Australia’s visa system Essay Example

  • Category:
    Law
  • Document type:
    Essay
  • Level:
    Undergraduate
  • Page:
    3
  • Words:
    1845

Australia’s visa system

Question 1

Ms Jane Belleville has a right to apply for permanent residence in Australia. This is because she meets most of the requirements for eligibility. Her family had been granted permanent visa years ago but her father divorced her mother and returned back to France which was his country of origin. Since she resided in the country since she was seven years until twenty, she is eligible to apply for a permanent residence. According to the law on residence return visa, she is eligible. Since she had not been absent from the country for more than five continuous years, she is eligible for application as it is one of the requirements. On the other hand, as a subclass 600 visa holder, she is eligible for permanent residence as her visits to Australia is lawful (Birrell, 2009). The law also considers the family members of the applicant. If the family members are citizens, the applicant has a higher chance of permanent residence. Ms Belleville has to support her mother and her sister who has a child with mental stability. Since she is stable and she supports her family, the law allows her to obtain a resident return visa which will ensure that she settles permanently in Australia. She therefore has a high chance of obtaining the permanent residence visa owing to her family background. She also has a compelling and compassionate reason for her absence and hence her eligibility. She returned to France to continue with her studies and her father is also a French citizen.

The chances of having her previous resident return visa are high. This is because of various reasons surrounding the withdrawal in the first place. She meets all the requirements sets out by the law in order for her to be granted a permanent residence. Once an applicant meets all the requirements, then he or she is always granted the visa. Ms Belleville also does not have any criminal records in relation to the violation of the law governing the immigration. This is an important consideration as anyone who stays in the country illegally has no chances of being granted the residence return visa (Clark, 2000). It is also important to note that she could have been a resident of Australia permanently much early had her parents not divorced. It is through the divorce that she found herself in the situation. This is because she had to travel to France for studies as well as catching up with her father who lives in France. It is thus evident that it is not her fault that she found herself in the situation. Since her mother and sister are permanent residents of Australia, her chances are even higher as family is usually a consideration during the vetting process (Johnson, 2011). Since her nephew has been diagnosed with mental illness, the family will require her support both emotional and financial. This will improve the situation facing the family. Since this is a genuine reason, her chances of being considered remain high.

Question 2

The visa subclass 189 is mainly for the skilled people. However one has to meets the terms and conditions before being granted the permanent residence. The chances of Lena obtaining permanent residence through this subclass are high. This is because she meets most of the conditions and requirements. One of the requirements is that the applicant must be between 18 and 49 years (McDonald, 2003). She meets this requirement because she is twenty six years old. On the other hand, the applicant must pass the skills assessment on the skilled occupation list. Lena meets this requirement as she has passed the relevant tests and she also has eight months working experience in Australia. Since she does not have any family in Australia or any dependants, her chances are high although the law allows one to list the dependants or the family members during the application. Her chances of obtaining a permanent residence through the subclass 190 are low although she meets most of the requirements which are the same as those for the subclass 189. However, she may face some challenges when applying using this subclass. This is because nomination by the state territories is also a requirement. This means that she has to be nominated before being granted the permanent residence. The competition is usually high for the nomination as there could be candidates who are more experienced than her. The conditions for being nominated by the territory governments or states are also demanding (Khoo, 2007). It is thus evident that her chances of obtaining permanent residence through this visa are low.

The public interest criterion 4020 is for the purposes of eliminating the cases of fraud during the application. The applications that were made before July 2013 are subject to the process of review. The consequences of giving false or misleading information are very severe as the application may be rejected and the applicant banned for three years. Since one of the documents presented by Lena is suspected to be fraudulent, she has to act fast before action is taken against her. She should first visit the department within twenty eight days of notice. During her visit, she must ensure that she convinces the officers that the document does not affect the interest of Australia and its citizens. She should also provide compelling reasons to justify her application using the document. It is also important for her to clarify the contents of the documents and her intentions of using the document. This is because she could have used the document unknowingly. Incase she did not know that the document was fraudulent; she must convince the authorities to withdraw the document from the application. It is also important for her to ensure that she does not worsen the situation by lying to the authorities in a bid to clarify the use of the document. It is also important for her to ensure that her reasons are valid to avoid the cancellation of her application. Lena should not fail to present herself to the authorities to shed more light about the document as her application may end up being rejected (Junankar, 2005).

Question 3

The employer visa is important to an applicant as it enables them to work in Australia. However, it is important to note that the terms of employment may lead to temporary or permanent residence. The employer visa enables a skilled employee to work legally in the country. However, the employee must meet al the legal requirements and terms and conditions. The heath conditions of Bonny may hinder her from obtaining an employer visa. This is because her medical bills are too high and it may prove to be burdensome to the employer. On the other hand, it is important to note that her health condition may pose as risk to some group of patients incase of accidents during the use of the medical equipment. In order for her to obtain residence in the country, she has to take some actions. Bonny should consider carefully the terms of application in relation to temporary and permanent visa application. The temporary visa application may be beneficial to Bonny as well as the country. This is because she will be offering her services to the people.

The temporary visa application can be made through the department of immigration. Bonny should consider using the electronic means of application although the option of paper mail is also available. During the application, the passport as well as medical record should be available. This means that she has to avail her medical certificates indicating her health condition. It is however important to note that the applicants should not be suffering from tuberculosis (Momartin, 2006). She therefore qualifies for the temporary residence as she is only suffering from sexually transmitted diseases. It is also important for her to apply the visa using the subclass 457 which is for persons intending to work temporarily in Australia. This is because she meets most of the conditions for this type of visa. However, it is important note that she has to meet all the requirements regarding her profession as medical practitioners have to undergo scrutiny by the relevant bodies. She should also note that this type of visa will allow her to work in the country for not more than four years. The employer nomination scheme is also spelled out in the subclass 186 which she also meets the conditions. However since she is not employed, she cannot apply the visa through this subclass. It is also important to note that she must hold a professional license as well as a registration certificate from a professional body. This is for the purposes of proving that she qualified and professional.

Obtaining the permanent visa on the other hand is complicated as it has its own terms and conditions. The sponsorship by the employer guarantees one to a permanent residence in the country. Bonny should thus note that the employer visa is important for the permanent residence in Australia. However, she should also consider applying for the permanent visa under the skilled visa stream. The skilled visa stream is mainly for the people who are skilled in a certain area and could add value to the people of Australia. However it is also important for Bony to note that the application is subject to some terms and conditions. The employer nomination classes as well as the regional employer nominations are the schemes that benefit the immigrants. The schemes enable the immigrants to gain residence in Australia (Birrell, 2004). However since the situation of Bonny is complicated, it may be difficult for her to benefit from these schemes. It is important for Bonny to consider starting with the temporary residence before trying the permanent. This is because the permanent residence can easily be obtained by those who have already worked in Australia for a certain period of time. It will also be easier for the Bonny to obtain the regional employer nomination scheme after working for two years in Australia. However, it is important for Bony to avail her medical certificate at al times during the applications and indicate that her condition is manageable and does not pose risks to other patients.

References

Birrell, B, 2009, Immigration policy change and the international student industry, People and place, 17(2), 64

Clark, D, 2000, Do selection criteria make a difference? Visa category and the labor market status of immigrants to Australia. Economic Record, 76(232), 15-31.

McDonald, P, 2003, Temporary skilled migration to Australia: the 457 visa sub-class, People and Place, 11(4), 27-40.

Khoo, S, 2007, Temporary Skilled Migration to Australia: Employers’ Perspectives, International Migration, 45(4), 175-201.

Junankar, P, 2005, Do Migrants Get Good Jobs? New Migrant Settlement in Australia, Economic Record, 81(s1), S34-S46.

Johnson, H, 2011, Borders, Migration, Agency: Re-Imagining Global Non-Citizenship in Irregularity.

Momartin, S, 2006, A comparison of the mental health of refugees with temporary versus permanent protection visas, Medical Journal of Australia, 185(7), 357.

Birrell, R, 2004, Australian policy on overseas-trained doctors, Med J Aust, 181(11-12), 635-9.