Immigration And Nation Building: Australian Skilled Visa System

Skilled Visa System in Australia

Discuss about the Immigration and Nation Building.

In Australia, there is a progressive immigration system that mainly aims at reducing the shortage of skilled labor. The country has a Subclass 457 work visa which is a temporary work visa. This visa permits Australian employers to sponsor workers from overseas for a given time ranging from one day to four years. All applicants for the 457 work visa must meet the set requirements for English language. This means that Wang has to undergo English language testing. The English language requirements that Wang must meet were changed on April 18^th 2015 which require Wang to attain an average band score in majority of the tests provided as well as a minimal band score in every component. As per these changes, Wang is expected to score an average of 5 in the four proficiencies of the International English Language Testing System (IELTS) which include writing, reading, listening and speaking. If Wang attains in each category a minimum average score of 4.5 he will be mandated.

Apart from the IELTS test, the Australian immigration department is also accepting the Cambridge English: Advanced test (CAE), the test of English as a Foreign Language internet-based test (TOEFL iBT), the Occupational English Test (OET), and the Pearson Test of English Academic (PTE). The validity of these tests is three years.  Below is a table summarizing the scores for the tests.

During the application process, it is not a must Wang to undergo the English testing process. This will only occur if Wang has completed five years of education at the tertiary or secondary level, or if he holds a passport from USA, Ireland, New Zealand, Canada or UK.

If Wang and Tran agreed to go ahead with this arrangement they will be braking the migration act of 1958. As per this act, it is unacceptable for Tran as the sponsor to make a personal gain over a payment for visa arrangement. If they go ahead with the agreement, Tran will face criminal penalties. Wang and Tran will receive penalties of up to $324,000 or get a two-year term imprisonment.  Moreover, Tran will face civil penalties of up to $216,000. On top of these penalties if Wang and Tran hold a visa, either permanent or temporary, it will be subject to cancellation.

If Ada is to apply for migration to Australia under the skilled visa, she will have to apply through the visa 189. This visa is for people who are among a list of critical occupations, the SOL. The processing time for this visa is 12 months. This visa, is based on a points system for people who are not sponsored by a state an employer, or a family member. The 189 will allow Ada to live and work permanently anywhere and Australia. A person can only request a visa invitation 189. To be invited, Ada must submit an EOI, have a job listed on the Skilled Occupation List (SOL), perform an assessment of competence, have less than 50 years, complete the language criteria, and collect a minimum of 60 to test points.

English Language Requirements for Skilled Workers

Under the new program of Australian skilled, SkillSelect, Ada must submit an Expression of Interest (EOI) before the processing her visa. SkillSelect system functions as an electronic processes running in two stages. Ada must first submit a request for migration “skilled workers” through a declaration of interest online. Following this, candidates will then be invited to submit an application for Australian visa on the foundation of their expression of interest. Moreover, before making the application, Ada must ensure she is under 50 at the time she make the request, must have worked at least 12 of the last 24 months before she applies. She also must ensure that she has a good level of English (IELTS being the reference), and pass an exam to show her level of professional competence. Lastly, she must ensure that she has worked in one of the positions listed by the Australian Government, and must have at least 60 points in developed migration test.

Before undergoing the process of application, Ada must ensure that she has travel documents, birth registration documents, relationship and marriage documents, genuine relationship evidence, details of dependent family members, and evidence of parental responsibility. In the travel documents, Ada must include photos of current travel documents or passport(s). Ada has to have birth registration documents for her and other family members. The documents must show names of both parents. If Ada’s son is adopted, she should also ensure that she has the adoption papers ready. Ada is married to Wang. Therefore, Ada has to ensure that she has their marriage certificate. If she or her husband has ever been divorced or windowed, she should provide the divorce decree absolute or the death certificate. 

Once Ada is prompted to make visa application, she has 60 days to complete online. Ada may as well be in Australia or outside at the time of application. Invitations are based on the facts presented at the EOI. At the request of the visa, Ada’s information will be matched with those of her EOI and be supported by evidence. The 189 visa is now chosen by many skilled workers around the world who live in their country but wish to immigrate to Australia. Although the approaches and the wait are relatively long, they are much less that a few years ago.

The code for Ada’s occupation of pediatric nurse is ANZSCO 254425. The code includes any program that prepares registered nurses to provide care to children from birth through adolescence. These programs include courses in: administration of medications and treatments, help to physicians, examination and removal of patients, planning and conduct educational programs on health and health maintenance. The ANZSCO 254425 code dictates that before a pediatric nurse can treat patients, a license is required. License is granted by the Board of the National Council of State Nurses and candidates are required to pass the licensing exam of the National Council. The examination will test the knowledge of the nurse in patient care, safety and infection control, psychosocial and other topics related to breastfeeding.

ANZSCO Code and License Requirements

As per the code, Ada should have of one or more of the following is required at time of application: ETG, nursing basic court Trauma (TNCC), nursing pediatric emergency court (ENPC), neonatal resuscitation, PALS, ECG interpretation, non-violent intervention in emergencies, verbalization following a serious incident, specialty nursing certification (emergency, maternal and child health, pediatrics, intensive care), low back injury prevention program and basic skills in computer science. For this specialty, as per ANZSCO it is imperative to obtain the status of ” Registered Nurse ” in Australia. For migrants with a state nurse-nursing degree, this status is awarded after a thorough evaluation of the Australian Nursing and Midwifery Accreditation Council (Anmac).

Ada will probably score between 120 to 100 points. Ada will earn 40 points to 60 points depending on the position and qualifications. 15 extra points if she is on the MODL list (migration occupations in demand list), high demand occupations list. 30 points because she is aged 35 and below. 5 extra points since the spouse can meet the basic criteria (level of English, recognition of diplomas and professional experience, age). 25 points if she gets at least 7 IELTS test (instead of 15 if you reach 6, the minimum level required). However, since she has a family member living in Australia, her points reduce little.

All visa applicants including Ada must pay 186 3520 AU $ as of 1 September 2013 (against 3,050 previously) to file an application (called “initial application loads”). To this we must add 1,760 AU $ 880 per additional adult and AU $ per child under 18 years. Employers side, they will have to prove they have a full-time position and available for the next two years. The cost of the appointment is $ 540 AU for the “Stream Direct Entry”, the position is located in the region or city, 540 dollars for the “Temporary Residence Transition Stream” if the station is in town. Otherwise, the appointment is free, just like the “Agreement Stream”.

Once obtained, the 186 visa permits to live and work permanently in Australia, to study it, to access Medicare (Social Security), sponsor of others for permanent residence, and to come and go Australia for 5 years. If Ada want to continue the adventure after this time, she will get the “Resident Return Visa” or apply for citizenship. The visa 187 (Regional Sponsored Migration Scheme) follows the same principles and that the visa costs 186, except that it must live and work in regional Australia. Ada can apply after two in an enterprise via the “Temporary Residence Transition Stream” immediately via the “Stream Direct Entry” or finally via the “Agreement Stream”. Regional Australia is simple, it is the whole country except the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong and Melbourne.

Ada will also pay the agency responsible for assessing skills (prices may vary depending on the organization, from 500 to 1000 approximately AU $), pass the Test of English for her and Wang. For him or her, just a “proof of functional English”, i.e. a score of only 4.5 out of 9 in each category (written, oral, reading comprehension, listening comprehension). For Ada, it will reach a minimum score of 6 to 9, knowing it relates score 0 points vis-à-vis immigration. If Ada need points, you will get 7 of 9 (10 points) or 8 of 9 (20 points).

Askola, Heli, Demographic Transformations Of Citizenship (Cambridge Univ Press, 2016)

Crock, Mary and Laurie Berg, Immigration, Refugees And Forced Migration (Federation, 2011)

Guild, Elspeth and Sandra Mantu, Constructing And Imagining Labour Migration (Routledge,     2016)

Hampshire, David, Living & Working In Australia (Survival Books, 2013)

Lemmin-Woolfrey, Ulrike and James M Lane, Living Abroad In Australia (Avalon Travel, 2013)

Markus, Andrew and Moshe Semyonov, Immigration And Nation Building (Edward Elgar Publishing, 2010)