Detailed Analysis of Australian Immigration Law and Visa Options

This assignment analyzes Australian immigration law, focusing on skilled visas for applicants. It begins by identifying the ANZSCO code and assessing authority for veterinarians, referencing the Medium to Long Term Strategic Skills List (MLTSSL) and relevant visa subclasses (189, 190, and 489). The assignment then outlines the eligibility criteria for each visa subclass, detailing requirements related to skills, age, English proficiency, and points tests. A case study is presented, where Angela, a veterinarian with an aunt in Australia, is evaluated for her visa options, particularly focusing on subclass 489. The assignment explains the points test under SkillSelect, the Expression of Interest (EOI) process, and the impact of age on points scoring. Finally, it outlines the procedures and conditions associated with the subclass 489 visa, including the duration of stay permitted. The assignment concludes with a list of references.

Running head: AUSTRALIAN IMMIGRATION LAW
Australian Immigration Law
Name of the Student
Name of the University
Author Note

1AUSTRALIAN IMMIGRATION LAW
Table of Contents
Q1....................................................................................................................................................2
Q2....................................................................................................................................................3
Q3....................................................................................................................................................5
Q4....................................................................................................................................................5
Reference.........................................................................................................................................7

2AUSTRALIAN IMMIGRATION LAW
Q1.
The ANZSCO code for veterinarian is 234711 VETERINARIAN in ANZSCO Skill
Level-1.
The assessing authority for the veterinarian is AVBC.
It is on the Medium to Long Term Strategic Skills List or MLTSSL1. Under the
MLTSSL the occupations are regarded for the ‘in demand for the longer term’. The person or the
applicant who will have the occupation under this skill list has the rights to apply for skilled visa
with r without the help of the sponsorship occupations. It is also recognized as the Skilled
Occupations List (SOL)2.
Under the IMMI 17/072 the MLTSSL occupation holders who have application form of
19th April 2017 the applicants who are able to apply are
 Independent applicants who can apply for the 189 subclasses visa under the
Schedule 6D.
 The applicants who are sponsored by Australian relative and applying in First
Provisional Stream apply for 489 subclass visa under the Schedule 6D.
 The applicants who are Temporary Graduates (Graduate Work Stream) can apply
for the 485 sub class visa.
 The applicants who are nominated by State/Territory government can apply for
190 subclass visa under the Schedule 6D.
1 Ferguson, Stephen, Carol Giuseppi, and Tourism Accommodation Australia. "Submission to the Department of
Immigration & Border Protection." (2017).
2 Papadopoulos, Peter, and Kathryn Viegas. "Migration: Shifting goalposts in Australia's skilled migration program."
LSJ: Law Society of NSW Journal 36 (2017): 75.

3AUSTRALIAN IMMIGRATION LAW
 The applicants who are Nominated by a State or Territory government, and
applying in First Provisional Stream can apply for the 489 subclass visa under the
Schedule 6D.
Q2.
Angela can apply for the skilled visa of subclass 190, subclass 189 and 4893.
For the application under the Skilled Independent Visa of Subclass 1894 she needs to
fulfill some requirements which are:
 The application should have skilled and habituated with English
 The applicant’s age should be under 50 years.
 The applicant must require having experience with at least one of the occupations based
on the “Skilled Occupation List”.
 The application should be related with the suitable skills assessment for the specific
occupations.
The applicant must submit their “expression of interest” through online portal using their
skills where they receive an invitation to apply for the visa. For applying the visa
applicant can have 60 days. Therefore the applicant should provide valid details in the
EOI.
For the application under the Skilled Independent Visa of Subclass 1905 she needs to
fulfill some requirements which are:
3 Papadopoulos, Peter, and Kathryn Viegas. "Migration: Shifting goalposts in Australia's skilled migration program."
LSJ: Law Society of NSW Journal 36 (2017): 75.
4 "Skilled Independent Visa (Subclass 189) (Points-Tested) Stream." Border.Gov.Au, 2017,
https://www.border.gov.au/Trav/Visa-1/189-.
5 "Skilled Nominated Visa (Subclass 190)." Border.Gov.Au, 2017, https://www.border.gov.au/Trav/Visa-1/190-.

4AUSTRALIAN IMMIGRATION LAW
 The application should have skilled and habituated with English.
 The applicant’s age should be under 45 years.
 The application should be related with the suitable skills assessment for the
specific occupations.
 The applicant should pass with 60 point.
 The applicant must be nominated by a state or territory government agency.
 The good character and health certificate also needed.
The applicant must submit their “expression of interest” through online portal using their
skills where they receive an invitation to apply for the visa. For applying the visa EOIs
are kept for two years. Therefore the applicant should provide valid details in the EOI6.
For the application under the Skilled Independent Visa of Subclass 4897 she needs to
fulfill some requirements which are:
 The applicant should hold a subclass 475, 487, 495 or 496 visa and must be
nominated by a state or territory government agency or be sponsored by an
eligible relative.
 The application should have skilled and habituated with English.
 The applicant’s age should be under 45 years
 The applicant should pass with 60 point in the test.
 The good character and health certificate also needed.
6 Papadopoulos, Peter, and Kathryn Viegas. "Migration: Shifting goalposts in Australia's skilled migration program."
LSJ: Law Society of NSW Journal 36 (2017): 75.
7"Skilled Regional (Provisional) Visa (Subclass 489)." Border.Gov.Au, 2017, https://www.border.gov.au/Trav/Visa-
1/489-.

5AUSTRALIAN IMMIGRATION LAW
 The Medium and Long-term Strategic Skills List (MLTSSL) occupation holders
can apply for the visa.
Q3.
Under the Medium to Long Term Strategic Skills List or MLTSSL8 Angela should
given points test under the Schedule 6D which has been lodged after 1 July 2012 under
SkillSelect. Under the SkillSelect the applicant who are applying for the skilled visa of 189, 190
and 489 need to submit first an Expression of Interest (EOI) online where they can receive an
invitation to apply for the visa process. After receiving the invitation the applicant is required to
give points test in the EOI but there is no need to actually submit any statement or supporting
documents. The EOI will have 2 years of validity where For GSM the score should be not less
than that actually scored in the application. If it is breached then the Fraud (4020) condition will
be recorded against the applicant. Before 1 July 2017, an applicant may be aged up to 49 at time
of invitation to apply. This has been reduced to 44 as from 1 July 2017. As being a 25 years old
woman, Angela needs to score 30 points in the test.
Q4.
Angela has completed a Bachelor of Science/ Doctor of Veterinary Science degrees at the
University of Melbourne. She has her aunt in Australia who is prepared to sponsor her. Therefore
she can apply for the Skilled Independent Visa of Subclass 4899.
8 Ferguson, Stephen, Carol Giuseppi, and Tourism Accommodation Australia. "Submission to the Department of
Immigration & Border Protection." (2017).
9"Skilled Regional (Provisional) Visa (Subclass 489)." Border.Gov.Au, 2017, https://www.border.gov.au/Trav/Visa-
1/489-.

6AUSTRALIAN IMMIGRATION LAW
Under the IMMI 16/059 (SOL) the applicant can be Independent applicants or Sponsored
by Australian relative, and applying in First Provisional Stream or Temporary Graduates10.
Therefore as she has her aunt in Australia she can apply for the Skilled Independent Visa of
Subclass 489 under Schedule 6D. The procedures of the visa are:
 The applicant should hold a subclass 475, 487, 495 or 496 visa and must be
nominated by a state or territory government agency or be sponsored by an
eligible relative.
 The application should have skilled and habituated with English.
 The applicant’s age should be under 45 years
 The applicant should pass with 60 point in the test.
 The good character and health certificate also needed.
 The Medium and Long-term Strategic Skills List (MLTSSL) occupation holders
can apply for the visa.
 The applicant able to stay in Australia for up to 4 years.
Through the submission under the expression of interest (EOI) the applicant should
submit the details of nominated occupation, skills and qualifications along with the
details of sponsored by a family member or wish to be nominated by an Australian state
or territory.
10 Papadopoulos, Peter, and Kathryn Viegas. "Migration: Shifting goalposts in Australia's skilled migration
program." LSJ: Law Society of NSW Journal 36 (2017): 75.

7AUSTRALIAN IMMIGRATION LAW
Reference
"Skilled Independent Visa (Subclass 189) (Points-Tested) Stream." Border.Gov.Au, 2017,
https://www.border.gov.au/Trav/Visa-1/189-.
"Skilled Nominated Visa (Subclass 190)." Border.Gov.Au, 2017,
https://www.border.gov.au/Trav/Visa-1/190-.
"Skilled Regional (Provisional) Visa (Subclass 489)." Border.Gov.Au, 2017,
https://www.border.gov.au/Trav/Visa-1/489-.
Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New
Zealand, and the United States: An overview of recent trends." International Migration Review
48.3 (2014): 801-822.
Ferguson, Stephen, Carol Giuseppi, and Tourism Accommodation Australia. "Submission to the
Department of Immigration & Border Protection." (2017).
Papadopoulos, Peter, and Kathryn Viegas. "Migration: Shifting goalposts in Australia's skilled
migration program." LSJ: Law Society of NSW Journal 36 (2017): 75.