Application Of Visa For Subclass 155 Visa

Is it possible to obtain a subclass 155 visa and on what basis?

Describe about the Application of Visa for Subclass 155 Visa.

Yes, there lies a possibility of obtaining a visa of subclass 155. This involves the need for provision of documents in supporting the key application for the visa. A decision will be made by the use of information for providing when the application must be lodged (Spinks 2010). This is within the interest of providing maximum information with the application. There must be provision of certified copies to present the original documents while not including original documents until or unless it is a specific requirement. The certification from police has to be consisting of original document. The documents that are not provided in English have to be in accompany of accredited translations in English (Larsen 2013). These documents will determine if the visa has to be issued or not.

(b) What arguments would you present in support of the application for the subclass 155 visa?

If an individual holds a visa of permanent residency in Australia, there is permission of staying in Australia in an indefinite manner. However, there is only validity of the visa as a source of entering the country for the initial five years since the date at which the visa was granted (Nasu 2008). In the typical sense, the applicant hold the requirement of spending a minimum of two years in the past five years for gaining eligibility of the visa in Australia. As an additional option, there can be suitable demonstration by the applicant with substantial ties within Australia, there has to be a specific eligibility. However, apart from additional categories of visa, there is less stringency in the requirement and there is eligibility for the visa if not meeting the basic requirements of eligibility. In the application for this visa, the key recommendation is in beginning the application at the minimum of three months prior to the key intension of travelling (Spinks 2010). There is typical processing of the applications much quicker, but the key recommendation is to allow sufficient time for accounting any unforeseen issues to process the specific application .

(c) What is the likely visa – travel facility that the applicant would be granted in the event that the applicant was successful?

The likely travelling facility from the visa is travelling overseas and returning to Australia under the title of a permanent resident. This visa is required if the period of travelling on the present permanent visa ends up expiring or is at the verge of expiring (Maley 2009). While there is validity in the facility of travelling, there can be consideration for leaving and entering Australia maximum number of times as desired.

What arguments would you present in support of the application for the subclass 155 visa?

Linda has the option of applying for a visa under the subclasses 801 and 820 that is for the partner visa. Under this visa, the de facto partner or spouse of a permanent resident of Australia is allowed for living in Australia. This has to be applied from Australia itself. There is validity of the partner visa under subclass 820 in the following cases:

• If the decision is made regarding the partner visa under the category of 801 subclass
• There is grant of another category of visa
• There is cancellation of the provision visa under partner sponsorship
• The application is withdrawn for the visa of category 801 subclass

Can Linda still progress to permanent residence now that her Australian citizen husband is deceased? If so, what visa would she be eligible for?

There are problems in association with all of the visas, like the time taken in granting visa, the limited available number of visas every year in accordance with the lodging of application. There is a need for providing a specific nature of evidence for the qualification of specific visas. For the purpose of sponsoring the visit of an eligible relative, there are various obligations to be complied with by the sponsor (Larsen 2013). There can be application for any permanent visa within Australia under different categories such as subclass 887, 475, 487, and 495.

Can Linda get another visa to return to Australia now that the travel facility on her permanent visa has expired?

Necessary assessment will be made the Medical Officer regarding if there has been meeting of health requirement. This is further relayed to the officers of Migration Regulation who take the decision for granting the visa. If there is a discovery of any health issue, officer may be waiving the requirements of health if the decision is made that no additional risks of health are there to the wider community of Australia (Nasu 2008). However, there cannot be exercising of waiver if there is consideration of any health risk by the Medical Officer. Considering the character test, it is primarily set on the basis of a test within the public interest. Every applicant having criminal records, are identified as a threat to the security of nation, or hold the potential of engaging in the conduct of crime in Australia, while failing to apply for permanent residency. Broad discretionary powers are provided to Migration Regulations for making judgment regarding the character of each and every applicant and if or not there must be granting of visa.

The ANZSCO code focuses on monitoring and estimating the costs of construction from the stage of project feasibility, by the preparation of tender, to the period of construction and beyond. ANZSCO stands for Australian and New Zealand Standard Classification of Occupations. The code states the following tasks to be performed by the quantity surveyor (Maley 2009):

What is the likely visa – travel facility that the applicant would be granted in the event that the applicant was successful?

Determine the quality standards, methods and materials of construction and draft and interpret procedures and methods of construction, plans, drawings and specifications.

Organize and direct the delivery of construction related items and site labour, and establish well- detailed programs in coordinating the activities on site.

Study engineering and architectural specifications and drawings for the purpose of estimating total costs and prepare detailed plans of cost and established for assisting in control of budget.

b) Can Murat apply for a 457 visa as a quantity surveyor? Does Field Mine have to do labour market testing before they can nominate George for the 457 visa?

The visa options in Australia for Murat as a quantity surveyor falls under the categories of subclasses 189 visa, 190 visa, 489 visa, 186 visa, 187 visa and 457 visa. For the subclass visa of 457, this is applicable for skilful temporary international workers with the involvement of three steps when an individual is working in Australia from overseas (Spinks 2010). The first step is to lodge an application of employer sponsorship in which the employer should be approving in the form of a sponsor. The second stage is to lodge a nomination of business for describing the fulfilment of position. In addition, the third stage is to lodge an application of visa. Labour market testing has to be done before they can nominate George for the 457 visa (Larsen 2013). The testing of labour market depicts that employers should seek the accessibility of programs in subclass 457 visa for testing the local market of labour for ensuring the suitably experienced and qualified permanent resident. There has to be ready availability for filling the position.

c) Does Murat need to do an English test? If so, what level of English proficiency must he achieve? Does he need to have his skills assessed? If so, by which assessing authority?

The applicants of 457 visa should be undergoing the test of English language until or unless there is application of certain exemptions. Some exemptions are as follows (Nasu 2008):

The applicant should be holding a passport either from New Zealand, Canada, USA, Ireland or UK

The applicant should be completing education of 5 years at the tertiary or secondary level in the language of English

There must be payment by the applicant for the Threshold of English Language Skills Exemption, currently which holds the value of 96,400 dollars.

Since 18^th April, 2015, an average score of band for majority of the tests is a key requirement along with the minimum score of band in all of the components. Previously, there was a requirement of a higher minimum score in all of the bands. The key requirement of scores for all of the tests of English are below (Maley 2009):

What is Linda’s prospects of success of applying for a visa whilst in Australia?

The International System of English Language Testing (IELTS): The entire average score is five with at least a score of 4.5 in all of the bands.

Occupation English Test (OET): This can be considered as a test for allied health and medical professionals.

TOEFL iBT: The total score of band is 36 with a minimum of 3 in Reading and Listening and a minimum of 12 points in writing and speaking.

PTE Pearson Test of English (Academic): Average score of band should be 36 with at least 30 points in all of the bands.

d) The award rate for quantity surveyors in VIC is $68,500, and Filed Mine has offered to pay Murat an annual salary of $69,000. Does this meet the salary requirement for a 457 visa?

The visa options in Australia for Murat as a quantity surveyor falls under the categories of subclasses 189 visa, 190 visa, 489 visa, 186 visa, 187 visa and 457 visa (Nasu 2008). For the subclass visa of 457, this is applicable for skilful temporary international workers with the involvement of three steps when an individual is working in Australia from overseas. The first step is to lodge an application of employer sponsorship in which the employer should be approving in the form of a sponsor.

(a) In this situation can Annifrid obtain permanent residence in Australia?

The e-Visitor visa falls under the category of subclass 651. Since recent times, certain changes have taken place in the procedures of visa that there is issue of every visa even visas for permanent residency electronically. Hence, Annifrid does have a chance by applying a visa for permanent residency until or until there is a requirement of some label. For the purpose of this application, Annifrid is required to follow a simple procedure which involves: the arrangement of main documents, choice of adequate visa, selection of occupation under the Skilled Occupation List (SOL), application in system based on points, and requirements of health and character (Spinks 2010).

(b) Discuss a possible option in the family visa categories that Annifrid may be eligible for.

Angetha, the sister of Annifrid, holds the Resident Return visa under the subclasses of 157 and 155. Hence, Angetha is a permanent resident already until or unless it expires, but can be renewed for confirming the permanent residence. Being the permanent resident of Australia, Angetha has the ability of sponsoring the living of her family in Australia, as in this case her sister. Being a sibling, Annifrid can consider opting for visas that include offshore humanitarian visas, carer visas and remaining relative visas. There are problems in association with all of the visas, like the time taken in granting visa, the limited available number of visas every year in accordance with the lodging of application (Larsen 2013). There is a need for providing a specific nature of evidence for the qualification of specific visas. For the purpose of sponsoring the visit of an eligible relative, there are various obligations to be complied with by the sponsor. There can be application for any permanent visa within Australia under different categories such as subclass 887, 475, 487, and 495.

Can Linda still progress to permanent residence now that her Australian citizen husband is deceased? If so, what visa would she be eligible for?

There are certain basic requirements involved for meeting the application of visa. Annifrid must (Maley 2009):

Gain an invitation for applying for the visa

Being at the age of less than 50 years when the invitation is provided for applying

Consider nominating the occupation for matching qualifications and skills and is over the significant list of skilled occupation

Consider the assessment of skills by the significant authority as appropriate for the occupation nominated

Have the limited scope of competent English at least

Be scoring a minimum of 60 points in the test

Be meeting the key requirements of health and character

2. Being the one applying for permanent residency, Annifrid must be undergoing tests on character and health as it is a key requirement within the Migration Act. Under the health test, there will be undergoing of health checks on the main applicant that will include tests of AIDS/ HIV and x-ray, along with any test necessarily deemed by Commonwealth as per the opinion of Medical Officer (Maley 2009). Necessary assessment will be made the Medical Officer regarding if there has been meeting of health requirement. This is further relayed to the officers of Migration Regulation who take the decision for granting the visa. If there is a discovery of any health issue, officer may be waiving the requirements of health if the decision is made that no additional risks of health are there to the wider community of Australia. However, there cannot be exercising of waiver if there is consideration of any health risk by the Medical Officer (Nasu 2008).

Considering the character test, it is primarily set on the basis of a test within the public interest. Every applicant having criminal records, are identified as a threat to the security of nation, or hold the potential of engaging in the conduct of crime in Australia, while failing to apply for permanent residency. Broad discretionary powers are provided to Migration Regulations for making judgment regarding the character of each and every applicant and if or not there must be granting of visa (Spinks 2010). The permanent resident, Angetha, should be acting as the one responsible for sponsoring the application of visa made by Annifidi. This will require her for providing a pledge in written statement for supporting the authority of living in Australia for the initial two year. These include assistance of finance and accommodation for meeting the reasonable needs of lifestyle.

References

Birrell, B. (2006). Implications of low English standards among overseas students at Australian universities. People and place, 14(4), 53.

Jockel, M., 2009, 457 Visa Law: Addressing Australia’s Skilled Labour Shortage, Pyrmont, Thomson Reuters.

Joppe, M. 2012. Migrant workers: Challenges and opportunities in addressing tourism labour shortages. Tourism Management, 33(3), 662-671.

Hugo, G., Khoo, S. E., McDonald, P., & Voigt-Graf, C. (2003). Temporary skilled migration to Australia: the 457 Visa Sub-Class [This paper is part of a larger research project on temporary overseas migration to Australia, funded by a Linkage Project grant from the Australian Research Council, with the Department of Immigration, Multicultural and Indigenous Affairs as the industry partner.]. People and place, 11(4), 27.

Hugo, G. (2008). Immigrant settlement outside of Australia’s capital cities.Population, Space and Place, 14(6), 553-571.

Khoo, S.E., Hugo, G., and McDonald, P., 2008, ‘Which skilled temporary migrants become permanent residents and why?’, International Migration Review, Vol. 42, No.1, pp.193-226.

Lehrer, J. 2008, 457 Visa Review Release, Green Left, 8 December, viewed 19 August 2009, www.greenleft.org.au/2008/777/40100

Larsen, G. 2013. The subclass 457 visa: a quick guide. Parliament of Australia. Accessed November, 11, 2013.

Maley, P., 2009, ‘457 visas `may cost local-born their jobs’’, The Australian, 20th February, viewed 15 March 2009, https://www.theaustralian.news.com.au/story/0,25197,25080733-2702,00.html

Nasu, H., 2008, ‘Reform of subclass 457 visa scheme: proposal of three models’, Alternative Labour Law Journal, Vol.33, No.3, pp.147-150.

Spinks, H. 2010. Australia’s Migration Program. Parliamentary Library.