Australian Migration Law: 457 Visa Sponsorship and Application

This assignment delves into the intricacies of Australian migration law, specifically focusing on the Temporary Business Entry (Class UC) subclass 457 Temporary Work (Skilled) visa. The document comprises two key components: a letter of advice to Outback Medical, a nursing home, outlining the requirements for sponsoring Isla, a potential employee, for a 457 visa; and a letter of advice to Isla herself, detailing the requirements she must meet to be granted the visa. The assignment meticulously examines the eligibility criteria for sponsors, including business operations, financial stability, and adherence to ethical standards. It also outlines the applicant's responsibilities, such as qualifications, English language proficiency, and character assessments. Both letters reference relevant legislation, including the Migration Act 1958 and associated regulations, providing a comprehensive overview of the 457 visa process and the obligations of both employers and visa applicants. The assignment offers a practical guide to navigating the complexities of Australian migration law, ensuring compliance and facilitating successful visa applications.

Running head: AUSTRALIAN MIGRATION LAW
Australian Migration Law
Name of the Student
Name of the University
Author Note

1AUSTRALIAN MIGRATION LAW
Table of Contents
Question 1........................................................................................................................................2
Question 2........................................................................................................................................7
Reference.......................................................................................................................................10

2AUSTRALIAN MIGRATION LAW
Question 1
A letter of advice for Outback Medical outlining all the requirements to sponsor and
nominate Isla for a Temporary Business Entry (Class UC) subclass 457 Temporary Work
(Skilled) visa.
Authority of Outback Medical
Queensland
Sub: A letter of Advice for Sponsor for Temporary Business Entry (Class UC) subclass 457
Temporary Work (Skilled) visa
Dear Sir,
As per the visa record of Isla, the Temporary Business Entry (Class UC) subclass 457
Temporary Work (Skilled) visa has expired two weeks ago. Now, it is necessary to renew the
same visa or she might face some consequences and need to go back to her homeland to Ireland.
Isla also recently make the interests to work in your organization the Outback Medical for the
nursing job and your organization also looking for the nursing home to have a good nurse.
Therefore, it is necessary to have a proper sponsor for the applicant who can sponsor Isla and

3AUSTRALIAN MIGRATION LAW
help her to stay in Australia under the visa of the Temporary Business Entry (Class UC) subclass
457 Temporary Work (Skilled) and work in Queensland nursing home1.
The Temporary Business Entry (Class UC) subclass 457 Temporary Work (Skilled) visa
has formed by Hon Malcolm Turnbull MP the Prime Minister of Australia and the Hon Peter
Dutton MP, Minister for Immigration and Border Protection where they have planned for
abolishing and replaced the Temporary Skill Shortage (TSS) visa2. They have taken initiative
steps to help for the genuine skill shortages. This visa provides the permission to the applicant
who wants to be employers and works for temporary purposes in Australia. Under this visa, it
provides the 4 years of periods to work under any sponsor for temporary purposes in Australia.
The applicant must have an approved sponsor under the rules of Department of Immigration and
Border Protection. The applicant is only allowed to work under employment of the sponsor and
approval from the sponsor is also required. Without the permission of the sponsor, the applicant
never allowed to do work in any other place. The approved sponsor only has the rights for the
applicant and it must never take any volunteer from any other organization or corporation.
It is also necessary that under the 457-visa process the sponsor must have the approval
for the appropriate position of the ‘sponsor’ and must have the capability to sponsor the
applicant. Therefore, the sponsor needs to apply for the application where he can get the
approval of being the sponsor under the 457 visa nominations. Under the 457-visa category the
visa holders have permission to work under appropriate nominated occupation and sponsored by
approved sponsor under the Department of Immigration and Border Protection. On the date of
approval of the nomination, the applicant will get the rights for the transition to permanent
1 Migration Act 1958
2 Migration Agents Code of Conduct

4AUSTRALIAN MIGRATION LAW
residency if they are willing to have two years of employer where they have sponsor then the
applicant can get the access of a full-time position in the 457-visa holder's nominated occupation.
The 457-visa sponsorship only applicable for the 457-visa process under the Department
of Immigration and Border Protection and it is necessary to required for a standard business
sponsor. Therefore, for the nominated sponsor must eligible to meet and satisfy the qualification
of being the appropriate sponsor for the 457-visa applicant. The eligibilities and requiremnts,
which are requiring for the sponsor3, are:
 The person must have a lawfully operating business in Australia
 The person is need to mention the numbers of the workers whom the person will sponsor
for the 457-visa process and provide the employments.
 The sponsor requires having an appropriate IN numbers. In this process the applicant for
the sponsor, need to meet the all criteria according to the prescribed training benchmark
and if it has found to trading for last 12 months then all of the eligibilities are also
required to meet4.
 Under the IN number the viable plan required to meet with the prescribe benchmark for
the trading of more than 12 months or less.
 The sponsor is bound to declare the sponsorship through a written documents, which
must includes of strong commitment to employing the visa holder under Australia and it
never discriminate the way of recruitments5.
3 Migration Agents Code of Conduct
4 Migration Agents Regulations 1998
5

5AUSTRALIAN MIGRATION LAW
 Therefore, the training is required to satisfy the position of the sponsor and it must need
to complete such issues.
 If the sponsor is holding and running the business outside of Australia then the person
must have intend to sponsor a 457 worker to establish or start a new business in
Australia with connections to an overseas business.
 If the sponsor is holding and running the business outside of Australia then the person
must have intend to sponsor a 457 worker to establish or start a new business in
Australia with connections to an overseas business then need to have the contractual
obligations of the employer has in Australia6.
 The sponsor must not have adverse information, which has pertaining for the workers.
 The sponsors not required to take any actions where a third party paying costs in relation
to the employer becoming a sponsor or recruiting a 457 worker.
According to the above terms it should consists of the information where unlawful activity
under Commonwealth, state or territory law, including being subject to administrative action that
falls short of a criminal conviction are never considered. The applicant is should not investigate
for any illegal and unethical activities under Commonwealth, state or territory law. The applicant
of being the sponsor should not have the insolvency according to the legislations of the
subsections 5(2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act
2001. According to the above terms and information the illegal and unethical activities has been
described likes: discrimination7, immigration, sexual servitude, industrial relations, people
6 Migration Act 1958
7 Migration Agents Code of Conduct

6AUSTRALIAN MIGRATION LAW
smuggling and related offences, occupational health and safety, slavery and deceptive recruiting,
taxation, terrorism and trafficking in persons and debt bondage8.
Therefore according to the case study, your organization Outback Medical, nursing home
want to sponsor Isla for the renew of the Temporary Business Entry (Class UC) subclass 457
Temporary Work (Skilled) visa. Therefore, the above mentioned all the consequences need to
complete the process of sponsorship for being the sponsor for Isla. Recently Isla’s Temporary
Business Entry (Class UC), subclass 457 Temporary Work (Skilled) visa has already expired two
weeks before and now she is require renewing the visa process with the help by the sponsor who
is the Outback Medical nursing home. Under this organization, she can get the job of nursing for
temporary purposes and the permission of the temporary residency in Australia. The sponsor also
checked for any criminal records of Isla and collects the character certificate from her, which she
can get from her country Ireland, if she has any relation with the illegal acts.
Therefore it is also notify to you that it is necessary to collect all the required documents
from Isla before start to the renew process for the Temporary Business Entry (Class UC)
subclass 457 Temporary Work (Skilled) visa9.
8 Migration Agents Regulations 1998
9 Migration Agents Regulations 1998

7AUSTRALIAN MIGRATION LAW
Question 2
A letter of advice for Isla outlining the requirements for her to be granted a Temporary
Business Entry (Class UC) subclass 457 Temporary Work (Skilled) visa.
Isla McCormik
Queensland
Sub: A letter for outlining the requirements to be granted a Temporary Business Entry (Class
UC) subclass 457 Temporary Work (Skilled) visa
Dear Isla
As per the visa record of Isla, the Temporary Business Entry (Class UC) subclass 457
Temporary Work (Skilled) visa has expired two weeks ago. Now, it is necessary to renew the
same visa or she might face some consequences and need to go back to her homeland to Ireland.
Isla also recently make the interests to work in your organization the Outback Medical for the
nursing job and your organization also looking for the nursing home to have a good nurse.
Therefore, it is necessary to have a proper sponsor for the applicant who can sponsor Isla and
help her to stay in Australia under the visa of the Temporary Business Entry (Class UC) subclass
457 Temporary Work (Skilled) and work in Queensland nursing home10.
10 Migration Act 1958

8AUSTRALIAN MIGRATION LAW
According to the 457-visa process, the applicant of the visa procedure should have the
eligibility for completing online application 1066 Employer Sponsored Workers (e457)11. Along
with the documents the applicant of the visa process is completes other requirements which are:
 If the applicant got nomination according to the occupation, project and Program
Administrator or Specialist Manager then it become more helpful for the Temporary
Business Entry (Class UC) subclass 457 Temporary Work (Skilled) visa applicant.
 For completing all the documentation which are required to conduct for the
registered training organisation and it must approved by the Trades Recognition
Australia.
 The applicant also requires having the qualification certificate that includes the
professional and educational.
 The name and contact details of the registration or licensing authority.
 the employee or the visa applicant should eligible for the relevant skill level
according to the ANZSCO code and it must consists of the personal details, position
of the services, old employment records, the detail information of the sponsor12.
 The applicant is requiring completing the IELTS test, OET test and it should
complete the requirement of the English language. The applicant of the visa must
pass with appropriate scores in all tests.
11 Migration Agents Code of Conduct
12 Migration Agents Regulations 1998

9AUSTRALIAN MIGRATION LAW
 The visa applicant also submits the personal documents that must include the current
passports, travel documents, persona details, and photos13.
 According to the requirement the applicant has right to include the family members
and therefore it is necessary to provide the details documents of the family members.
The marriage certificate is required for the spouse to submit under the Immigration
Authority. In the de-facto relationship, the partner’s documents need to submit to the
Immigration Authority14.
 the documents of health insurance is also requires to submit under the documentation
process for the Temporary Business Entry (Class UC) subclass 457 Temporary Work
(Skilled) visa applicant15.
 Along with the health, certificates the applicant should submit the health certificate
that she is not consist of any chronicle diseased.
 The applicant is requiring having the character certificate from the government
where she lives. The applicant must not have any criminal records and consists of
good character under the Ireland government.
Therefore, it is notifying you that you must follow the entire requirement, which has
mentioned the letter.
Thank You
13 Migration Agents Regulations 1998
14 Migration Agents Code of Conduct
15 Migration Act 1958

10AUSTRALIAN MIGRATION LAW
Reference
Migration Act 1958
Migration Agents Code of Conduct
Migration Agents Regulations 1998
Migration Regulations 1994