Migration Law: Visa Advice for International Student in Australia

This report provides detailed advice on Australian migration law, specifically addressing visa extension options for an international student completing a Master's degree at Griffith University. It outlines the client's situation, including their current visa expiry date and course completion timeline, and recommends the Post-Study Work stream of the 485 visa as a suitable option. The report explains the requirements for this visa, including IELTS score, study duration, and application deadlines. It also discusses the possibility of applying for permanent residency through the General Skilled Migration Program. The report emphasizes the importance of adhering to the Migration Act, Migration Regulations, and the Code of Conduct for registered migration agents, ensuring confidentiality and providing transparent fee structures. It also explores alternative visa options like the Skilled Graduate Temporary Visa and Work Holiday Visa, providing a comprehensive overview of the client's choices for staying in Australia. The report references relevant legislation, journals, and websites to support its advice, offering a practical guide for navigating the complexities of Australian migration law.

Running head: MIGRATION LAW
MIGRATION LAW
Name of the Student:
Name of the University:
Author Note:

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1.Email to the client:
To
Jill Naidoo,
Griffith University,
Australia.
Subject: Advice on visa extension.
Dear client,
In this letter, I am advising you on provisions related to renewal of your present visa. I
will be giving you advice regarding the process I will be using in this regard in relation to the
provisions enumerated in the Migration Act1 and the Australian Code of Conduct2.
As you said you will complete your Masters this year end and your current visa will
expire on March of 2019. Still you can continue to stay in Australia after your present visa
expires under the Permanent Residency Visa according to General Skilled Migration Program3.
However, main problem that is usually faced by students is the time shortage between the visa
expiry date and the date of completion of course. Sometimes about three months are needed to
process necessary documents by the Immigration authorities and to return it back to the
applicant. Many students have their visas getting expired on March; hence they have only short
duration for getting their documents processed for lodging application for permanent residency.
1 The Migration Act 1958.
2 Mara.Gov.Au (Webpage, 2019)
<https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>.
3 Robertson, Shanthi. "Intertwined mobilities of education, tourism and labour: The consequences of 417 and 485
visas in Australia." (2016) THE IMPACT OF MIGRATION LAW AND POLICY : 53.

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However you are lucky in this aspect. Your Masters course is ending on December 2019 and
your visa is expiring on March 2020. Thus you have enough time to apply for visa. In this
regard, you can make application for 485 Temporary Graduate Visa4. With this visa, you can
work here temporarily after completion of your course. You can also apply for Post-Study Work
stream 485 visa as you have done your graduation course from an Australian university. But
there are few conditions that are to be satisfied for this visa. This stream visa can be availed by a
student who being a graduate has secured minimum 6 in each of the bands of IELTS test or who
being graduate studied at under graduate level or higher from an education provider of Australia
for 2 years or being a graduate applied doe the student visa after 5th November of 2011 or being
graduate had made application for 485 visa within a period of 6 months after the course gets
completed.
While going further with your case, I will abide by the Migration Regulations5, Migration
Act6 as well as portfolio procedures and policies. Other relevant Acts in relation to migration are
also must be referred. This Migration Act was legislated for regulating the entry as well as
staying of the noncitizens in Australia. Further, Code of Conduct provided in Migration
Consultants Regulations, Schedule 2 will also be referred also.
In this aspect, I have the duty to maintain your confidentiality until and unless required
by law as per clause 3.1 of the Code of conduct. Hence, you can be sure that your
confidentiality will be preserved. After it is being agreed that we will be working on your visa
application, you will be provided with a Consumer guide copy which is actually a document
prepared by an Authority providing information related to advice of migration application,
functioning of such authority, the legislations controlling the profession of migration agent,
4 "Temporary Graduate Visa - Subclass 485", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485>.
5 Migration Regulations 1994.
6 Migration Act 1958.

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what is to be expected out of a migration agent and the procedures for issuing complaints as per
clause 3.2A of the said Code. A copy of application as per the Migration Act and Regulations
will be provided to you. In addition to these, if you need an interpreter for easy communication,
it will be arranged also as per clause 3.6 of the said Code. However, for this, you may be needed
to pay an additional sum of money as per clause 5.3c (iv) of the Code. I will provide with my
address as well as contacting number such that I can be contacted by you as and when needed in
the regular business hours as per clause 2.22B(a) of the Code. If any change in my contact
information occurs, you will be notified about it within 2 weeks clause 2.22B(b) of the Code.
As there lies no statutory fees structure as per clause 5.1 of the code, prior to proceed
with your work, you will be provided with an estimation of charges to be paid as fees per hour
for the service given to you according to clause 5.2. Further, if any extra cost is incurred, I will
inform you too beforehand. Once you agreed with all these you have to give an acceptance in
writing as per clause 5.2b. After it is received you will be given a confirmation in writing that
consists of an agreement for fees as well as services as per clause 5.2c. The agreement denotes
detailed information of services that will be provided to you together with the fees and
disbursements if any. But if your case needs any extra advice from experts like solicitor, barrister
or others, I will inform you about it as per clause 5.3. Extra charges may be required if there lies
a necessity to involve and pay any witness or to meet any other additional fees or charges.
Hence you can be assured that your case will be dealt with honesty, truthfulness and fairness and
I can further assure you that the best efforts will be taken to solve your case as per clause 1.10b.
But as the final decision is in the hands of the immigration authority of Australia, the decision
given by it is final and will be binding on us.

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Regards.
2. In the present situation Jill Naidu is a client who wants to live in Australia after the completion
of his Masters course in marketing. His course will be over by the end of the year 2019. Further,
his current visa will be expiring in the month of March of 2020. As he entered Australia in the
month of January of 2012, it is implying that he received his visa since that time. So he has the
eligibility to apply for the Post Study Work Stream 485 Visa.
For applying the said visa, Jill must satisfy the below mentioned conditions. He should be
a graduate and must have received a minimum score of 6 in each of the bands in the IELTS test.
He should have also studied course of Bachelor level or higher for a minimum period of two
years from any recognized college or university in Australia. In addition, he should have applied
for his first student visa after the month of November 2011 and he must have lodged his visa
application within a period of 6 months from the date of his completion of educational course.
The time span Jil will be getting between the months of December 2019 and March 20 20 has to
be used in an efficient manner for the visa application procedure.
Australian Permanent Residents:
The people residing in Australia by holding a permanent residency visa but are not
Australian citizens are known as Australian permanent residence. In this case Jill Naidu if wishes
can turn into a permanent resident of Australia with the help of General Skilled Migration
Program. It is generally dealt in by the Australian Citizenship Act7. With the help of this visa, Jill
can stay in Australia for an indefinite period. Jil can earn the eligibility to be an Australian
citizen after a period of waiting since he turns into a permanent resident. For this he is required
7 Australian Citizenship Act 2007.

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to appear for the citizenship test conducted by the concerned authority after his waiting period
gets over. With a master degree, adequate score in English together with work experience given
in the skill list of Australia, one can get permanent residency in the country within 1 year only.
So, Jill must work for minimum period of 2 years on work permit VISA prior to the application
of the permanent residence visa. Being an authorised migration agent, I will suggest you to make
application for the Post Study Work Stream of 485 Visa8 as it is easier foreign student to get the
grant of this visa. It is not possible for Jill to apply for the Permanent Residency Visa since he
lacks work experience.
Jil wants to keep it a secret that he wants to settle in Australia post his education. Being
an authorised migration agent, I can assure that his identity as well as information will not be
shared with anyone since it is against professional conduct standard as per clause 3.1. I will
guide him to take measures as per the Migration Act, Migration Regulations as well as the
portfolio policies and procedures. Further, I will deal with him in a competent, diligent and fair
manner. I promise you that I will not involve in physical threats, undue pressure or manipulation
of ethical and cultural anxieties. Every agent must follow the code of conduct prescribed for the
register migration agents. After his Masters course gets over Jill can make application for either
working visa or a temporary visa. The procedure for the latter one is easier when compared with
former. He can even apply for Work Holiday Visa9 that will permit him to travel as well as work
for 12 months. The Skilled Graduate Temporary Visa permits international students to stay for a
period of 18 months after completion of study. This is another good option for the client.
However, the best option available to him is to make application for the Post Study Work Stream
8 Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/
temporary-graduate-485/post-study-work>.
9 "Working Holiday Visa (Subclass 417)", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-417>.

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of 485 Visa and I will be following the procedure perfect for it. Thus, the client has various
options to choose from for staying in Australia. It is his choice to decide which one to apply for.
Being an agent, I will be providing the best possible service to him for this purpose.

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References:
Journals:
Robertson, Shanthi. "Intertwined mobilities of education, tourism and labour: The consequences
of 417 and 485 visas in Australia." (2016) THE IMPACT OF MIGRATION LAW AND POLICY :
53.
Legislations:
Australian Citizenship Act 2007.
The Migration Act 1958
The Migration Consultants Regulations 1998
Migration Regulations 1994.
Websites:
"Temporary Graduate Visa - Subclass 485", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485>.
"Working Holiday Visa (Subclass 417)", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-417>.
Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-listing/temporary-graduate-485/post-study-work>.
Mara.Gov.Au (Webpage, 2019)
<https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>.