Describe about the Migration Act of Australia for Immigration System.
A. There are lots of regulations for immigration system of Australia. For the employer who is interested to work in Australia, there are some requirements. If those requirements are fulfilled, then visa for Australia is available.
As per case study Wang is a chef in Hong Kong hotel and he has high interest to go Australia for his work but problem arises because Wang’s English is good and to get an Australian visa for employment purpose a person has to fulfil the conditions of Subclass 457 visa of Migration act where it is clearly stated that a person should be proficient in English language and he should qualify the English tests as per subclass 457of Migration Act 1958, (Revised 2013). Any overseas employers or Australian employer can sponsor a worker under subclass 457 visa for four years[1]. If a person gets subclass 457 visa then the person can travel Australia for several times[2]. There are several English languages testing for subclass 457 visa which have to be qualified for getting visa are mentioned below:
IELTS (International English Language Testing System): The overall score of this test is 5 and in each band its minimum score can be 4.5.
OET (Occupational English Test): For allied medical health professionals, it is required that they should be A “B pass” and four components of OET should be present there[3].
TOEFL IBT: There should be score 12 in writing and speaking and 3 in reading and listening, total score should be 36.
PTE (Person test of English (Academic): In each band there should be 30 and average score should be 36.
CAE (Cambridge English: Advanced): In each band minimum score should be 147 and average score of the band should be 157.
All these visa tests are valid up to 3 years and as per context Wang has to qualify these tests to get the visa for Australia. A table is mentioned below:
There are some English language test’s exemptions by which the applicants:
If the passport of UK, USA, Ireland, Newzealand or Canada, is with the applicant, or
5 years of education of tertiary and secondary examination of the applicant should be from English medium.
For English Language Skills Exemption Threshold (ELSET) the applicant has to pay $ 96,400.
David has to understand these exemptions.
B. Jimmy Tran is the owner of restaurant in Melbourne and he was sponsoring David Wang for subsection 457 Visa for premises and Wang paid $30,000 for premises in Australia.
According subsection 457 of work Visa of Migration Act 1958 (Amended 2013), if a person visits overseas then he has to be sponsored by am eligible employer of Australia. As per context Tran was an owner of the restaurant in Melbourne which is in Australia. So he is eligible to sponsor David Wang but as he has charged $30,000 from Wang, so he has breached the rules Migration acts.
If the sponsor (Tran) has breach the subsection 457 of Migration act, then he has to give civil penalties to the Australian court and obligations in his sponsorship will occur. As per Sponsor obligation, Jim Tran is not allowed to ask money from Wang As per subsection 457 for breaching Sponsorship obligations, the infringement notice of civil penalty that is, maximum $6,600 and $33000 will be asked from the sponsor (Tran) to the Australian court. According to Schedule 3 of subclass 457 if the employee (Wang) breaches the rules and try to take any illegal action then he will be penalized under Migration act of Australia. The most essential thing is fulfilment of rules of Subsection 457 of Migration act which Wang has to follow with some procedure to qualify the English Test Skills for getting the visa for Australia[4]. As the procedures suggested by Jim Tran is illegal, so by this procedure he will never get the visa for Australia.
C. As David was not proficient for English, so with the help of sponsorship also, he was unable to get the visa. For that reason his wife, Ada took decision to apply for skilled visa for her husband. As she was a paediatric nurse, so her English skills may be more than David. For applying skilled visa there are some requirements which have to be fulfilled by her to get the visa. They are:
The age of the applicant should be less than 50 and Ada was 33 years old.
To work in Australia Ada should have sufficient knowledge of English and to qualify the English test.
The qualification of Ada should fulfil the requirement of skilled occupation test.
Ada has to get assessed by Australian Assessing Authority for nominated occupation which is a part of skill assessment.
Sponsorship is also needed to be applied by Ada for getting the visa.
As an applicant Ada has to be reasonable good health person because medical examination will occur before she migrate Australia.
Even she has to be good character without any criminal record.
As she is a medical health professional, so as per subsection 457, she has to qualify the English language test, especially OET (Occupational English Test) because she is a health professional (paediatric nurse). According to OET, the health professionals are A “B pass” and four components of OET.
In the Point test of English Ada has to score 6.0 points.
If the basic requirements and the point test are not qualified by Ada then she will not get the skilled migration application.
D. Every occupation in Australia has a code, that is Australian and New Zealand Standard Classification of occupations (ANZSCO) code. The ANZCO Code of a registered paediatric nurse is 2544-25 in Australia. If Ada is a registered nurse and her ANZCO code is 2544-25 then, she will get good opportunities for qualifying skilled visa from Visa Bureau migration[5].
For migration purpose, there are certain skill assessments which are responsible for assessing authorities for visa application. For specific occupation, skill assessment is needed to be obtained. Timeframe, assessment procedures and charges are needed to be accessed by that person who has got the authority[6].
Ada can apply for visa to Australian immigration Department and to show the assessing authority she has to be registered under Nursing and Midwifery Board of Australia (NMBA). The assessing authority of a Paediatric nurse is ANMAC (Australian Nursing and Midwifery Accreditation Council). For training a nurse steps of ANMAC is essential. The Australian community’s health and safety is protected by ANMAC by giving proper assessment, training and education to the nurses, so that they can treat their patients properly[7]. Accreditation standards and study of the programs for nurses are provided by ANMAC who is their assessing authority[8]. For Skilled Migration Service, it is the responsibility of ANMAC to help nurses like Ada to migrate to Australia following the rules of General Migration Program.
E. As per context, in all the 4 components Ada has obtained 6.0 which is the criteria of Competent English as per IELTS but she has to obtain score of 8 for Superior English Language Testing System in four test components whose point will be 20 and in Proficient English, the score which she has to obtain is 7 or more with 10 points. The chart has been described below:
Ada has to score total 60 points in English Language Testing System (IELTS), 15 in. Ada will not pass the IELTS, if she does not score these points as she has only qualified the competent English test and scored 6.0.
The score will affect the application of subclass 457 visa of Ada because she has not qualified the terms of visa and as per Migration act, of section 186 of ENS and section 187 of RSMS, if the exemptions were given, then visa eligibility would have been permitted to her. If minimum score 5 should have been obtained in the English Language Testing System (IELTS), then in exemption case she would have been allowed for getting the visa for Australia under subsection 457 of Migration act[9]. For more 3 years, she can seat for the English Language Testing System (IELTS) from which authority can be granted to her for getting visa under section 457 of migration law. As per context, Ada has to appear for the English Language Testing System (IELTS), in specific time and if she qualifies the proficiency test and her eligibility criteria is matched then she will get subsection 457 visa under migration act 2013[10].
F. In Migration act there are several rules and regulations under which the subclasses which are mentioned below through which Ada can apply for her visa for her family. Her husband wants to work in Australia and this are the subsections which are followed in visa act. If Ada gets the permanent residency then only she can get the citizenship and she can sponsor her husband and son for visa application in Australia under migration act of 2013. Several amendments and sections with subclasses are mentioned with various applications through which the progress and the application of visa can be followed under Migration Act. All rules and regulations of migration act are needed to be fulfilled for application of visa[11].
As per Migration act of Australia if Ada get the visa and citizenship of Australia, then after 2 years she can apply for Partner provisional visa for her husband and she can sponsor her husband David to migrate in Australia[12]. The charge which she requires to pay Australian government currently in 2015 for his offshore partner is $ 4,630 for getting visa for her husband David. Under subclass 100 of Partner visa for the first stage towards permanent residency, Ada can apply visa for her husband and for provisional visa, under subclass 309, she can apply provisional visa arrangement for her husband David.
Ada’s son is 10 years old while his visa charge have to be applied while giving application for visa. As her child is dependant and she is the sponsor of the visa of her child then, as per sub class 445 of migration act, she has to pay $ 595 in AUD[13].
Leese, Peter, Carly McLaughlin and Władysław Witalisz, Migration, Narration, Identity (Peter Lang, 2012)
Migration Act 2013 (Australian Govt. Pub. Service, 3rd ed, 2013)
Vrachnas, John, Migration And Refugee Law (Cambridge University Press, 2012)
ANZSCO 254425: Registered Nurse (Paediatrics) – Australia Skilled Visa – Work In Australia (2016) Anzscosearch <https://www.anzscosearch.com/254425>
ANZSCO Occupations | Acacia | Immigration Australia (2016) Acacia-au.com <https://www.acacia-au.com/anzsco.php>
Australia Visa Information – Visa Fees At Glance (2016) Vfsglobal.com <https://www.vfsglobal.com/australia/singapore/visa_fees_at_glance.html>
Dependent Child Visa (Subclass 445) (2016) Border.gov.au <https://www.border.gov.au/Trav/Visa-1/445->
Family Migration To Australia: Australian Visa Bureau (2016) Visabureau.com <https://www.visabureau.com/australia/spouse-visa.aspx>
Migration Amendment Act 2013 (2016) Legislation.gov.au <https://www.legislation.gov.au/Details/C2013A00122>
Partner (Provisional) Visa (Subclass 309) And Partner (Migrant) Visa (Subclass 100) (2016) Border.gov.au <https://www.border.gov.au/Trav/Visa-1/309-#sub-heading-2>
457 English Requirement | Acacia | Immigration Australia (2016) Acacia-au.com <https://www.acacia-au.com/457-english-requirement.php>
457 Work Visa | Australian Skilled Immigration (2016) Workpermit.com <https://www.workpermit.com/australia/457-work-visa.htm>
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