Migration Law: Advice Letter on Australian Visa Sponsorship

This assignment presents a migration advice letter addressing the requirements for sponsoring an individual, Ai, to migrate to Australia as a hospital pharmacist. It outlines the relevant ANZSCO code (251511), assessing authority (APharmC), and the Temporary Work (Skilled) (Subclass 457) visa as a common pathway. The letter details the eligibility criteria for the 457 visa, including age, registration with a migration agent, visa duration, family inclusion, sponsor approval, and English language skills. It also discusses the possibility of applying for permanent residency and the Skilled Regional visa (subclass 887) after holding a 489 visa. The assignment emphasizes the sponsor's responsibilities, such as having a registered business, providing training, and cooperating with inspectors. Furthermore, it highlights the skilled migration pathways available in South Australia, including the 489 provisional visa, and the requirements for this visa. The letter concludes by emphasizing the importance of timely submission of documentation and cooperation with the migration process.

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

1MIGRATION LAW
To
Mr. Dan Hong
Subject: Migration Advice Letter
Dear Mr. Dan,
As per your approaches for being a sponsor for Ai who want migration to go to Australia
for working as a hospital pharmacist there are several terms which are need to follow according
to the Migration Act 1958.
The ANZSCO code for Ai’s occupation as a hospital pharmacist will be 251511 which
UNIT GROUP will be 2515 PHARMACISTS where APharmC is the assessing authority for this
occupation1.
It is also notify that if Dan sponsors Ai for the migration then according to the Temporary
Work (Skilled) (Subclass 457) visa she need to apply for migration for temporary employment in
Australia2.
Temporary Work (Skilled) (Subclass 457) visa is one of the most common visa for those
employers who work in Australia for a temporary period by a sponsor who is the citizen or has a
licensed business in Australia. The visa is processed by the Federal Government according to the
Migration Act 1958. The application for the Temporary Work (Skilled) (Subclass 457) visa
holders is regulated by the Department of Immigration and Border Protection. Ai also has rights
to apply for the permanent residency visa under the Remaining Relative Visa (Subclass 115) for
1 ("1220.0 - ANZSCO - Australian And New Zealand Standard Classification Of Occupations, First Edition,
Revision 1")
2 "Skilled Migrants." Migration.Sa.Gov.Au, 2017, http://www.migration.sa.gov.au/skilled-migrants.

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skilled migration in Australia. The visa applicant has only applied for this visa if he or she has
any relative who can authorize the applicant then he or she may get the permanent residency.
There are several requirement are introduces for the applicant of the Temporary Work (Skilled)
(Subclass 457) visa3. Those are:
 The applicant must complete the age of minority or 18 years or above.
 The migration must process by a registered migration agent.
 The visa holder will be able to stay in Australia up to 4 years after the approval of the
visa.
 The visa holder can live in Australia with the other family members.
 There must an approval need from the sponsor by the Department of Immigration and
Border Protection.
 The sponsor must be citizen of Australia or have a registered business4.
 457 visa holders must works for the sponsor employee. If they leave the job then the 457
visa holders need to find another sponsor within a specific time otherwise he need to get
to his own country.
 The visa holder should have minimum skill in English.
 The health certificate and character certificate are also requiring for the applicant of 457
visa holder.
 The relevant licenses or registration is mandatory for the applicant for the nominated
position where she is willing to work.
 The visa holder later applies for the permanent residency in Australia where they need to
show or provide sufficient reason to get the permanent residency in Australia.
3 "Home." Migration.Sa.Gov.Au, 2017, http://www.migration.sa.gov.au/.
4 "Skilled Migrants." Migration.Sa.Gov.Au, 2017, http://www.migration.sa.gov.au/skilled-migrants.

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 The medical practitioner and general manager have rights to work for the both associated
entity of the sponsors and nominated occupation.
Therefore for being a sponsor for Ai, Dan needs to fulfill several requirements to being a
sponsor. The sponsor must have approval for the nominated position.5 The sponsor needs to
provide various details to the Department of Immigration and Border Protection6. The sponsors
are forming the bond of AUD500 as because Ai is 28 years and Dan will sponsor for her visa.
The terms are:
 The sponsor must have registered and lawful operating business in Australia.
 He must have the skills to provide training to the employees or workers.
 The 457 visa holder must have the nominated occupation.
 The sponsors must need to demonstrate the importance to enjoy the employment
under the 457 Visa.
 The sponsor must co-operate with the inspectors who are appointed to investigate
under the Migration Act.
 It is also needs to provide a written employment contact with the visa holders.
 The employer or the worker should be paid the wages according to the market rates
of Australia.
 The sponsors also provide every information to the Department of Immigration and
Border Protection regarding the 457 visa holders.
Therefore, according to the migration act Visa processing if the visa holder wants to
leave the nominated job then it is the duty of the sponsor that they will inform to the Department
5 "Skilled Migrants." Migration.Sa.Gov.Au, 2017, http://www.migration.sa.gov.au/skilled-migrants.
6 "Home." Migration.Sa.Gov.Au, 2017, http://www.migration.sa.gov.au/.

4MIGRATION LAW
of Immigration and Border Protection regarding the issues and if the visa holder failed to get
sponsor then the visa will be cancelled. Ai is eligible for the skilled migration by the sponsorship
of Dan who is her uncle and according to her occupation she is entitled to get the nomination
under the South Australian Government as the Hospital Pharmacy which is accessible in South
Australia (Adelaide).
If Ai is applied for the skilled migration in South Australia with Dan sponsorship then
she must have skilled work experience of one year. She needs to apply for the skilled visa of 489
provisional visas according to the Migration Act 1958. She is required to follow some regulation
which includes:
 The applicant must register the arrival through online processing with immigration SA.
 Need to provide every contact details to the immigration SA.
 Must be nominated by a state or territory government agency or be sponsored by an
eligible relative.
 Must have a relevant occupation.
 Must have a suitable skills assessment for the occupation.
 Should meet the points test pass mark of 60 points.
 Should be under 45 years of age at time of invitation.
 Must have Competent English.
If Ai wants to extend the visa process of sub class 489 visas and want permanent visa or
reapply for the visa then she should apply under the Skilled Regional visa (subclass 887).
According to the visa regulation other family members can also stayed with the Skilled Regional

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visa (subclass 887) visa holders. The visa holder must complete the period of 2 years as slaying
in Australia under the skilled visa of 4897.
Therefore, you are sponsor of Ai must complete all the visa process regarding the
Australian skilled occupations list. If you help us in submitting all the documentation within the
certain time then it will be more helpful rather than other things.
Thank you so much for all the co-operation with us.
Your sincerely
7 "Skilled Migrants." Migration.Sa.Gov.Au, 2017, http://www.migration.sa.gov.au/skilled-migrants.

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Bibliography
"1220.0 - ANZSCO - Australian And New Zealand Standard Classification Of Occupations,
First Edition, Revision 1." Abs.Gov.Au, 2017,
http://www.abs.gov.au/ausstats/abs@.nsf/Product+Lookup/1220.0~First+Edition,
+Revision+1~Chapter~UNIT+GROUP+2515+Pharmacists
"Home." Migration.Sa.Gov.Au, 2017, http://www.migration.sa.gov.au/.
"Skilled Migrants." Migration.Sa.Gov.Au, 2017, http://www.migration.sa.gov.au/skilled-
migrants.
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.
Campbell, Iain, and Joo-Cheong Tham. "Labour market deregulation and temporary migrant
labour schemes: An analysis of the 457 visa program." (2014).