client about the conflict of interest, (b) as per the Code, I am not
supposed to work with the client and (c), I am supposed to advise the client on how he or
16 Scheffer, Paul, et al. "Conflict of interest policies at French medical schools: starting from the
bottom." PloS one 12.1 (2017): e0168258.
17 Tulich, Tamara, et al. "Protection seekers and preventive justice: Immigration detention in Australia
and the United Kingdom." Regulating Preventive Justice. Routledge, 2017. 117-138.

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she can appoint a different registered migration agent. Lastly, in (d) I should stop dealing
with the client as his or her agent.
References
Albanese, Jay S. "When corruption and organized crime overlap: an empirical hierarchy of
corrupt conduct." Corruption in Commercial Enterprise. Routledge, 2018. 40-56.
Bero, Lisa. "Addressing bias and conflict of interest among biomedical
researchers." Jama 317.17 (2017): 1723-1724.

Name 11
Caldwell, Hilary, and John De Wit. "From Physical Sex Therapy to Entertainment: The
Motivations of Women Buying Sex in Australia." The Journal of Sexual Medicine 14.5
(2017): e247.
Chen, Wen, et al. "Pre-migration and post-migration factors associated with mental health
in humanitarian migrants in Australia and the moderation effect of post-migration
stressors: findings from the first wave data of the BNLA cohort study." The Lancet
Psychiatry 4.3 (2017): 218-229.
Edwards, Ben, et al. "Cohort Profile: Building a New Life in Australia (BNLA): the longitudinal
study of humanitarian migrants." International journal of epidemiology 47.1 (2017):
20-20h.
Gewin, Virginia. "student Immigration: The gamble of going abroad." Nature 548.7667
(2017): 361-363.
Harding, Richard. "Jurisprudential sources for establishing standards of the duty of care in
offshore immigration detention facilities." UW Austl. L. Rev. 43 (2018): 124.
Kline, Victor. "The road back from Kafka’s castle: Towards a better system of visa application
and review in Australia." Alternative Law Journal (2018): 1037969X18783564.
Phi, Giang, et al. "Visitor visas for Asian markets." (2018).
Rioseco, Pilar, John De Maio, and Cuc Hoang. "The Building a New Life in Australia (BNLA)
Dataset: A Longitudinal Study of Humanitarian Migrants in Australia." Australian
Economic Review 50.3 (2017): 356-362.

Name 12
Robinson-Pant, Anna, and Anna Magyar. "The Recruitment Agent in Internationalized Higher
Education: Commercial Broker and Cultural Mediator." Journal of Studies in
International Education (2018): 1028315318762485.
Scheffer, Paul, et al. "Conflict of interest policies at French medical schools: starting from the
bottom." PloS one 12.1 (2017): e0168258.
Tulich, Tamara, et al. "Protection seekers and preventive justice: Immigration detention in
Australia and the United Kingdom." Regulating Preventive Justice. Routledge, 2017.
117-138.
Underhill, Elsa, and Malcolm Rimmer. "Private governance, state regulation and
employment standards: how political factors shape their nexus in Australian
horticulture." Relations Industrielles/Industrial Relations 72.1 (2017): 33-55.
Walsh, Trish, George Wilson, and Erna O’Connor. "Social work mobility in Europe: a case
study from Ireland." Transnational Social Work: Opportunities and Challenges of a
Global Profession (2018): 241.
Wells, Lydia. "No longer a'migration agent': Reforms to the regulation of lawyers practicing
in immigration law." Brief 44.9 (2017): 25.
Wilson, Tom. "Can international migration forecasting be improved? The case of
Australia." Migration Letters 14.2 (2017): 285.

Name 13