Migration Law: Letter of Advice to Dan Hong on Australian Visa System

This assignment is a letter of advice concerning the Australian visa system, specifically addressing the scenario of sponsoring a niece, a hospital pharmacist, to Australia. The letter provides detailed information on various visa options, including the Temporary Work (Skilled) (Subclass 457) visa and the Skilled Regional (Provisional) visa (Subclass 489). It outlines the eligibility criteria for each visa, such as age, sponsorship requirements, and the need for a skills assessment by APharmC. The letter also discusses the possibility of nomination by the South Australian government and the points test requirements. Furthermore, it explains the conditions associated with the Subclass 489 visa and the pathway to permanent residency through the Skilled Regional (Residence) Visa (Subclass 887). The letter emphasizes the importance of meeting specific requirements related to English language proficiency, skilled work experience, and family connections. The assignment includes a reference list of relevant sources and provides a comprehensive overview of the migration process for the specified case.

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

1MIGRATION LAW
Letter of Advice
To
Dan Hong
Adelaide
From
_____________
Re: Australian Visa System
Dear Sir,
I would like to endow you with some important information about the migration process that
would be helpful in satisfying your query about sponsoring your niece to Australia. The
following essential points would provide you with all the information that you need to know for
addressing your relevant issues.
Firstly, Ai being a Hospital Pharmacist the ANZSCODE of her occupation is 251511 and
according to the Short-term Skilled Occupation List, APharmC is the assessing body for this
occupation1.
Secondly, Ai may apply for Temporary Work (Skilled) (Subclass 457) visa where she can apply
for temporary employment. This visa allows the visa applicant residing outside Australia to work
1 Boucher, Anna Katherine, and Terry Carney. "Social security for migrant workers and their families in Australia."
(2013).

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in Australia temporarily through a sponsor who should be a citizen of Australia2. The applicant
may apply through the Department of Immigration and Border Protection. The visa has the
following eligibility requirements:
 the applicant must be above 18 years of age;
 the visa would allow the applicant to work only if the employee is sponsored;
 the sponsor needs to approval from the Department of Immigration and Border Protection
to nominate the applicant;
 the applicant can reside in Australia for 4 years;
 The sponsor must be a legal citizen of Australia for a significant period.
The applicant would be able to apply for permanent residency under the Temporary Work
(skilled) (subclass 457) visa if permitted to reside in Australia3. The sponsor of the applicant
shall complete the documentation process on behalf of the visa applicant4. The sponsor must
inform the Department of Immigration and Border Protection in case any issues arises relating to
the processing of the visa.
Thirdly, if Ai does not qualify for skilled migration under the sponsorship, she may obtain
nomination from the South Australian Government as her occupation Hospital Pharmacy is
acceptable in South Australia (Adelaide). As per the eligibility criteria, Ai must have an
immediate family member who is a permanent resident of Australia.
2 Jacobs, Keith. Experience and representation: Contemporary perspectives on migration in Australia. Routledge,
2016.
3 Blanpain, Roger. Social Security and Migrant Workers. Wolters Kluwer Law & Business, 2013.
4 Ferguson, Stephen, Carol Giuseppi, and Tourism Accommodation Australia. "Submission to the Department of
Immigration & Border Protection." (2017).

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The visa applicant must possess skilled work experience for one year in the past 3 years. If Ai is
unable to seek skilled migration under your sponsorship, she may apply for the Skilled Regional
(Provisional) visa (subclass 489) which would permit her to work and reside in a specified
regional area of Australia for four years5. This visa shall enable the visa applicant to study as
well as work in Australia in an authorized regional area of the country and would allow her to
apply for permanent residence under the Subclass 887 Visa. However, to apply for the subclass
489 visa, the South Australian government must nominate Ai and she must lodge an express of
interest6.
Fourthly, the visa applicant must score 60 in the point tests that is required to apply for a
nominated subclass 489 Visa. However, the tests result of AI, reveals that she met the criteria
required to be competent in English but she did not meet the other criteria which requires the
applicant to have a 2 years full-time study in Australia in an Australian institution that is
relevant to the occupation of the applicant. Further, the visa applicant is required to posses
overseas experience in the last 10 years whereas Ai does not possess any experience in the
overseas in the last 10 years. However, every skills assessing authority has diverse individual
criteria to decide the eligibility of the visa applicant.
Since the assessing authority for hospital pharmacy is the APharmC and Ai seeks to obtain a
nomination from the South Australian government, she must meet the specific requirements with
respect to ability in English language specialized skills or work experience. Ai must score pass
mark in the skill assessment tests and must possess at least 1 year skilled work experience in the
5 Wright, Chris F., et al. "Economic migration and Australia in the 21st century." (2016).
6 Hugo, Graeme. "Immigrant settlement in regional Australia: patterns and processes." Rural change in Australia:
population, economy, environment(2014): 57-82.

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last 3 years. she must obtain IELTS 7.0 or proficient English and must have a family member
who is a permanent Australian citizen7.
Lastly, if Ai obtains nomination from the South Australian State government for a sub class 489
visa, she would have to meet the terms associated with the visa laid down under the subclass 489
visa. The visa conditions states that either the territory or a state must nominate the applicant or
any eligible relative through the invited pathway must nominate the visa applicant. Further, she
must have a pertinent occupation along with a suitable skill assessment for her occupation8.
Further, the visa applicant must score 60 in the points test and must be below forty-five years of
age at the time of invitation through her relative. The other essential requirement is that Ai the
visa applicant must be competent in English language. The subclass 489 visa shall permit Ai to
live in Australia for 4 years. Furthermore, Ai shall be entitled to apply for permanent residence
once she becomes the holder of the subclass 489 visa provided she meets the eligibility criteria
laid down under the subclass 887 visa. Ai is entitled to apply for the skilled regional (residence)
Visa (subclass 887) if after obtaining the 489 visa she had resided in a specific regional area in
Australia for at least 2 years and have worked full time in her occupation in any designated
regional area in Australia for at least one year after obtaining the 489 visa.
7 Donald, Adam. "Immigration points-based systems compared." BBC News(2015).
8 Testimonials, View More. "Fundamental change in the visa issuing process." Saber (2017).

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Reference List
Blanpain, Roger. Social Security and Migrant Workers. Wolters Kluwer Law & Business, 2013.
Boucher, Anna Katherine, and Terry Carney. "Social security for migrant workers and their
families in Australia." (2013).
Donald, Adam. "Immigration points-based systems compared." BBC News(2015).
Ferguson, Stephen, Carol Giuseppi, and Tourism Accommodation Australia. "Submission to the
Department of Immigration & Border Protection." (2017).
Hugo, Graeme. "Immigrant settlement in regional Australia: patterns and processes." Rural
change in Australia: population, economy, environment(2014): 57-82.
Jacobs, Keith. Experience and representation: Contemporary perspectives on migration in
Australia. Routledge, 2016.
Testimonials, View More. "Fundamental change in the visa issuing process." Saber (2017).
Wright, Chris F., et al. "Economic migration and Australia in the 21st century." (2016).