LML6004: Analysis of Visa Requirements & Migration Agent Code

This report provides a detailed analysis of Australia's Temporary Skill Shortage visa (subclass 482) requirements under the Migration Act 1958, offering advice on sponsorship, nomination, and visa application processes. It addresses the obligations and code of conduct for registered migration agents, emphasizing their duty of care, ethical responsibilities, and compliance with the Migration Agents Regulation Act. The report further explains the interaction between agents and clients, fee structures, and liabilities, highlighting the importance of honesty, transparency, and adherence to legal standards to protect the interests of clients seeking immigration assistance. This document is aimed to assist students studying Australia's Visa System.

Running head: IMMIGRATION LAW
LETTER OF ADVICE
Name of the Student
Name of the University
Author Note

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Answer to question 1
LETTER OF ADVICE
To
Charlie Hickering
Australia
Sub: Requirements for Temporary Skill Shortage visa
Sir,
In your letter, you are seeking advice for the sponsorship, nomination and visa
requirements for the sub-class 482 visa category. There are certain specific requirements for the
allocation of the visa that has been mentioned under the Migration Act 1958 that I am going to
mention and hope that these will help you in your subsequent events.
The main purpose of the temporary skill shortage visa is to enable the employers to
appoint skilled employees who are not Australian in nature. the employers of Australia can make
an application before the particular authority for their problems for labor shortage and they can
make an application to appoint skilled employees outside from Australia. In this case, they have
to show all the necessary documents to get the acceptation. In this way, the issue regarding the
labor shortage could be resolved. There are certain positive aspects of this system. The economic
condition of Australia can be grown by this system and with the help of the foreign employees
who are specialized in that subject. In this process, a sponsorship is required, the foreign
employees are working under their supervision, and the sponsor should be Australian by
nationality. The nature of the visa under sub-class 482 is temporary and there are certain streams
under this system such as short term, medium term and labor agreement stream. At the time of

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the application, the sponsor is required to mention the stream and the staying of the employee is
depending on the validity of the stream. However, the maximum period of staying under this visa
application is four years1. Certain quality requirements are there that should be maintained in
these cases, which has been mentioned as follows:
 Before making the application, it is to be considered that the sponsor gets approval to
be a sponsor for hiring foreign employees;
 The employees have fulfilled all the skills that are necessary for the job;
 The foreign employee has a substantive visa, and
 The applicant has to pass the character test and the health requirements that are
mandatory regarding making a claim for visa in Australia.
There are certain nomination processes regarding the application of the visa. An official
nomination application is to be submitted by the employer and in case of improper placement of
the visa, the sponsor should have to make request for approval of the nomination. Further, it is to
be kept in mind that the nature of the nomination application should be legal. According to the
Migration act 1958, an applicant should have to follow three steps for getting the visa under sub-
class 482:
 Sponsorship application
 Nomination application
 Visa application
After the nomination application, the employee should have to make a claim for the visa.
The employee who is not an Australian citizen and who is selected for the special job in
1 Temporary Skill Shortage Visa (Subclass 482) (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/visa-1/482->.

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Asustralia should make the application of visa. In case an overseas employer applies for a job in
Australia, he will be treated as an Australian worker once getting into the territorial jurisdiction
of Australia. However, the employee should have to enter into a labor agreement with the
Government of Australia.
In your case, you have started a boutique shop in Sydney and there is no skilled fashion
designer in your shop. Fashion designers hold an important place in boutique shop. Therefore, it
can be observed that you are in a condition where a skilled fashion designer is required for the
betterment for your job. It has been confirmed from your statements that you met Sarah during
your New York trip and her works pleased you. You wanted to appoint Sarah as a fashion
designer at your shop but being a foreign citizen, she needs to make an application under sub-
class 482 of the Migration Act 1958. However, in this case, you are required to make application
for the nomination and apply for the sponsorship. However, you are required to gain all the valid
qualification for the sponsors and make an application for the sponsor of Sarah. In that case,
Sarah has to mention in her visa application that you are her sponsor. You are suggested to keep
in mind that Sarah has to be nominated and she should fulfill all the requirements for a skill
fashion designer. In this case, you have to show that you have a shortage of skilled fashion
designer in his shop and Sarah has all the qualities to being an employee at his shop. You can
make the application for sponsorship only after fulfilling these requirements.
Therefore, you are requested to fulfill all the requirements and make the applications
categorically.
Regards

4IMMIGRATION LAW
Answer to question 2:
Under the Migration Agent Regulation Act, certain code of conducts is specified for the
agents who wanted to be appointed as registered migration agents. The first thing is to get one’s
name registered under the Act. According to the rules of the Department of Immigration and
Border Protection (DIBP), every migration agents are required to follow the rules of the standard
code of conduct. In Australia, the migration agents are playing an important role and therefore,
they are required to maintain all the rules specified for them. Further, they should not do
anything that goes against the rules of the Migration Act 1958. All the migration agents are
required to reflect good and reasonable behavior with all the clients and they should treat all the
clients legally and should assist them with all the resourceful suggestions. In addition to this, all
the clients who are seeking advice from the migration agents regarding the migration related
matters are to be treated reasonably and the agents are required to give all the necessary
assistance to them. The migration agents should give highest priority to the clients and they
should regulate all their works as per the requirements of the Migration act 19582. According to
the Migration Act, the agents are required to act for the best interest of the clients and they have
certain duties of care for them. the provision that regulates the acts of the agents is section 314 of
the Act. All the duties and cares applicable to the migration agents have mentioned in Regulation
8 schedule 4 of the Migration Agents Regulation 1998. Further, an authority should have to be
appointed to regulate the acts of the migration agents and they will be held liable to inspect
whether all the acts of the agents are following the rules of the standard duties of care. According
to section 287 of the Act, the migration agents are required to be registered under the migration
rules. If in case, the migration agents have failed to work in accordance with the rules of the
2 Home - Office Of The Migration Agents Registration Authority (2018) Mara.gov.au https://www.mara.gov.au/

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standard code of conduct, they have to face administrative penalties for the same and their
license could be terminated. In case, a migration agent should not make any deceptive statements
that go against the interest of the clients and they are required to make all the possible steps to
get the customers rid of their problems. According to the standard duty of care, the migration
agents are required to act honestly and should gain the trust of the clients. The primary aim of the
agent should be acted in good faith and they are under an obligation to maintain all the possible
rules of the Code of Conduct. The primary intention of the migration rule is to secure the interest
of the Australian citizens and others regarding the immigration matters. The terms and condition
of the migration code of conduct is to demonstrate the behavior of the migration agents and their
qualification that helps them to give appropriate advice to the clients and give them proper relief.
There is a term named “This is Australia” (TIA) that assures the application of the Migration
Law and according to this, the main intention of the Migration Act is to provide ultimate solution
to the clients. Further, the agents are required to communicate with the clients with an effective
manner and they should provide all the legitimate advice to secure the interest of the clients. The
agents are restricted to make any fraudulent, inaccurate and misleading statements to the clients3.
Further, the agents will keep privacy regarding the statements made to them by the clients and
they are not required to make any illegal and irrelevant statements to the clients. Therefore,
according to the statements made above, the obligations of an agent under the Code can be
classified as under:
 The interaction of the agents with the clients;
 The fees taken by the agents and all the records kept by the agents from the clients;
 All the liabilities of the agents as against the clients;
3 Australia General Skilled Visa - Work In Australia (2018) Anzscosearch.com https://www.anzscosearch.com/

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 If any person is working under the agent, he has to mention about the same to the
authority;
 The agents should take reasonable steps in case any allegations have been filed or made
against them.
Further, every agent should pass the character test so that it may understand their delegation and
responsibilities regarding the migration agent. It is an obvious fact that the matters relating to the
migration are very complex in nature and therefore, the agents are required to possess all the
possible qualities to make proper sense and assist the clients and frame proper guidelines to
secure the interest of the clients. It is mandatory for an agent to follow all the requirements of the
Migration Act 1958 and Code of Conduct. In case of any breach made by the agents to the rules
stated therein, they have to face legal proceeding against them and their license could be
cancelled.
Considering all these things, it can be stated that to become an agent for the Totally New
Pty Ltd. the agent should have to work for the best interest of the clients and act in fairness. It is
to be kept in mind that he is working for the best interest of the clients and the agent is required
to maintain the high level of professionalism. The agent is required to follow all the relevant
rules of the Migration Act and Standard Code of Conduct. Further, the agent should conduct all
the duties by following ethical concepts.

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Answer to question 3:
To
Charlie Hickering
Australia
Sub: Obligations under Code of Conduct
Sir
I am very much applauded that you have accepted all my suggestions and you want me to
guide for further problems. It is good from hear you that you want help from me to make the
sponsorship and nomination program as soon as possible. However, there are certain obligations
mentioned under the Code of Conduct that I have to follow and I could not make any breach
regarding the same.
According to the Migration Agent Regulation, it is the duty of every migration agent to
act for the benefit of the clients and the agents should act in honesty. The term honesty denotes
the fact that the agents are maintaining all the rules of the standard duty of care and have not
made any breach as against any of the provisions. The agents are required to make all the
relevant information to the client so that the clients can trust on the agents4. It is not possible that
the visa applicant, being a common citizen, know all the legal facts relating to the immigration.
Therefore, it is the duty of the agents to guide them by mentioning all the important facts
regarding the same and make them aware of all the possible advices. In this way, the agents will
resolve all the queries of the applicants and the clients.
4 Robertson, Shanthi. "Time and temporary migration: The case of temporary graduate workers and working holiday
makers in Australia." Journal of Ethnic and Migration Studies40.12 (2014): 1915-1933.

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According to the facts of the present case, Sarah is an American citizen and Charlie,
being an Australian citizen wants to hire her for his shop in the post of the fashion designer.
There is no talented fashion designer in his boutique shop and for the promotion of his business;
a skilled fashion designer is required. Charlie can hire Sarah under sub-class 482 visa option and
Sarah has to make the visa application under the sponsorship of Charlie. However, you must
have any legal procedural knowledge regarding the visa application and it is my job to guide you
regarding the same. According to the provision of the Migration Act, Sarah should have to pass
the character test and should have to apply according to the rules mentioned for the same under
the Migration Aft 1958. Further, proper processes are to be maintained by the Charlie so that he
may proceed with legal steps and apply for the nomination regarding the matter. The agents will
guide them to make a legal application. The migration authority will analyze the nature and
character of the agents and legality of their application will also be examined and in case of any
breach made by the agent regarding the provision of law, penalty provisions will be imposed on
them.
Considering all the rules, it is my duty to guide you legally and reveal all the reasonable
facts to him. according to the Migration Law, minimum nine months is required to settle the
matter mentioned under sub-class 482. I should not make any false information to you and as a
migration agent, it is my duty to make all the legal submission to you. From your letter, I have
come to know that you are in hurry and you need to complete all the visa related matters in a
rapid manner. However, I could not go against the rules stated in the Migration Rules. However,
there are certain exception provisions under which certain applications can be made. It is clear
from your statements that you will be departed to New York within two weeks and therefore,
you have no enough time for the same. You have all the valid reasons and you can make an

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application before the Department of Home Affairs to make the process in an early manner and
consider you to initiate the process urgently. However, being a sponsor, you are required to show
all the relevant documents to show that you are in dire need of a skilled fashion designer and
Sarah has all the capabilities to fulfill your desires. If your urgency ground satisfies the
department, you can get all the matters resolve within one to two weeks and the visa application
process could be fast. I will guide you to make the application in legal way and this process
could give you a fruitful solution.
Therefore, you are required to make an application on urgent basis and hope all your
doubts are cleared. In case of any further queries, you can ask me freely. I will try my best to
give you factual suggestions so that your application can be lodged in effective manner.
Regards

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Reference:
Australia General Skilled Visa - Work In Australia (2018) Anzscosearch.com
https://www.anzscosearch.com/
Home - Office Of The Migration Agents Registration Authority (2018) Mara.gov.au
https://www.mara.gov.au/
Migration Act, 1958
Migration Agents Registration Authority Code Of Conduct (2018) Grangeraustralia.com.au
<http://www.grangeraustralia.com.au/code-of-conduct.html>.
Migration Regulation 1994
Robertson, Shanthi. "Time and temporary migration: The case of temporary graduate workers
and working holiday makers in Australia." Journal of Ethnic and Migration Studies40.12 (2014):
1915-1933.
Temporary Skill Shortage Visa (Subclass 482) (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/visa-1/482->.