Australian Migration Law: Visa Application Process and Requirements

This report provides a comprehensive overview of Australian migration law, specifically addressing the process for skilled visa applications. It details the necessary steps for a naval architect from the US to obtain a visa, including SkillSelect, skill assessment tests, and English proficiency requirements. The report also outlines the responsibilities of the sponsoring company, Williamstown Naval Architects Pty Ltd, under Standard Business Sponsorship (SBS), emphasizing the need for accurate job descriptions and supporting documentation. Furthermore, it analyzes potential conflicts of interest when a migration agent represents both the company and the employee, suggesting strategies for transparency and ethical practice, such as full disclosure and prioritizing the client's interests. The report highlights the importance of providing verifiable evidence, including job duties, third-party documentation, and financial records, to ensure a successful visa application. It underscores the critical scrutiny of visa applications and the need for a forensically sound approach. The report serves as a guide for navigating the complexities of Australian migration law, ensuring compliance and ethical conduct.

Australian Migration Law

Answer 1
XYX
A-587,
Sydney Australia
Date- 23rd November, 2018
Mr. Owen and Jim
Directors
Williamstown Naval Architects Pty Ltd,
Williamstown, Victoria
Mr. Owen and Jim,
I am writing a letter to you in order to provide you assistance regarding the appointment of
the Naval architect, Jacklyn Fisher, who is supposed to move to Victoria from US in order to
assist you with the design of patrol vessels. Being a migration agent, it is my prime
responsibility to assist you with the best available options for fulfilling the nomination,
sponsorship and visa requirements of migration as per the Australian Law of migration. I
would help you in the process by providing all the important information associated with the
same.1
First of all, I would like to introduce to the basic Australian migration law and the formalities
which need to be fulfilled while appointing any foreign expert for taking over a reputed
company position in Australia. The Government of Australia has also promoted the migration
of the skilled employees to the country as there have been reports of reduced number of
skilled employees in Australia for taking up the reputed positions in the companies.2 Thus,
the giver4nment of Australia has introduced a priority system for the early and easy
1 Visa Guide, Proof of Accommodation for Visa Application - Visa Requirements (2018) VisaGuide.World
<https://visaguide.world/proof-of-accommodation-visa-application>.
2 Australian Government, Code of Conduct for Registered Migration Agents (2017) Lenahung.com.au
<https://lenahung.com.au/wp-content/uploads/2017/05/Code_of_Conduct_April_2017.pdf>.

processing of the skilled visas to allow the skilled employees like Ms. Jacklyn to assist the
economy of the nation. Since, you are being involved in a project given to you by the
Australian Government., the procedure of finalising the visa application is expected to be
easier.3 The Ministry of Australia issued a Critical Skills List (CSL) which function s in
collaboration with Migration Occupations in Demand List (MODL) to prioritise the clearing
of the skilled visas. Since, in your case, there is an involvement of Skilled migrant, the
SkillSelect migration visa will be operated.4 For this, a potential applicant who wants to get a
points tested skilled visa will need to use the Department’s online application system and
then, submit the Express of Interest (EOI). After their EOI matches the eligibility criteria,
they will get an invitation to apply. After getting the invitation, the applicant needs to submit
a formal application within a time period of 2 months. Jacklyn will have to follow all these
steps so as to secure an Australian VISA.5
For the next steps for receiving the skilled visas, the P4 priority grouping will be followed
under the category of Skilled Australian Sponsored applicants. Jacklyn will have to undergo
the skill assessment test to analyse whether the skills of your sponsored or nominated
candidate match the required levels of skills as recognized in Australia. Since, she has
achieved a post graduate degree and has an experience of many years working in recognized
firms; she will be classified under skill set 1 as per the guidelines set by ANZSCO.6 The skill
assessment process of the Australian government consists of four stages under the Job Ready
Program including Provisional skills assessment, Job Ready Employment, Job Ready
3 James Crawford, "Australian Immigration Law and Refugees: The 1989 Amendments" (1990)
2(4) International Journal of Refugee Law.
4 Australian Government, What to Expect from Your Agent - Office of the Migration Agents Registration
Authority (2018) Mara.gov.au <https://www.mara.gov.au/using-an-agent/working-with-your-agent/what-to-
expect-from-your-agent/>.
5 Zoe Anderson, "Borders, Babies, and “Good Refugees”: Australian Representations of “Illegal” Immigration,
1979" (2012) 36(4) Journal of Australian Studies.
6 NSW Migration Heritage Centre, Australia’s Migration History (2010) Migrationheritage.nsw.gov.au
<http://www.migrationheritage.nsw.gov.au/belongings-home/about-belongings/australias-migration-history/
index.html>.

Workplace Assessment and Job Ready Final Assessment. These four stages are discussed
below:
In the first stage of Provisional skills assessment enables the client to apply for a subclass 485
visa. In the second stage of Job ready Program the applicant will pay the fees. In stage three
of JRP applicant can register for the Workplace Assessment that is conducted by the TRA.7
This test will help in testing the practical ability of client in particular trade skill in an
Australian workplace. The final stage of JRP enables the applicant to apply for a Job Ready
Final Assessment with fees involved in the same.
After all the assessment tests are completed, she will have to face the test regarding the
English proficiency. After all the tests are completed with successful results, her visa
application will be processed as per the law.
Meanwhile, there are also a few formalities which need to be done from your side. You will
have to go through the procedures of sponsoring under the provisions set by Standard
Business Sponsorship (SBS). Before nominating Jacklyn for the job, you will have to ensure
that your business has been approved by the dictated guidelines of Australian government.
Second, you will have to nominate the employee for the position in your company and as per
the guidelines, you may sponsor Jacklyn an applicant for a 482 visa. The visa application will
require the family information of the employee to be filled intact. A proper job description
and required qualification for the position needs to be provided by you and the nomination
must be supported by you at every instant. The government inspectors will make sure that all
the business obligations are fulfilled both by the company and the nominated employee. The
Australian Migration Act can be described as “An Act relating to the entry into, and presence
in, Australia of aliens, and the departure or deportation from Australia of aliens and certain
other persons” (Federal Register of Legislation, 2018).
7 Kelsey Munro, A Brief History of Immigration to Australia (2017) SBS News
<https://www.sbs.com.au/news/a-brief-history-of-immigration-to-australia>.

In order to sponsor Jacklyn to Australia there will be a need of number of evidences
supporting different claims. The evidences provided by the applicant will be assessed
critically and compared with the Australian standards.8
The discussion of these evidences is given below:
The accurate description of the duties and job responsibilities has to be given. The third party
documentation is required. For this purpose Jacklyn should focus on obtaining the
government-level documents for than same rather private level documents as the evidences
issued by government-level organizations have more weight age. Other evidences that will
be required include Group certificates, bank records, tax returns and pay-slips so as to prove
employment. In addition the evidences regarding the English proficiency are also required so
as to ensure that the applicant is proficient in English language. There are number of English
tests such as the OET Test, Pearson (PTE) and Cambridge (CAE) that can be used to provide
the evidence related to English proficiency.9
The applicant also needs to provide Verifiable evidences related to of assets/turnover in the
form of official documents or the audited financial statements For example the taxation
records. In the present immigration climate The VISA applications are scrutinized critically.10
The best outcomes can be only ensured if the application is forensically sound.11 In this
context, Jacklyn also needs to provide the evidences related to accommodation.12 The
accommodation proof is essential because it will help the immigration authorities of Australia
8 Immigration Solutions Lawyers, An Important Distinction - Difference between Migration Agent and an
Immigration Lawyer (2016) Immigrationsolutionslawyers.com.au
<https://www.immigrationsolutionslawyers.com.au/important-distinction-difference-migration-agent-
immigration-lawyer/>.
9 Khanh Hoang and Sudrishti Reich, "Managing Crime through Migration Law in Australia and the United
States: A Comparative Analysis" (2017) 5(1) Comparative Migration Studies.
10 Francis Baert, "Security and Migration in the 21St Century" (2011) 2(1) Global Policy.
11 Graeme Hugo, Implications for Migration Policy and Planning in Australia – Parliament of Australia (2004)
Aph.gov.au <https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/
pubs/rp/rp0304/04rp10>.
12 Patrick Carvalho, Why Migrants May Be Our Greatest Economic Asset (2015) ABC News
<https://www.abc.net.au/news/2015-04-21/carvalho-why-migrants-may-be-our-greatest-economic-asset/
6409042>.

in determining that where the applicant will stay in the country. The accommodation
evidence is one of the most important forms of evidences required for VISA application.13
I hope that I have provided enough information about the important information related to
documentation and evidences that will be required by Jacklyn for the application of
Australian VISA. It is important for the applicant to fulfil all the requirements and provide all
the evidences listed in this letter so that the VISA application process can be carried out
smoothly. This information provided in this letter will help Jacklyn in getting familiar to the
overall process of VISA application for Australia.
Thanking You
ABC
Answer 2
There may be a conflict of interest in the relationship between migration agent, client and the
employee especially when the agent is acting on behalf of both the company and the
employee. The conflict of interest is a part of all the business relationships and these conflicts
have to manage carefully so as to ensure that the client agent relationship is managed for long
term.14
Owen and Jim want that I should only act on the behalf of Williamstown Naval Architects
Pty Ltd but not on the behalf of applicant. This is a situation of conflict of interest. A
situation of conflict of interest can be defined as the situation in which aims of both the
parties involved are not compatible.
In this context there is a need of policy that will help in avoiding the conflicts of interests
between the clients and the migration agent. If I have to act for both the parties i.e.
13: Ben Doherty and Nick Evershed, The Changing Shape of Australia's Immigration Policy (2018) The
Guardian <https://www.theguardian.com/australia-news/2018/mar/24/australias-fierce-immigration-debate-is-
about-to-get-louder>.
14 Jennifer Williams, How to avoid a conflict of interest (2018) Smallbusiness.chron.com
<https://smallbusiness.chron.com/avoid-conflict-interest-817.html>.

Williamstown Naval Architects Pty Ltd and the client then I will declare the same to both the
parties so that the conflicts of interest can be avoided. This will also help in ensuring that
there is no conflict in future as well. However, if I choose to act for both the parties without
informing them about the same then this will be misconduct on my part. This misconduct can
have severe negative impact on my profession.15
I have to be transparent in terms of defining that on whose behalf I will act as a migration
agent. If I act on behalf of both the parties there are some important aspects that have to be
considered. Firstly I will disclose the fact that I am acting on behalf of both the parties i.e.
Jack and Williamstown Naval Architects Pty Ltd. This will help in avoiding the situation of
conflicts of interests in the future. As a migration agent I am responsible for keeping the
legitimate interest of client above than my self- interests i.e. making money from both the
clients with disclosing the fact that I am acting for both the parties. Disclosure is known to be
one of the most simple and effective strategies in context of avoiding and managing the
conflicts in the organization.
If in case I have to work with both the parties including the Client and the company I will
work for the interests of both the parties. I will take in account the needs of both the company
and client along with communicating about the issue of conflict of interest to both the parties.
I will help both the client and the company in acquiring the Australian VISA on time. If any
of the party has an issue then will suggest them to cease the relation and appoint another
registered migration agent. This is the last alternative that can be adopted if any of the party is
against the fact that I will work as a migration agent for both the parties.16 As a migration
agent it is my responsibility to forecast and list all the possible situations related to the
conflict of interest along with finding the mitigation strategy for the same. In addition the
15 Australian Government, What to expect from your agent - Office of the migration agents registration
authority (2018) Mara.gov.au <https://www.mara.gov.au/using-an-agent/working-with-your-agent/what-to-
expect-from-your-agent/>.
16 Ken LaMance, The role of immigration lawyers | Legalmatch Law Library (2018) Legalmatch.com
<https://www.legalmatch.com/law-library/article/the-role-of-immigration-lawyers.html>.

steps that can be implemented for mitigating the conflict of interests should also be discussed
in the policy. This will help in ensuring that not such situation occurs in the future.17 It is
important for me as a migration agent to forecast the issues in the process of VISA
application rather than wait for the issue to occur actually.
In addition I can also use one of the management strategies for avoiding the situation of
conflict of interest with the parties involved. Management strategy is developed when an
interest of disclosure reveals a potential conflict of interest as in the case if I work with both
the parties involved in the situation. 18One of the best strategies that can help me in avoiding
the interest of conflict is associated with declaring the conflict to the company and the client.
This strategy will help in mitigating and managing the conflict of interests. A management
plan ensures that best steps have been taken for preventing the future problems.
The above discussion has focused on the important aspects and situations related to VISA
application for Australia. The overall discussion indicates that VISA application process is a
complex process that is made easier by a migration agent. The complexity of the VISA
process can be attributed to the fact that it is essential for a nation to protect the safety of its
citizens and prevent the people with malicious intentions to enter in the boundaries of the
nation. The above discussion has provided details of the process, documents and evidences
that will are required by the applicant for applying an Australian VISA.19 In addition the
above discussion has also focused on the situation of conflict of interests that is generally
faced by the migration agents. In this context, the strategies that can help in avoiding and
mitigating the conflict between the company and the client have also been discussed.20
17 Australian Government, What to Expect from Your Agent - Office of the Migration Agents Registration
Authority (2018) Mara.gov.au <https://www.mara.gov.au/using-an-agent/working-with-your-agent/what-to-
expect-from-your-agent/>.
18National Institutes of Health, Managing Conflict Of Interest (2017) Ethics.od.nih.gov
<https://ethics.od.nih.gov/topics/conflicts.htm>.
19 USQ, Managing a Conflict Of Interest - University Of Southern Queensland (2018) Usq.edu.au
<https://www.usq.edu.au/hr/empcond/conflicts/conflict-management>.
20 UT System, Procedure for Managing Conflicts Of Interest (2018) University of Texas System
<https://www.utsystem.edu/offices/general-counsel/procedure-managing-conflicts-interest>.

References
Anderson, Zoe, "Borders, Babies, and “Good Refugees”: Australian Representations of
“Illegal” Immigration, 1979" (2012) 36(4) Journal of Australian Studies
Baert, Francis, "Security and Migration in the 21St Century" (2011) 2(1) Global Policy
Crawford, James, "Australian Immigration Law and Refugees: The 1989 Amendments"
(1990) 2(4) International Journal of Refugee Law
Hoang, Khanh and Sudrishti Reich, "Managing Crime through Migration Law in Australia
and the United States: A Comparative Analysis" (2017) 5(1) Comparative Migration Studies
Australian Government, Code of Conduct for Registered Migration Agents (2017)
Lenahung.com.au
<https://lenahung.com.au/wp-content/uploads/2017/05/Code_of_Conduct_April_2017.pdf>
Australian Government, What to Expect from Your Agent - Office of the Migration Agents
Registration Authority (2018) Mara.gov.au
<https://www.mara.gov.au/using-an-agent/working-with-your-agent/what-to-expect-from-
your-agent/>
Carvalho, Patrick, Why Migrants May Be Our Greatest Economic Asset (2015) ABC News
<https://www.abc.net.au/news/2015-04-21/carvalho-why-migrants-may-be-our-greatest-
economic-asset/6409042>
Doherty, Ben and Nick Evershed, The Changing Shape of Australia's Immigration
Policy(2018) The Guardian
<https://www.theguardian.com/australia-news/2018/mar/24/australias-fierce-immigration-
debate-is-about-to-get-louder>
Hugo, Graeme, Implications for Migration Policy and Planning in Australia – Parliament of
Australia (2004) Aph.gov.au

<https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/
Parliamentary_Library/pubs/rp/rp0304/04rp10>
Immigration Solutions Lawyers, An Important Distinction - Difference between Migration
Agent and an Immigration Lawyer (2016) Immigrationsolutionslawyers.com.au
<https://www.immigrationsolutionslawyers.com.au/important-distinction-difference-
migration-agent-immigration-lawyer/>
LaMance, Ken, The Role of Immigration Lawyers | Legalmatch Law Library (2018)
Legalmatch.com <https://www.legalmatch.com/law-library/article/the-role-of-immigration-
lawyers.html>
Munro, Kelsey, A Brief History of Immigration to Australia (2017) SBS News
<https://www.sbs.com.au/news/a-brief-history-of-immigration-to-australia>
National Institutes of Health, Managing Conflict Of Interest (2017) Ethics.od.nih.gov
<https://ethics.od.nih.gov/topics/conflicts.htm>
NSW Migration Heritage Centre, Australia’s Migration History (2010)
Migrationheritage.nsw.gov.au
<http://www.migrationheritage.nsw.gov.au/belongings-home/about-belongings/australias-
migration-history/index.html>
USQ, Managing a Conflict Of Interest - University Of Southern Queensland (2018)
Usq.edu.au <https://www.usq.edu.au/hr/empcond/conflicts/conflict-management>
UT System, Procedure for Managing Conflicts Of Interest (2018) University of Texas
System <https://www.utsystem.edu/offices/general-counsel/procedure-managing-conflicts-
interest>
Williams, Jennifer, How to Avoid a Conflict Of Interest (2018) Smallbusiness.chron.com
<https://smallbusiness.chron.com/avoid-conflict-interest-817.html>