BLO5606 Australia Visa System

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Question:

Marcos de Cunha (Portuguese chef) has worked for the Michelin star Restaurant du Madeira, Lisbon for approximately ten year.

Marcos is now 36 and has two sons, aged 10 & 6.

Carmen Marcos, Marcos’s wife, is a kindergarten teacher in Lisbon.

Marcos was on a trip from Australia to the Melbourne Food and Wine Festival and met Rodrigo Hernando. Rodrigo is the owner of Hernando’s Hideaway Restaurant.

Rodrigo explained to Marcos that his Crown Casino complex is in search of a chef and asked if Marcos would be interested in working for him on temporary visas.

Marcos was initially hesitant, as he wanted a permanent job. But Rodrigo assures Marcos there are permanent jobs available after a few years, if Marcos is as good and as talented as the Michelin people claim he to be. Marcos accepts the $85,000 per annum offer.

Rodrigo arrives to meet Marcos, who has returned to Lisbon in preparation for his move from Australia to Australia.

You just received your registration as a immigration agent.

Rodrigo informs that he has never sponsored anyone for a work visa before. He had primarily relied on part-time students studying in Australia as a cook to supplement his income.

Rodrigo felt that he should hire a professional chef as his restaurant business is growing.

Rodrigo questions Rodrigo about the requirements to sponsor Marcos (subclass 457) on a Temporary work (Skilled), visa to work at his restaurant.

Rodrigo also wants to know if Marcos can be included on the visa application.

Prepare a letter advising Rodrigo Hernando explaining in simple terms what Marcos (and his families) need to do to satisfy the criteria for the granting of a Temporary (Skilled), visa (subclass 457)

You must support your answer with specific provisions from the legislation.

Marcos de Cunha finally obtained a Temporary (Skilled, Subclass 457) visa to allow him and his family to enter Australia. Marcos started working at Rodrigo Hernando’s restaurant.

Marcos’ children were enrolled at Melbourne Grammar, and his wife Carmen was soon offered a job in a local kindergarten.

Everything was going well until Marcos Temporary Work (Skilled), subclass 457 visa was about expire.

Rodrigo agreed to sponsor him for a permanent Visa, as permanent residence was always his intent.

The economic measures of President Trump, ‘America First’, had begun to have an impact on international trade. Australia was also feeling the downturn effects with a decrease in tourism.

Hernando’s Hideaway Restaurant began to feel the pinch as well.

Rodrigo offered sponsorship to Marcos to obtain a permanent visa. In return, Marcos would have to pay $85,000.

Rodrigo said that Marcos would be required to give up only one-year’s salary in exchange for the most generous offer for permanent residence.

Rodrigo & Marcos would agree to an arrangement in which Rodrigo would be paid $85,000 by Marcos in exchange for Rodrigo’s sponsorship for a permanent Visa. Have Rodrigo & Marcos committed any violations of the migration laws?

Is there any penalty for such breaches?

After much consideration, especially after Carmen his wife tells him not to do silly things, Marcos decides to decline Rodrigo’s suggestion and quits what Carmen calls a’most dishonest & fraudulent person’.

Marcos’ Temporary Work (Skilled), subclass 457 visa is still valid for a few more months.

However, permanent residence is his intent. He still has a few months left on his Temporary Work (Skilled) visa.

Marcos could be expected to leave Australia in such an instance.

Can he be allowed to look for a new job if he leaves his employer prematurely?

Pedro Stefano who runs a Michelin-starred restaurant in Mildura signed Marcos up very quickly because of his Michelin standing.

They quickly reached an arrangement where Pedro would sponsor Marcos in order to get a permanent (Regional Supported Migration Scheme) (subclass 1877) visa.

Marcos calls your office and asks about the (Regional sponsored migration Scheme) (subclass 197) and the requirements and processes to apply for it.

Inform Marcos about the requirements of the Regional Sponsoredmigration Scheme (subclass 187) visa in relation to him.

Answer:

Mr. Rodrigo Hernando I appreciate that you took the time to ask me about the temporary work visa (subclass 457).

I was informed by you that you are the employer willing to sponsor one Mr. Marcos, his family and sponsor them for a temporary work visa. Then you can sponsor them for permanent visa.

I’d like to tell you in this instance that there is a specific criteria that both parties must meet before their request can become a reality.

An Australian citizen must follow the correct application procedure.

It is crucial to make sure you can pay, collect and fill out the required fees to process the application.

Failing to complete this step will guarantee that the visa application will be denied and will not be processed.

It is important to make sure that the business being applied for is in compliance with Australian laws.

The Australian laws prohibit certain activities. If the visa is denied, the company must pay taxes according to Australian legislation.

For the company to be considered legal, it must make sure that it pays all taxes as required by Australian legislation.

Also, the business under consideration must have been operating for at least 12 consecutive months.

It is vital to ensure that the business meets this criterion.

Sponsors eligible for funding must also swear in writing that they won’t tolerate any form of discrimination in the workplace.

This is a way to ensure that everyone working at the institution does not suffer discrimination.

Eligible sponsors must also agree to some obligations in order to be allowed to sponsor eligible employees under the Sub-class 457 employment visa6.

This ensures that the business meets the minimum guidelines. It is essential to work with inspectors.

Sponsors should also be prepared to pay their sponsored employee and their family travel costs, which may allow them to leave Australia within 30 days of the request being made7.

The minimum guidelines must be met in order for the sponsored employee to qualify.

First, acknowledge that the visa was designed to enable skilled workers from other countries to come in and work in the country.

To be eligible for the visa, an employee must have the required skills.

Marcos should show that he has the necessary culinary skills to be able perform his duties.

Marcos can’t apply for the position if his employer has not committed itself to sponsoring them.

An applicant for a visa must be able and willing to show proof of having a valid health insurance8.

This will ensure that they have no health problems while in Australia.

In the event that the applicant’s profession involves a group of professionals, it is necessary for it to approve them.

It is also necessary that the candidate has basic English language skills.

A basic language skills test must be passed by the applicant to prove that they meet these requirements.

If the applicant meets the requirements, family members may apply for the visa.

When you fulfill all requirements, applying for a Visa is simple.

457 visa applicants are eligible to obtain new employees without needing to apply again.

The applicant must leave the country if the employment contract expires after the visa expires.

The applicant must find a new employer within 90 calendar days of the date they quit their job.

I wish all the best to you and would be happy to help you in any way you can.

It is illegal to make any payment for the return of a permanent Visa under Australian Migration laws.

Rodrigo as well as Marcos would be in breach of the immigration law if Marcos gave up his $85,000 salary.

The salary sacrifice would have been equivalent in value to the payment of money in exchange for the sponsorship favor.

To receive, give, or offer payment for sponsorship of a permanent visa is a criminal offense under the Migration Amendment Act 2015.

Rodrigo is facing a maximum of a two-year sentence in prison and a possible $43,200 fine.

It was the main purpose of the bill to make sure that employers did not exploit their employees.

One can see that Rodrigo was seeking to gain by asking Marcos for a one-year salary to help him work.

Employers being allowed to ask employees to pay for sponsorship favors would be a reversal of the progress made under the Australian Pay and Conditions13.

This would also negatively affect the credibility and credibility of the Australian immigration program. It aims to issue permanent resident visas to only the most trustworthy residents.

Marcos may also be subject to his residence being revoked, and he could be forced to return home to Portugal.

This law allows the migration department to revoke Permanent Visas.

Marcos is at risk of losing his permanent Visa and losing a year’s salary if he continues with this plan.

Marcos should take steps to ensure that his chances of getting a permanent Visa in the future are not compromised by a situation like this.

The first step is to inform the migration department about his situation within ten working days.

The migration department will grant him a period to search for a new employer willing to sponsor him. He can also apply for another visa that he might qualify for or simply leave Australia14.

Marcos must make sure he finds a new sponsor as leaving Australia is not an option.

He should be aware that he must reapply for Temporary Work (Skilled), Subclass 457 again after he has found a new employer.

Marcos’ employer must sponsor him for visa. They must also prove that Marcos is a legitimate business and need his services.

Marcos’ chances of obtaining a Permanent Resident Visa will rise if the employer does this.

Marcos’ situation permits him to apply regional sponsored permanent resident (sub-class 187) visa15.

This Visa is for high-skilled foreign employees to work in low-populated parts of Australia.

Marcos will need to be familiar with the requirements to apply for the visa and become an Australian permanent resident.

Marcos is eligible to apply for the temporary residence stream under Subclass 187 visa.

Because he was a two-year veteran of the same occupation while he held the subclass 457 visa, this is why he qualifies for the temporary residence transition stream.

The approval of the regional certification board is one of the first steps to make sure they pass.

This second step is critical for a nomination. Before the applicant can apply, an Australian employer must be approved.

In order to qualify for the visa, he must meet certain requirements.

One requirement is to have his nomination approved in the first six months after applying for the visa.

The visa application will be automatically denied if the approval is not received within the prescribed timeframe.

The applicant must be less than 50 years old.

With certain exceptions, an applicant can still apply to the visa, even if they are over 50.

Sub-class 187 visa applicants must be able to show their skills, as the visa is based upon the country receiving skilled workers.

They should only be able to describe the job they hold at their current place of employment.

The employee must also be able present their license to practice in cases where the profession is regulated by a professional organization.

Marcos should also prove his English language skills, as required by the temporary transit stream through which he should have applied.

The family of the applicant must meet certain health and character requirements in order for their visa application to be approved18.

Marcos can fulfill all of these requirements and he will soon be able to become a permanent Australian resident.

Marcos can hire a qualified migration agent to speed up and help him through the process.

Hugo, Graeme. «Temporary migration and the labour market in Australia» (2006) 37 Australian Geographer

Mansouri, Fethi, and Michael Leach, “The Evolution The Temporary Protection Visa System In Australia” (2009) 47 International Migration

BAHN and SUSANNE, LLANDIS BARRATT PUGH and GHIALY YAP. “THE EMPLOYMENT SKILLED MIGRANTS TEMPORARY 457 VISAS AUSTRALIA – EMERGING ISSUES.” (2012) 22 Labour & Industry. A journal about the economic and social relations of work

International Labour Law Reports, Editors “AUSTRALIA”, 2001 22 International Labour Law Reports Online

Lucie Lamarche. “The Social Protection of Temporary Migration Workers: An Evolutionnary Procedure” SSRN Electronic JournalMigration Amendment. (Maintaining a Good Order of Immigration Detention Facility) Bill 2015.

Social security for migrant workers in Australia and their families.

Beer, Andrew and Laurence Lester. (2015) 2 Regional Studies, Regional Science.

“Harpal Singh and Rajwinder Kaur; Petitioners, V. Immigration And Naturalization Service. Respondent” (2004) 16 International Journal of Refugee Law

Lynda Sanderson (2009), “International Mobility Of New Migrants Toward Australia” 43 International Migration Review

Tan, Yan, Laurence H. Lester. Labor Market and Economic Impacts Of International Temporary Migrants To Australia (2011) 18 Population, Place and Space

Amy Nethery. “Partialism. Executive Control and The Deportation For Permanent Residents From Australia” (2012) 18. Population, Space, and Place

Lindsay Lowell, B. & Johanna Avato “The Wages For Skilled Temporary Migrants : Effects Of Job Portability And Visa Pathways” (2013) 52 International Migration

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