Migration Law Q&A For Visa Application - Key Information And Requirements Essay.

Advertising Requirements for Visa Application

Q1: Can you explain to me again about this advertising I need to do? What does it need to say, and how long do I need to advertise for? I have an ad for Sheet Metal Workers on my business website. Is this useful, or do I need to pay for an ad? Do I need to send you a copy? Harry

The first step you will take is to post the employment vacancy on a Government website that is active. For this, I recommend using  Additionally, I would guide you to advertise an Australian recruitment website with "national reach" This would entail: well-known or competent hiring websites that post job advertisements across Australia and industry-specific recruitment internet sites applicable to the job which are heavily used by the industry; and LinkedIn's online hiring framework, except for job openings constrained to LinkedIn profile participants. A broad classified website's employment portal. This does not include a broad classifieds website's classifieds portal or promotion sent simply via a social media notice.When establishing a GTES agreement, Sponsors must submit proof of LMT. You must also be required that you must give verification for every individual vocation requested under the GTES contract at the time of your online application. Additionally, a  Sponsor must show proof of efforts to employ competent and knowledgeable Australians for every given profession. These actions must have occurred within 12 months of filing the nominee petition. There are no restrictions for the substance or runtime of advertising underneath the GTES

Q2: I was just hoping you could provide me with some information about the timeframes and deadlines for this application. Do we need to have each stage approved before we lodge the next one? Harry

You must supply a sample of the promotional information employed to market the role when you propose a candidate as the sponsor (documents of all advertisements with the advertising demands ). Throughout the four-month timeframe promptly preceding the nominating application, you must meet the deadline of at least four weeks. When establishing a labor agreement, As a Sponsor, you must also provide documentation of LMT. You must also offer documentation of LMT when nominating a candidate when the labor agreement requires it.I would also recommend that you explain these facts in a concise declaration and submit it on asking for your GTES agreement if it is hard to offer proof of two efforts for instance, since there is an extremely limited worldwide pool of potential individuals and the techniques of LMT indicated earlier are not applicable. An supervisor can offer an institutional letter of transmission or certain  documentation summarizing the intra-corporate transmission structure as proof of LMT when a placement is an intra-corporate transmission of an extant worker of a corporation to another department or affiliated institution of that corporation functioning in Australia. Every of the preceding phases can employ the identical LMT proof, but the advertisement must have taken place within the last 12 months preceding the candidacy request is filed. Companies in Categories 3 areas will now be able to provide more adaptable documentation of LMT to the Department. One international advertising, such as Seek, Job active, or an Australian sector site, will be accepted as proof.

Timeframes and Deadlines for Visa Application

Q3: I would just like to enquire about lodging my visa application. Is thereany problem that will stop me from lodging my visa application? I have told my employer about mycurrent bridge visa, and I am worried that I cannot apply for the working visa from this visa? I alreadyhave lodged an application for a visa, as I told you. Do I need to withdraw this visa first? Oliver

You should withdraw from the first Visa. Every Visa serves a different purpose hence you will need the working Visa to be employed by Harry company.To move to and access Australia, all visitors must have a valid visa. There may be several visa alternatives accessible to you a visitor in Australia.The suitable visa will be determined by your reason for visiting Australia, among other factors, and for this case your sole purpose to be in is employment. If you have qualifications and qualities that will benefit Australia's economy and workers, you may be qualified to travel to Australia on an Australian Occupational visa. These visas are particularly tailored to promote candidates to gain sponsorships or endorsement via a workplace. The 482 visa is a four temporary visa that allows qualified people to operate in Australia if they are supported by an authorised Australian business. Your occupational abilities or job expertise must be applicable to the employment you are looking for in Australia.

Q4: (400 words, 8 marks) From: Oliver Sent: Friday, April 2022 9:37 AM To: agent Subject: Re: TSS Dear Sir I hope you are well. I would like to enquire about the work reference you told me to get from my previous employer. I worked for him for 3 years. What should it say? He does not speak much English, can he write it in Estonian? You said I will need to show I have skills to do the job. Will this work reference be enough? Can you confirm whether or not I need some kind of skills assessment? Oliver

As a profession you will require a license or registration from an Australian occupational body prior they can practice. In these situations, its customary for applicants to demonstrate a strong command of the English language as an element of their skills evaluation. It is possible that completing your evaluation will meet the English requirements for your visa application.Other occupations, like metal sheet, are so specific that potential immigrants must demonstrate a strong command of "academic" English.Another factor to take into account when taking English examinations is the date you obtained your results (Wright et al.,2016). Your English standardized test can be used to apply for a variety of visas, including the TSS 482 visa and the ENS 186 visa.For proof that you worked with in Estonian you will need to you will need provide payslips. You former employer can write in Estonian which can be translated.

Since, in your case, Oliver Sepp does not have any legal qualifications, it will be essential to seek another alternative that will be proof that he is competent. Firms recruiting international employees through a DAMA must produce proof of LMT when registering for DAR authorization, establishing a DAMA labor contract, and during the Nomination phase.At least two actual initiatives advertising to acquire competent and competent Australians must be shown in this proof.

Lodging Visa Application and Suitable Visa Types

The Temporary Residence Transition Stream, Direct Entry Stream, and Agreement Stream are the three streams of the Employer Nomination Scheme (ENS) visa. Since Harry will be supporting you via a labor or region recruitment deal, the Agreement Stream is the one for you (Bagaric et al.,2007). Harry will be required to prove the requirement for an international worker. You'll also have to show that you are  committed to your training. Harry will also be required to show that he is compensating you, an overseas  worker, a compensation that is at least comparable to the market rate. The employment contract must also be compliant with Fair Work Australia (Crock & Berg, 2011). The role must offer the foreign employee the same benefits and standards of work as an Australian native or permanent citizen of Australia who is/may be recruited by the sponsor. Candidates must meet certain requirements in order to be considered for an 186 Visa Have been nominated in an acceptable profession by an authorized Australian organization. You are eligible for this opportunity since you are under 45 years old. You possess the necessary qualifications and abilities. You have the necessary English language skills, which vary depending on the stream. You need also have a license or registration. 

Q5: I hope you are well. I wanted to check on what you said about showing I can speak English. I did all my high school in English, that was 5 years, but my school has burnt down and I am not sure I can get any records. It might be easier to do one of the tests you talked about? I have heard of IELTS, but I am not sure what score I need? What was the PTE test you talked about and what score do I need for that? Do I need to do this test before you lodge my visa? Oliver

Planned and studying for this assessment effectively will increase your language competence as well as your IELTS score. It will be crucial in determining your eligibility to research or operate in an English-speaking country. IELTS is a test that determines your mastery of the English language as well as your ability to operate or educate in an English-speaking nation (Berg,2015).The   registration will necessitate you to have a strong IELTS score. The assessment is constructed in such a way that it promotes equality while also guaranteeing that geographic variances in English are incorporated without bias. In this approach, the institution in charge of administering and overseeing IELTS stays true to its mission and assists the international population in receiving equal accreditation and recognition. The word "state industrial instrument" is defined under Section 12 of the Fair Work Act 2009. When no fair employment assessment, legislative industrial component, or conditional indicator pertains to an Australian contractor who: works in the same department as the applicant; works in the same location as the applicant; and performs similar tasks to the applicant, the yearly industry basic pay proportion for an equivalent job role or vocation in linkage with which a stance is chosen under regulation 5.19.

Skills Assessment and Language Proficiency

Q6: I just wanted to check on whether Oliver can work in both businesses - Harrys and Commercial? I mostly want him to work in Harrys, but sometimes there might be more work in Commercial, so I might need him in both workshops. The work will be the same. Harry

Where an equitable work indicator, state industrial device, or transitory device is appropriate to an Australian employee who is: utilised in the same organization as the applicant; at the simultaneously position as the applicant; and conducting comparable tasks to the candidate; the annual market income percentage for a comparable shortlisted profession or a profession in reference to that a viewpoint is shortlisted under requisition (Vrachnas et al.,2011).

Q7: TSS Hi. Can you just explain again about the market salary information you need? I intend to pay Oliver $55,000. I have one sheet metal worker on $52,000 do you need his payslip.

Oliver is a permanent resident of Australia who works for the company. He is entitled to a fair wage, as defined by section 12 of the Fair Work Act 2009. The Migration Guidelines of 1994 are referred to as "regulations." Pay stubs and job contracts are just a few examples of essential work documentation (Tan & Lester, 2012). Relevant knowledge may encompass, and is not restricted to: job adverts from a nationwide enrolment website or nationwide print communications that are in English and define the basic pay accommodations for the posted situation; documented guidance from registration employer organizations and unions; and compensation surveys produced throughout the meaningful company by a respectable organization or body (Motomura, 2019) . Section 12 of the Fair Work Act 2009 defines the term "state industrial instrument (Nyland et al.,2009).When no fair work measure, legislature industrial component, or provisional indicator applies to an Australian employee who is: utilised in the identical employees as the candidate; at the identical spot as the candidate; and operating comparable tasks to the candidate, the yearly business basic pay percentage for a comparable job description or a profession in connection to which a stance is selected under regulation 5.19 of the Regulations must be ascertained by reference.

You can compensate an employee extra if their responsibilities remain the same.You must continue to exceed the TSMIT (Temporary Skilled Migration Income Threshold) set forth in the applicable legislation document (Costello & Freedland,2014).To hire the employee in a new position with additional obligations, you must submit a new proposal.You must notify each other within 28 days if you discontinue recruiting or supporting a worker or if they quit.Submit an email to the location indicated in the appropriate legislative instruments, or use ImmiAccount to fill out the new Announcement of Sponsor Relocation form (Bagaric et al.,2007).The worker has 60 days following the moment they stop employment for you to locate a new authorized sponsorship, apply for a change visa, or depart Australia.

A visa holder cannot begin employment for a new business until a new application has been accepted (Freedland,2014). You must prepare a fresh proposal if modifying the laborer's hours implies you will not achieve the TSMIT. Some visas impose restrictions on the visa holder's ability to operate in a particular region. You can advance the funded employee as long as their responsibilities remain the same. To advance the employee to a new position with new responsibilities, you must complete a fresh nomination. A new visa must also be applied for and approved to the worker.

References

Bagaric, M., Vrachnas, J., Boyd, K., Dimopoulos, P., & Tongue, S. (2007). Migration and refugee law in Australia: Cases and commentary. Cambridge University Press.

Berg, L. (2015). Migrant rights at work: Law’s precariousness at the intersection of immigration and labour. Routledge.

Costello, C., & Freedland, M. (Eds.). (2014). Migrants at work: immigration and vulnerability in labour law. Oxford University Press, USA.

Crock, M., & Berg, L. A. (2011). Immigration, refugees and forced migration: law, policy and practice in Australia. Federation Press.

Freedland, M. R., & Costello, C. (2014). Migrants at work and the division of labour law.

Motomura, H. (2019). The new migration law: migrants, refugees, and citizens in an anxious age. Cornell l. rev., 105, 457.

Nyland, C., Forbes?Mewett, H., Marginson, S., Ramia, G., Sawir, E., & Smith, S. (2009). International student?workers in Australia: a new vulnerable workforce. Journal of education and work, 22(1), 1-14.

Tan, Y., & Lester, L. H. (2012). Labour market and economic impacts of international working holiday temporary migrants to Australia. Population, space and place, 18(3), 359-383.

Vrachnas, J., Bagaric, M., Dimopoulos, P., & Pathinayake, A. (2011). Migration and refugee law: Principles and practice in Australia. Cambridge University Press.

Wright, C. F., Clibborn, S., Piper, N., & Cini, N. (2016). Economic migration and Australia in the 21st century.