File Note: Distinguished Talent Visa Application for Yuvinka Blanco

This file note analyzes the eligibility of Yuvinka for the Australian Distinguished Talent (Migrant) (Class AL) (Subclass 124) visa. It outlines the required documents, including a personal statement, referee contacts, supporting articles, and employment details. The total cost of the visa application is approximately AU$4,110, with a potential additional charge for applicants without functional English. The note details the validity criteria, such as having an internationally recognized record of achievement, prominence in the field, and the capacity to contribute to Australia. It also specifies the need for nomination by an Australian organization or citizen and the requirement for functional English. The average processing time is approximately one business week, with variations based on application priority and completeness. The conclusion affirms Yuvinka's eligibility, noting that she must reside outside Australia during the visa decision-making process.

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File Note
FILE:
DATE: 3/2/2020
TIME: 11am-12pm
ATTENDANCE BY: Agent
SUBJECT: Yuvinka- Eligibility for the Distinguished Talent (Migrant) (Class AL) (Subclass
124) visa.
PURPOSE
The purpose of this note is to outline the various documents, charges, processing time, as well
as the eligibility and validity criteria for the Distinguished Talent (Migrant) (Class AL)
(Subclass 124) visa.
SHORT ANSWER
Yuvinka meets the eligibility criteria for the visa. However, for the visa to be applied, she
needs to be living outside Australia hence she should go back to her country to give the
immigration office to decide on her visa.
Documents to Attach During Application
The Distinguished Talent (Migrant) (Class AL) (Subclass 124) visa is the kind of visa
that allows am individual to live in Australia permanently1. Based on schedule 1, it is clear
that one is only allowed to permanently live in Australia under this subclass of the visa if the
individual has an internationally recognized record of outstanding and exceptional
achievement in activities such as sports, profession, arts, and research or academia2.
However, it is important to note that for this visa to be decided, one has to be living outside
Australia by the time it is reviewed and approved. Besides, the eligibility process, there are a
1 "MIGRATION ACT 1958", Www8.Austlii.Edu.Au (Webpage, 2020)
<http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ma1958118/>.
2 Sch 1 - Pt 1 Permanent Visas [Item 1104AA - Item 1138] (2020)
<https://legend.online.immi.gov.au/migration/2006-2016/2015/21-11-20>.

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number of forms and accompanying documents that one must provide for the visa to be
approved. When filing the nomination form, Yuvinka will therefore be required to attach the
following documents as evidence of her eligibility;
 A comprehensive and completed personal statement of the visa applicant’s
achievements in either of the previously states fields.
 Contacts of a referee in their claimed field of achievement or supporting comments
from people.
 Relevant supporting copies such as magazines or newspaper articles where they could
have been mentioned regarding their achievements.
 A document showing the details of the nominator’s achievements as well as those of
the visa applicant.
 Document of employment details or any other documents that could be used to assist
the visa applicant obtain their application.
 The entire visa application process may cost approximately AU $ 4,110. This is
because this is the initial government fee3. However, there is always an additional
second instalment charge if the applicant does not have functional English. In this
case however, the charge will be only the government fee of AU$4110.
SCHEDULE 1 VALIDITY CRITERIA – CLIENT MUST:
 Have at least one internationally recognized record of outstanding and unique
achievement in either their profession or art4.
 Be prominent and still be recognized in their field of achievement by the time they are
applying for the visa.
3 Masud Chand and Rosalie L. Tung, "Skilled Immigration To Fill Talent Gaps: A
Comparison Of The Immigration Policies Of The United States, Canada, And Australia"
(2019) 2(4) Journal of International Business Policy.
4 Subclass 124 - Distinguished Talent (2020)
<https://legend.online.immi.gov.au/migration/2017-2020/2020/01-01-20>.

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 Show the capability to be of high importance to the Australian community as an asset
in such a way that they have no difficulty in getting employment in Australia or being
independent once they get the visa.
 Have been nominated by either an Australian organization, citizen, or peak body.
 Be an eligible citizen of New Zealand.
 One who is highly regarded in Australia and must also have a national reputation in
their area of achievement5.
 Have functional English or pay the second instalment charge.
Average processing times for a Distinguished Talent (Migrant) (Class AL) (Subclass
124) visa
The processing times of the Distinguished Talent (Migrant) (Class AL) (Subclass
124) visa differ depending on the number of applicants, priority given to the application as
well as the events on the calendar. For instance, for prioritized application, the average
processing time is two business days which is a total of 48 hours6. It is important to note that
the said business days are not inclusive of weekends and public holidays. As a result, in case
these two events occur the processing time increases. Other factors that affect the processing
time of the visa include the promptness of the visa applicant to lodge the visa application with
all the necessary supporting and evidence documents and forms.
In addition, how fast an applicant responds to request or any other required or further
information also affects the processing times of the visa. The time that the immigration
offices also take to complete the required verification on all the documents and application
information provided by the applicant also affects the processing time of the visa. The time
that other external agencies and third parties such as health practitioner may take to provide
5 David Smith et al, "Developments In Australian Migration" (2016) 43(1-2) Canadian
Studies in Population.
6 Dominic Npoanlari Dagbanja, "A Gamble To Take? Visas And Delegated Legislative
Power On English Language In Australia" [2019] Statute Law Review.

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extra information about the visa applicant also affects the processing time of the visa.
However, having put all these factors into consideration, the average processing time of the
visa is approximately one business week.
Conclusion
Yuvinka is eligible to qualify for the visa. Besides, applicants between the ages of 18-55 also
stand a better chance of obtaining the visa than those below 18 and above 5 years. One must
show the ability to comply with the Australian law as well as the Australian values by signing
the Australian values statement. Since she is in that age group, she stands a chance to qualify
for the visa. However, she will have to move out of her friends place and live outside
Australia before the visa is decided.
Bibliography
"MIGRATION ACT 1958", Www8.Austlii.Edu.Au (Webpage, 2020)
<http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ma1958118/>

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Chand, Masud and Rosalie L. Tung, "Skilled Immigration To Fill Talent Gaps: A
Comparison Of The Immigration Policies Of The United States, Canada, And
Australia" (2019) 2(4) Journal of International Business Policy
Npoanlari Dagbanja, Dominic, "A Gamble To Take? Visas And Delegated Legislative Power
On English Language In Australia" [2019] Statute Law Review
Sch 1 - Pt 1 Permanent Visas [Item 1104AA - Item 1138] (2020)
<https://legend.online.immi.gov.au/migration/2006-2016/2015/21-11-20>
Smith, David et al, "Developments In Australian Migration" (2016) 43(1-2) Canadian Studies
in Population
Subclass 124 - Distinguished Talent (2020)
<https://legend.online.immi.gov.au/migration/2017-2020/2020/01-01-20>