1.Prepare a letter of advice for Charlie outlining the sponsorship, nomination and visa requirements for a Class GK (subclass 482) visa and what evidence you would require to support the application.
2.What are your obligations under the Code of Conduct prior to being appointed by Totally New Pty Ltd. as its registered migration agent?
3.Prepare a letter to Charlie responding to his query including your obligations under the Code of Conduct.
1.To
Charlie Hickering
Australia
Sub: Requirements for Temporary Skill Shortage visa
Sir,
In your letter, you are seeking advice for the sponsorship, nomination and visa requirements for the sub-class 482 visa category. There are certain specific requirements for the allocation of the visa that has been mentioned under the Migration Act 1958 that I am going to mention and hope that these will help you in your subsequent events.
The main purpose of the temporary skill shortage visa is to enable the employers to appoint skilled employees who are not Australian in nature. the employers of Australia can make an application before the particular authority for their problems for labor shortage and they can make an application to appoint skilled employees outside from Australia. In this case, they have to show all the necessary documents to get the acceptation. In this way, the issue regarding the labor shortage could be resolved. There are certain positive aspects of this system. The economic condition of Australia can be grown by this system and with the help of the foreign employees who are specialized in that subject. In this process, a sponsorship is required, the foreign employees are working under their supervision, and the sponsor should be Australian by nationality. The nature of the visa under sub-class 482 is temporary and there are certain streams under this system such as short term, medium term and labor agreement stream. At the time of the application, the sponsor is required to mention the stream and the staying of the employee is depending on the validity of the stream. However, the maximum period of staying under this visa application is four years[1]. Certain quality requirements are there that should be maintained in these cases, which has been mentioned as follows:
There are certain nomination processes regarding the application of the visa. An official nomination application is to be submitted by the employer and in case of improper placement of the visa, the sponsor should have to make request for approval of the nomination. Further, it is to be kept in mind that the nature of the nomination application should be legal. According to the Migration act 1958, an applicant should have to follow three steps for getting the visa under sub-class 482:
After the nomination application, the employee should have to make a claim for the visa. The employee who is not an Australian citizen and who is selected for the special job in Asustralia should make the application of visa. In case an overseas employer applies for a job in Australia, he will be treated as an Australian worker once getting into the territorial jurisdiction of Australia. However, the employee should have to enter into a labor agreement with the Government of Australia.
In your case, you have started a boutique shop in Sydney and there is no skilled fashion designer in your shop. Fashion designers hold an important place in boutique shop. Therefore, it can be observed that you are in a condition where a skilled fashion designer is required for the betterment for your job. It has been confirmed from your statements that you met Sarah during your New York trip and her works pleased you. You wanted to appoint Sarah as a fashion designer at your shop but being a foreign citizen, she needs to make an application under sub-class 482 of the Migration Act 1958. However, in this case, you are required to make application for the nomination and apply for the sponsorship. However, you are required to gain all the valid qualification for the sponsors and make an application for the sponsor of Sarah. In that case, Sarah has to mention in her visa application that you are her sponsor. You are suggested to keep in mind that Sarah has to be nominated and she should fulfill all the requirements for a skill fashion designer. In this case, you have to show that you have a shortage of skilled fashion designer in his shop and Sarah has all the qualities to being an employee at his shop. You can make the application for sponsorship only after fulfilling these requirements.
Therefore, you are requested to fulfill all the requirements and make the applications categorically.
Regards
2.Under the Migration Agent Regulation Act, certain code of conducts is specified for the agents who wanted to be appointed as registered migration agents. The first thing is to get one’s name registered under the Act. According to the rules of the Department of Immigration and Border Protection (DIBP), every migration agents are required to follow the rules of the standard code of conduct. In Australia, the migration agents are playing an important role and therefore, they are required to maintain all the rules specified for them. Further, they should not do anything that goes against the rules of the Migration Act 1958. All the migration agents are required to reflect good and reasonable behavior with all the clients and they should treat all the clients legally and should assist them with all the resourceful suggestions. In addition to this, all the clients who are seeking advice from the migration agents regarding the migration related matters are to be treated reasonably and the agents are required to give all the necessary assistance to them. The migration agents should give highest priority to the clients and they should regulate all their works as per the requirements of the Migration act 1958[2]. According to the Migration Act, the agents are required to act for the best interest of the clients and they have certain duties of care for them. the provision that regulates the acts of the agents is section 314 of the Act. All the duties and cares applicable to the migration agents have mentioned in Regulation 8 schedule 4 of the Migration Agents Regulation 1998. Further, an authority should have to be appointed to regulate the acts of the migration agents and they will be held liable to inspect whether all the acts of the agents are following the rules of the standard duties of care. According to section 287 of the Act, the migration agents are required to be registered under the migration rules. If in case, the migration agents have failed to work in accordance with the rules of the standard code of conduct, they have to face administrative penalties for the same and their license could be terminated. In case, a migration agent should not make any deceptive statements that go against the interest of the clients and they are required to make all the possible steps to get the customers rid of their problems. According to the standard duty of care, the migration agents are required to act honestly and should gain the trust of the clients.
The primary aim of the agent should be acted in good faith and they are under an obligation to maintain all the possible rules of the Code of Conduct. The primary intention of the migration rule is to secure the interest of the Australian citizens and others regarding the immigration matters. The terms and condition of the migration code of conduct is to demonstrate the behavior of the migration agents and their qualification that helps them to give appropriate advice to the clients and give them proper relief. There is a term named “This is Australia” (TIA) that assures the application of the Migration Law and according to this, the main intention of the Migration Act is to provide ultimate solution to the clients. Further, the agents are required to communicate with the clients with an effective manner and they should provide all the legitimate advice to secure the interest of the clients. The agents are restricted to make any fraudulent, inaccurate and misleading statements to the clients[3]. Further, the agents will keep privacy regarding the statements made to them by the clients and they are not required to make any illegal and irrelevant statements to the clients. Therefore, according to the statements made above, the obligations of an agent under the Code can be classified as under:
Further, every agent should pass the character test so that it may understand their delegation and responsibilities regarding the migration agent. It is an obvious fact that the matters relating to the migration are very complex in nature and therefore, the agents are required to possess all the possible qualities to make proper sense and assist the clients and frame proper guidelines to secure the interest of the clients. It is mandatory for an agent to follow all the requirements of the Migration Act 1958 and Code of Conduct. In case of any breach made by the agents to the rules stated therein, they have to face legal proceeding against them and their license could be cancelled.
Considering all these things, it can be stated that to become an agent for the Totally New Pty Ltd. the agent should have to work for the best interest of the clients and act in fairness. It is to be kept in mind that he is working for the best interest of the clients and the agent is required to maintain the high level of professionalism. The agent is required to follow all the relevant rules of the Migration Act and Standard Code of Conduct. Further, the agent should conduct all the duties by following ethical concepts.
3.To
Charlie Hickering
Australia
Sub: Obligations under Code of Conduct
Sir
I am very much applauded that you have accepted all my suggestions and you want me to guide for further problems. It is good from hear you that you want help from me to make the sponsorship and nomination program as soon as possible. However, there are certain obligations mentioned under the Code of Conduct that I have to follow and I could not make any breach regarding the same.
According to the Migration Agent Regulation, it is the duty of every migration agent to act for the benefit of the clients and the agents should act in honesty. The term honesty denotes the fact that the agents are maintaining all the rules of the standard duty of care and have not made any breach as against any of the provisions. The agents are required to make all the relevant information to the client so that the clients can trust on the agents[4]. It is not possible that the visa applicant, being a common citizen, know all the legal facts relating to the immigration. Therefore, it is the duty of the agents to guide them by mentioning all the important facts regarding the same and make them aware of all the possible advices. In this way, the agents will resolve all the queries of the applicants and the clients.
According to the facts of the present case, Sarah is an American citizen and Charlie, being an Australian citizen wants to hire her for his shop in the post of the fashion designer. There is no talented fashion designer in his boutique shop and for the promotion of his business; a skilled fashion designer is required. Charlie can hire Sarah under sub-class 482 visa option and Sarah has to make the visa application under the sponsorship of Charlie. However, you must have any legal procedural knowledge regarding the visa application and it is my job to guide you regarding the same. According to the provision of the Migration Act, Sarah should have to pass the character test and should have to apply according to the rules mentioned for the same under the Migration Aft 1958. Further, proper processes are to be maintained by the Charlie so that he may proceed with legal steps and apply for the nomination regarding the matter. The agents will guide them to make a legal application. The migration authority will analyze the nature and character of the agents and legality of their application will also be examined and in case of any breach made by the agent regarding the provision of law, penalty provisions will be imposed on them.
Considering all the rules, it is my duty to guide you legally and reveal all the reasonable facts to him. according to the Migration Law, minimum nine months is required to settle the matter mentioned under sub-class 482. I should not make any false information to you and as a migration agent, it is my duty to make all the legal submission to you. From your letter, I have come to know that you are in hurry and you need to complete all the visa related matters in a rapid manner. However, I could not go against the rules stated in the Migration Rules. However, there are certain exception provisions under which certain applications can be made. It is clear from your statements that you will be departed to New York within two weeks and therefore, you have no enough time for the same. You have all the valid reasons and you can make an application before the Department of Home Affairs to make the process in an early manner and consider you to initiate the process urgently. However, being a sponsor, you are required to show all the relevant documents to show that you are in dire need of a skilled fashion designer and Sarah has all the capabilities to fulfill your desires. If your urgency ground satisfies the department, you can get all the matters resolve within one to two weeks and the visa application process could be fast. I will guide you to make the application in legal way and this process could give you a fruitful solution.
Therefore, you are required to make an application on urgent basis and hope all your doubts are cleared. In case of any further queries, you can ask me freely. I will try my best to give you factual suggestions so that your application can be lodged in effective manner.
Regards
References:
Australia General Skilled Visa – Work In Australia (2018) Anzscosearch.com https://www.anzscosearch.com/
Home – Office Of The Migration Agents Registration Authority (2018) Mara.gov.au https://www.mara.gov.au/
Migration Act, 1958
Migration Agents Registration Authority Code Of Conduct (2018) Grangeraustralia.com.au <https://www.grangeraustralia.com.au/code-of-conduct.html>.
Migration Regulation 1994
Robertson, Shanthi. “Time and temporary migration: The case of temporary graduate workers and working holiday makers in Australia.” Journal of Ethnic and Migration Studies40.12 (2014): 1915-1933.
Temporary Skill Shortage Visa (Subclass 482) (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa-1/482->.
Temporary Skill Shortage Visa (Subclass 482) (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa-1/482->.
Home – Office Of The Migration Agents Registration Authority (2018) Mara.gov.au https://www.mara.gov.au/
Australia General Skilled Visa – Work In Australia (2018) Anzscosearch.com https://www.anzscosearch.com/Robertson, Shanthi.
“Time and temporary migration: The case of temporary graduate workers and working holiday makers in Australia.” Journal of Ethnic and Migration Studies40.12 (2014): 1915-1933.
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