Assignment Task 2, Simar Jeet Kaur S4538659 PDF

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LML 6004 Assignment Task 1...

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ASSESSMENT DECLARA DECLARATION TION Th i sf o r mmu s t b ec o mp l e t e d , s i g n e d , d a t e da n da t t a c h e dt oe a c ha s s e s s me n t t a s kt h a t y o us u b mi t f o rma r k i n g .

Colle College ge of Law and J Justice ustice 1 .

ADMI NI ST RATI VEDET AI LS STUDENTNAME:SI MARJ EETKAUR UNI TOFST UDY: LML6 0 0 4 DAT EDUE:2 7 / 0 5 / 2 0 1 8

2 .

STUDENTI DNUMBER: S4 5 3 8 6 5 9 T I TL EOFASSESSMENT :T ASK2 DAT ESUBMI TTED: 2 7 / 0 5 / 2 0 1 8

COMPULSORYSTUDENTDECLARATI ON Pl a g i a r i s mme a n su s i nga n ot h e rp e r s o n ’ si n t e l l e c t u a l o ut pu ta n dp r e s e nt i n gi t ( wi t h ou ta pp r op r i a t ea c k n o wl e d g e me n to ft h e a u t h o ro rs o ur c e )a so n e ’ so wn. Pl a gi a r i s mc o ns t i t u t e sa c a d e mi cmi s c o nd u c t . Wh e r et h e r ea r er e a s on a b l eg r ou n d sf o rb e l i e v i n gt h a tt h i sh a so c c ur r e d, d i s c i p l i na r yp r o c e d u r e sa so u t l i ne di nt h ePol i c yf o rAc a de mi cHo n e s t ya n dPr e v e n t i n gPl a g i a r i s mwi l l b ei ns t i t u t e d. PL EASETI CKT OI NDI CAT ETHATY OUHAVESAT I SFI EDTHESEREQUI REMENTS I h a v er e a dt h ep o l i c yo nAc a d e mi cHo n e s t ya n dPr e v e n t i n gPl a g i a r i s ma n dt h er e l e v a n t r e f e r e n c i n gg u i d e s( o rh a v eh a dt h i s e x p l a i n e dt omeb ymyt e a c h e r s ) a n du n d e r s t a n dt h ec o n s e q u e n c e so f c o mmi t t i n ga c a d e mi cmi s c o n d u c t a so u t l i n e di nt h e p o l i c y .  T h i sa s s i g n me n t i smyo wnwo r k , I h a v en o t p a r t i c i p a t e di nc o l l u s i o n , n o rh a v eI p r e v i o u s l ys u b mi t t e dt h i so rav e r s i o no f i t f o r a s s e s s me n t i na n yo t h e rUn i t o f St u d ya t t h eUn i v e r s i t yo ra n yo t h e ri n s t i t u t i o nwi t h o u t h a v i n go b t a i n e dt h ea p p r o v a l o f t h e t e a c h e r .  I h a v et a k e np r o p e ra n dr e a s o n a b l ec a r et op r e v e n t t h i swo r kf r o mb e i n gc o p i e db ya n o t h e r s t u d e n t .  Sot h a t t h ea s s e s s o rc a np r o p e r l ya s s e s smywo r k , I g i v et h i sp e r s o np e r mi s s i o nt oa c t a c c o r d i n gt oUn i v e r s i t yp o l i c ya n d p r a c t i c et or e p r o d u c et h i swo r ka n dp r o v i d eac o p yt oa n o t h e rme mb e ro f s t a fff o rt h ep u r p o s eo f c r o s sc h e c k i n ga n d mo d e r a t i o na n dt ot a k es t e p st oa u t h e n t i c a t et h ea s s e s s me n t , i n c l u d i n gs u b mi t t i n gac o p yt oac h e c k i n g / d e t e c t i o ns y s t e m t h a t i nt u r nma yr e t a i nac o p yo f t h i swo r ko nad a t a b a s ef o r f u t u r ec h e c k i n g .  I h a v ec a r e f u l l yr e a dt h ea s s e s s me n t c r i t e r i at h a t wi l l b eu s e dt oe v a l u a t emywo r ka sg i v e nb e l o w–

Assessment Criteria 1.

Accurate answers to the questions demonstrating knowledge of statutory provisions and case law.

2.

Answers are justified by clear reference to the relevant facts, identify logical assumptions you have made about the facts in answering questions.

3.

Arguments and information are clearly and logically presented.

Simar Jeet Kaur (S4538659)

LML 6004

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ABC Migration Services Melbourne VIC 8888 Tel: 03 8888 9999 Email: [email protected] ABN: 00 123 456 789, MARN: 161718 Dated: 27th May 2018 Our Ref.: 1234

Totally New Pty Ltd. Sydney, Australia C/o Mr. Charlie Hickering Owner

Subject: Letter of Advice in relation to Initial Subclass 482 – Temporary Skill Shortage Visa (Short Term) (Class GK) of Totally New Pty Ltd to sponsor Miss. Sarah Malone and the steps involved in the application

Dear Mr. Charlie,

I am hereby giving general introductory advice based on the information you have provided. Although my advice is accurate at the time that it is given, I cannot predict future changes in the law and cannot guarantee that the advice will still be accurate at the time that you apply for a visa application.

Under the Migration Agent Code of Conduct a copy of the Consumer Guide is attached to this letter1. Registered migration agent must inform clients that they are entitled to receive copies of the application under the Migration Act or Migration Regulations and any related documents if they want copies. The agent may charge a reasonable amount for any copies provided2.

1 MIGRATION AGENTS REGULATIONS 1998 – SCHEDULE 2 (Part 3) (3.2A) (a,b) 2 MIGRATION AGENTS REGULATIONS 1998 – SCHEDULE 2 (Part 3) (3.3)

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A registered migration agent has a duty to preserve the confidentiality of his or her clients. A registered migration agent must not disclose, or allow to be disclosed, confidential information about a client or a client's business without the client's written consent, unless required by law. A registered migration agent must have an address and telephone number where the agent can be contacted during normal business hours. If a registered migration agent changes his or her address, telephone number or any other details that are recorded on the Register of Migration Agents, the agent must give a written notice to the Department, the Authority, any review authority and all current clients of the agent: (a) in advance; or (b) not later than 14 days after the change or changes if advance notice would be unreasonable in the circumstances. A registered migration agent must ensure that clients have access to an interpreter if necessary.

After considering Business current situation, annual turnover and current employment history, I advised you that Totally New Pty Ltd Business can be sponsor to Miss. Sarah Malone on Subclass 482 visa (Class GK) as a Fashion Designer (ANZSCO 232311).

Temporary Skill Shortage Subclass 482 (Class GK) working visa for an Australian employers to sponsor skilled migrants to work in Australia. From March 2018, The Australian Government introduced a new work visa in replacement of the 457 visa- the subclass 483 Temporary Skill Shortage (TSS) Visa.

The TSS Visa is a temporary visa which permits the holders to live in Australia, while working fulltime for the sponsoring employer, in the nominated position. The TSS visa has a short-term stream and a medium-term stream. Applicants with occupations on Short term Skilled Occupations (STSOL) are eligible for visas of up to two years and renewable once, for a further two years) whilst those on the

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Medium and Long term Strategic Can apply for up to four years, with eligibility for permanent residency after three years.

The role that the employer wants to fill must appear as an occupation on the Combined List of Eligible Skilled Occupations. In determining whether the proposed nominated occupation is an accurate reflection of the duties of the position, the Department of Home Affairs (formerly DIBP) uses

the Australian

New

Zealand

Standard

Classification

of

Occupations

(ANZSCO) .

Both the position description and the TSS visa applicant’s employment and education history must reflect the description provided by ANZSCO.

The applicant must have the skills required to fulfil the role. Whilst the skills required vary in accordance with the occupation in question, all TSS visa applicants are required to have a minimum of two years’ relevant work experience. When examining a TSS visa applicant’s skills and qualifications against the nominated position, Home Affairs case officers cross-reference the position description supplied in the employer’s nomination application with the visa applicant’s qualifications and work references.

If applicants are not from an exempt country (UK, USA, Canada, NZ or Ireland), they will also need to meet English language requirements at the time of application.

The application is dependent on the sponsor, the position and the employee meeting eligibility criteria. Business apply to become a Sponsor is very first step we will discuss in this letter, then if outcome is positive or you can decide to apply Sponsorship, Nomination and the applicant can be either onshore or offshore when the application is lodged and/or granted but this depends on if the employer is Australian or based offshore. If the applicant was onshore when the visa application was made, if applications outcome is negative generally they have review rights; otherwise there are no review rights for the

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applicant. The employer, however, has review rights irrelevant of whether the visa was lodged onshore or offshore. This visa Subclass 482 – Temporary Skill Shortage (Short Term) visa involves a three stage process. STEP 1: Subclass 482 – Temporary Skill Shortage (Short Term) visa – Standard Business Sponsorship 1. The Business need approval of Standard Business Sponsorship (SBS) 3 2. Application must be lodge through the internet form 482SR (Immi 18/038) Item 1223(A) 4. 3. SBS fee is $420 and must be paid when lodge the application (immi 18/038) 5. 4. Business must be a lawfully actively operating in Australia. An established business should provide documents that demonstrate active operation in Australia, which may include: 

Business Activity Statements (BAS)



Business’s tax returns for the most recently concluded financial year



Business’s recent financial reports (profit and loss statements for the most recently concluded financial year)



Business’s Annual Report



Business’s Registration and licensing certificate



Business’s bank statements covering period of operation



Lease agreements or property ownership relating to business’s premises

5. The Business must meet the training benchmarks for training Australian citizens or permanent residents. Your statement indicates that Totally New Pty Ltd has been trading, in Australia, for 12 months or more. 3 Migration Regulations 1994 – Part 2A, Division 2.13 (R2.59-2.60s). 4 Migration Regulations 1994- Part 2A, Division 2.14 and sub 2.61 (3A) (a)

5 Migration Regulations 1994- Part 2A, Division 2.14 and sub 2.61 (ii) (b)

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You are required to meet specified benchmarks for the training of Australian citizens and Australian permanent residents. Training benchmarks A &B has been retained, SAF (Skilling Australian Funds) -If Business turnover less than 10 million per year then business needs to make $1200 each nominated employee. -If Business turnover more than 10 million per year then business needs to make $1800 each nominated employee. STEP 2: Subclass 482 – Temporary Skill Shortage (Short Term) (Class GK) visa – Nomination The visa applicant must be nominated and be approved for the position. R2.72 prescribes the criteria for approval of nominations is: 1. The nomination must be lodge through the internet and form 1196 (immi 13/063) and at the time of lodge application must pay the application charges of $ 330 (Immi 13/063)6. 2. Nomination Occupation should be from MLTSSL List or STSOL List or ROL (immi 18/048) Schedule 2. 3. The information required to lodge the application is the nominee’s full name and date of birth. 4. A job description for the position and Employment contract and annual package according to TSMIT (immi 13/028) and in 457.223 (6)(a) 7. 5. No Labour Market testing is required as this is Skill level 1 occupation (immi 13/137) 8. 6. Perform Equivalent work Australian citizen or Permanent Resident with same term and conditions (immi 09/113) 9.

STEP 3: Subclass 482 – (Temporary Skill Shortage) visa Short Term (Class GK) – Visa Application

6 Migration Regulations 1994- Part 2A, Division

2.17 paragraph 2.72 (a) para 2.73 (2), 2.73 (3) 2.73 (5)

7 Migration Regulation 1994 under the paragraph 2.72 (10) (cc). 8 Migration Act 1958 Paragraph 140GBC (4) (a) (b). 9 Migration Reg. 1994 Schedule 1 sub regulation 2.72 (10AA) Part 2

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The final step for the business sponsored 457, the nominee submits an application for the visa. Please find below list of documents may require completing visa application:

1. The application as primary applicant must be lodge through the internet and item 1240, Form 1066 in the Migration regulations (immi 13/063) and paid the fees $1150 & are specified in Schedule 1, Item 1240(2)(a)(i). 2. Nominated occupation should be genuine and the applicant must also have a genuine intension to perform duties10. 3. The applicant should have full skill Assessment from Vetasses for from STSOL List, ANZSCO Code 232311, and Occupation skill level 1, Occupation is Fashion Designer. 4. The Primary Applicant must have 2 years relevant work experience. 5. The primary applicant’s have qualifications, experience and employment background which match those required for the position11. 6. Demonstrated English language proficiency12. Applicant is US Citizen and has US Degree so she do not need English Test.

7. Be eligible for any relevant licences or registration required for the nominated position.

8. Applicant Have Health Insurance13.

9. Applicant must satisfy Health Assessment criteria.

10. If applicant in Australia on time to application then applicant should be holds a substantive visa.

11. Applicant must satisfy the Public interest criteria14.

10 Migration Act 1957 482.212 (2) (a) in Schedule 2 11 Migration Reg. 1994 Schedule 2 sub regulation 482.212 (3) 12 Migration Reg. 1994 Schedule 2 sub regulation 482.223 (1) 13 Migration Regulations 1994 Schedule 2 Sub regulation (482.214) 14 Migration Regulations 1994 Schedule 2 Sub regulation (482.217)(1)

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12. Applicant’s Nomination of an occupation should be approved15. (After careful consideration of Miss. Sarah Malone Qualification and Country of passport & nature of job offered by Totally New Pty Ltd , She needs skills assessment as a Fashion Designer from vetasses.)

VETASSES (232311): Your application will be allocated to an assessment officer and if there are additional documents required you will be notified online.

ABC Migration Services Melbourne VIC 8888 Tel: 03 8888 9999 Email: [email protected] ABN: 00 123 456 789, MARN: 161718 Dated: 28th May 2018 Our Ref.: 1235

Totally New Pty Ltd. Sydney, Australia C/o Mr. Charlie Hickering Owner

Subject: Letter of Advice in relation to Initial Subclass 482 – Temporary Skill Shortage Visa (Short Term) (Class GK) of Totally New Pty Ltd to sponsor Miss. Sarah Malone and the steps involved in the application

Dear Mr. Charlie,

I refer to your call at my office regarding assistance for Temporary Skill Shortage Visa (Subclass 482) application. 15 Migration Regulations 1994 (482.212) (1)(a) – Schedule 2

Simar Jeet Kaur (S4538659)

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We will not give you any written reassurance that Sarah will definitely get the visa in two weeks. Under the of the Code states that if asked for an opinion about the probability of success an agent must not hold out unsubstantiated or unjustified prospects of success. Clause 2.6 of the Code states that an agent must provide frank and candid advice about prospects of success16. Temporary Skill Shortage visa approximately processing times is 5 to 9 months. We cannot give assurance that your employee gets the visa in two weeks. Please provide us all requested documents and signed Agreement so we can start to process to prepare the files. Without documents we cannot start the process and cannot give you any guarantee for quick process.

We look forward to hear you soon. You can contact us for further advise.

Thanks,

Simar Jeet Kaur

16 Migration Agents Regulations 1998, Schedule 2, Code of Conduct, Clause 2.7 (c)

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