Australian Visa System- Economic Migration
PURPOSE
The purpose of this assessment is to assist students to contextualise their learning and use theoretical knowledge in a practical and real-life situation. Students are asked to use critical thinking and reasoning to suggest a solution to a factual problem or problems.
This task requires students to critically analyse elements of Australian Migration Law and provide conclusions informed by legislation and policy and assesses the following learning outcomes:
1. Locate, navigate and interpret Migration legislation and identify the role of policy.
2. Demonstrate knowledge on visa application and processing including types of visas, validity, criteria and conditions.
3. Strategically analyse and assess client’s visa eligibility.
4. Research, formulate and implement appropriate strategies for providing effective practical advice to clients on visa options and pathways.
SCENARIO – See the attached CV of Penny Ang
Question One (800 words – 15 Marks)
The date is 11 May 2022. You are a junior migration agent with Global Migration Services. Your supervisor sends you the attached CV and asks you to respond to the prospect assessing them for a subclass 189 visa. Write a comprehensive letter response assessing both the prospect’s eligibility, and likelihood of success of an application for that specific subclass (and no other options), including a points test. Include a list of all assumptions made, and any critical dates the prospect needs to be aware of. Include a recommendation for the prospect as to whether they should proceed with an expression of interest for that subclass.
List any options that might support your client’s application, but keep in mind that all relevant information has been provided – for example, all work experience has been provided. Ensure you make reference to the relevant law and policy to support your answer, including referencing the points test to the appropriate schedule in the Migration Regulations. Remember that references (as footnotes) are required even though you may not employ them in a real letter to a client.
Question Two (400 words – 10 marks)
On 11 June 2022 Penny writes back to Global Migration and informs you that her current employer is now willing to sponsor her for a subclass 186 employer sponsored visa. They will do whatever is necessary to nominate her and pay any required fee. She tells you she currently earns $59,000 per annum which is the rate set out in the Enterprise Bargaining Agreement. Respond directly to Penny with a comprehensive assessment of eligibility and likelihood of success. Identify critical dates.
Identify any assumptions for Penny. Ensure you make reference to the relevant law and policy to support your answer. Remember that references (as footnotes) are required even though you may not employ them in a real letter to a client.
Question Three (800 words – 15 marks)
On 18 June 2022 Penny writes back to you and informs you that another employer is now willing to sponsor her for a subclass 482 employer sponsored visa. They are a currently approved sponsor, and regularly advertise for, employ and sponsor nurses. They will do whatever is necessary to nominate her and pay any required fee. She tells you they are offering $65,000 per annum which is the rate set out in the Enterprise Bargaining Agreement. They will lodge her nomination but want her to lodge her own application. Respond directly to Penny with a comprehensive assessment of eligibility and likelihood of success for a subclass 482 application.
Identify critical dates. Identify any assumptions for Penny. Ensure you make reference to the relevant law and policy to support your answer. Remember that footnoted references are required even though you may not employ them in a real email to a client.
