Assessment Report: Australia's Visa System - LML6004, Semester 1, 2019

This report examines the intricacies of Australia's visa system, focusing on the application of permanent residency for skilled workers. It analyzes the relevant legislation, including the Migration Act 1958 and Migration Regulations 1994, detailing visa subclasses and eligibility criteria. The report discusses various visa options for skilled workers, including temporary and permanent visas, and explores pathways to permanent residency, such as family sponsorship and employer-sponsored visas. It also addresses the requirements for Australian citizenship, including English language proficiency, good character, and knowledge of Australia. The report provides advice on the application process, considering the applicant's specific circumstances and visa conditions, and highlights the importance of understanding the legal framework governing migration to Australia. This report demonstrates a clear understanding of the Australian migration law and provides valuable insights into the complexities of the visa system.

NAME and STUDENT NUMBER
Re: Application for Permanent Residence in Australia
Dear Suzuki Honda,
Beginning
The immigration system of Australia is governed by the Migration Act 1958 and other
relevant regulations.1 These laws make provisions for a global visa system where visas are
divided into two main types of temporary and permanent visas, a variety of classes and
further into multiple subclasses.2 Visa subclasses are provided for under the Migration
Regulations 1994, Schedule 2 and it also covers the criteria for every subclass.
Body
The work visa system in Australia primarily focuses on providing forums for skilled workers
in the various professional occupation opportunities in the country.3 The country has put its
focus particularly to meet the needs of the country’s different regions to enable migrants to
fill the gaps in skilled positions.4 Such avenues may be explored by Suzuki whose academic
qualifications and skills in engineering may be used by the Australian government for the
infrastructural developments of the country. His application for permanent residency is likely
to be accepted and granted by the Department of Immigration in Australia.
There is a variety of temporary and permanent visa options that are available for migrant
workers. Visas for skilled workers generally allow for the inclusion of family members in the
relevant visa application, and allowing such people the opportunity as well to work in
1 Migration Act 1958 (Cth), Migration Regulations 1994 (Cth).
2 Migration Act 1958 (Cth), ss 30-38B;
Migration Regulations 1994 (Cth), regs 2.01-2.04.
3 See generally Fact Sheet 24- Overview of Skilled Migration to Australia, DIAC,
http://www.immi.gov.au/media/fact-sheets/24overview_skilled.htm (last reviewed July 2012).
4 See generally Regional Initiatives, DIAC, http://www.immi.gov.au/skilled/regional-employment/ (last visited
Feb. 11,2013).

NAME and STUDENT NUMBER
Australia.5 This means that if Suzuki makes an application for permanent residency in
Australia on the basis of being a skilled worker, his wife, Yasuko may be included in the visa
application and therefore if their application is accepted then they would both be permanent
residents of Australia.
Other visa options are those allowing Australian permanent residents and citizens to sponsor
the members of their families for permanent residence.6 When Chiyoko, Yasuko’s mother got
married to Bob Ueno, a citizen of Australia, she later acquired Australian citizenship. As a
permanent resident, Chiyoko may make applications on behalf of Suzuki and Yasuko in order
to sponsor and enable their recognition as permanent residents in Australia as well.
There are also pathways that may be followed to attain permanent residency for individuals
who hold temporary skilled visas,7 and there have been recent changes for the simplification
of the process for temporary workers who are sponsored by their employers.22Suzuki and
Yasuko came to Australia with visitor visa of subclass 600 whose validity runs for 6 months
which means that it provides for temporary residence. However, their visa does not include
the 8503 condition which provides for no further stay for a visitor after the lapse of a given
period as stipulated by the visa they hold. Therefore, there not being obligation against them
to leave the country after their temporary visit has lapsed, Suzuki and Yasuko may make
applications for a bridging visa even as they wait for their application for permanent
residence to be accepted and granted.
Managing the programs of the skilled workers involves the maintenance by the government
of lists of skilled occupations.8 One list provides for the determination of the eligibility of
occupations for skilled migration that is family sponsored and independent. Another detailed
5 See generally GSM – Adding and Withdrawing Family Members, DIAC (2013).
6 See generally Family Members, DIAC, http://www.immi.gov.au/migrants/family/ (last visited Feb 12, 2013).
7 See Pathways to Permanent Residency, DIAC,
http://www.immi.gov.au/skilled/general-skilled-migration/sir.htm (last visited Feb. 11, 2013).
8 See Skilled Occupation Lists (Formerly Known as Form 1121i), http://www.immi.gov.au/skilled/sol/.

NAME and STUDENT NUMBER
list provides for occupations that relate to state as well as employer nomination schemes.9
These lists prove to be relevant and significant to the point system which is applicable to
given types of visas. In order to allow the submission of online interest expressions for
points-based visas and other visas that allow for general skilled migration, a new electronic
system was launched in July 2012 to enable interested applicants to access such services.
This can be followed by an invitation of the applicants relying on this system for them to
make applications for the visas with relevance to the match of their skills and experience
pursuant to the needs of the employers and territories or states in Australia and where the
relevant point requirements are met. Suzuki may make an application for permanent
residence using the new electronic system on the basis of his expertise and experience as an
electronic engineer who actually got a sponsorship to study and later graduated in the
University of Melbourne.
The Australian Citizenship Act 2007 lays out requirements for recognizing and granting
Australian citizenship. Those who hold visas for permanent residency and satisfy the
requirements for the permanent residence, and have a good character as well as basic
knowledge of the English language and sufficient knowledge of Australia and of the
privileges and responsibilities of the Australian citizenship can be allowed or granted
Australian citizenship.10 It is a requirement by the law for individuals who qualify for the
above two criteria to pass a citizenship test which is designed to assess these essential
criteria.11 The individuals have to make a pledge of commitment after the Minister’s approval
of the citizenship applications made by the individuals.12 Having taken an IELTS test and
scored seven in all the four components of the test, Suzuki proved to have adequate
9 See Schedule 1 and 2, Migration Regulations 1994.
10 Australian Citizenship Act 2007 (Cth), s 21.
11 See n 10 above, s 23A.
12 See n 10 above, ss 26-27.

NAME and STUDENT NUMBER
knowledge of the English language. He would have to show good character and adequate
knowledge of Australia in order for his application for permanent residence to be considered.
The requirements for permanent residence are the legal presence of the individual in
Australia for at least 4 years prior to his applying for Australian citizenship, including
permanent residence for at least 12 months immediately before the application date.13 A
requirement for a special and shortened residence may apply where the applicant is involved
in specific tasks that are beneficial to Australia and which requires one to obtain Australian
citizenship.14
Ending
I would advise Suzuki to make an application for temporary residence in Australia even as he
waits for his application for permanent residence to be approved and granted. Because of the
fact that their subclass 600 visa did not have the 8503 condition, they did not have to go back
to Japan as they waited for their application to be Australian permanent residents to be
considered. They have also expressed their wish to be independent of any employer or
government sponsorship. This means that they have a high probability of their application to
be considered and accepted without having to rely on other options which may have more
complexities than the direct application.
Yours Sincerely,
(Writer's name)
13 See n 10 above s 22.
14 See n 10 above, ss 22A-22C.

NAME and STUDENT NUMBER
BIBLIOGRAPHY
A. Legislation
Australian Citizenship Act 2007 (Cth)
Migration Act 1958 (Cth)
Migration Regulations 1994 (Cth)
B. Other
Family Members, DIAC, http://www.immi.gov.au/migrants/family/ (last visited Feb 12,
2013)
Fact Sheet 24- Overview of Skilled Migration to Australia, DIAC,
http://www.immi.gov.au/media/fact-sheets/24overview_skilled.htm (last reviewed July 2012)
Regional Initiatives, DIAC, http://www.immi.gov.au/skilled/regional-employment/ (last
visited Feb. 11,2013)
Pathways to Permanent Residency, DIAC, http://www.immi.gov.au/skilled/general-skilled-
migration/sir.htm (last visited Feb. 11, 2013)