LML7003 Comparative Migration Law

Migration agent is considered to be the person responsible for providing immigration assistance to those people who are willing to apply for migration to the land of Australia. Here the agent should have a valid registration and professional development requirements as well which helps for ensuring that the agents have the requisite education and understanding to advise the client about appropriate visa options and are familiar with the current laws and procedures while providing advices that stands accurate. All of the visa applications get registered under the Department of Home Affairs (DOHA) [1][1]. In Australia, the registration of the migration agents stands legal if registered under Office of the Migration Agents Registration Authority (OMARA).

According to the given case study ken tan wants to enrol himself into the diploma course of automotive technology and for that he wants to apply for Student Class TU Subclass 500 Visa. The discussion about the procedure details is being listed here.

Ken Tan wants to apply for a visa so that he could enrol in the diploma course by staying in Australia [2][2]. He it can be suggested to him that he can apply for the Student visa (subclass 500) as that allows the candidate to stay back in Australia for up to 5 years with the aim to pursue a full-time study at an educational institution that goes with the enrolment [3][3].

Some other benefits that the visa provides the applicants are:

• Getting enrolled in an eligible study course in line with the application.
• Best to include other family members within the application like any partner, or a dependent child from the applicant or the partner.
• Can be applied through the online mode while being in or outside of Australia
• It allows a working time for up to 40 hours for each period with a 2 - week span once the educational course gets started [4][4].

Here is mentioned all the criteria that makes Ken Tan eligible for the visa application:

• A candidate must be 6 years of age or older
• Registration confirmation from the full-time course needs to be provided from a Confirmation of Enrolment (CoE) under the Commonwealth Register of Institutions and courses for Overseas Students or CRICOS
• Evidence of English language skills need to be shown
• The candidate and the family members, from an approved Australian health insurance provider, needs to be covered by Overseas Student Health Cover (OSHC) for the entire stay length in Australia [4][5]
• Candidates of under the age of 18, must have sufficient welfare arrangements in place while their stay in Australia
• The health and character requirements are to be met
• Need to have ample money for the stay

The application fees related to the Student visa 500 starts ranging from AUD$620 for the main applicant. An extra charge will get applied for each of the family member who applies for the visa along with. The cost of the visa is applicable for all unless the applicant stands under the exemption criteria. Keeping in mind about the current pandemic situation there is a fee waiver applicable for those Students who were unable to complete the course within their original student visa validity and is required to re-apply for the same. Certain other costs might also be required to pay regarding health checks, police certificates and biometrics [6][6].

According to the case study of Ken Tan, he is suggested to apply for the visa under the normal charges and need not apply for Alice as she is a resident of Australia and stays there only although she will be staying along with him.

Next comes the time taken for Processing of the visa application which varies according to the type of sector that have been chosen for education with regards to which the application is being made for. The time limit may vary between:

• Higher Education Sector

75% of applications in 29 days

90% of applications in 42 days

• Vocational Education and Training Sector

75% of applications in 43 days

90% of applications in 77 days

• Non-Award Sector

75% of applications in 4 months

90% of applications in 10 months

Many times, it has been noticed that some visas take longer to process. The reason behind the same is:

• It has not been filled in correctly.
• All the required documents are not been included that stand mandatory or may be some information is required to be provided as well.
• Sometimes the verification process regarding information collected takes longer and hence the late.

Often less paid amount with regards to the visa application hinders the processing well in that case notification is sent from their end to the applicant [7][7].

Genuine temporary entrant is basically an assessment that is carried over the integration of all the applicants who applied for student visa to make sure that they are coming to Australia for temporary stay just to gain excellent education and use the student visa for the specific purpose only and not as a medium to gain residential permit in Australia [8][8].

According to the case of Ken Tan, he is required to produce some more information and documents as well to support his application which are as follows:

• Presenting the case in a precise and honest way.
• Providing demonstration of the commitments to return to home country in terms of family, political situation and else.
• Providing explanation about the university chosen and why so in Australia leaving other countries.

The home affairs department in Australia, will like to verify with all these and get satisfactory answers to make sure about the temporary stay purpose.

When enquiry is made by Ken himself about the prospects, he will have related to success the answer will be very simple that depending upon his choice and the course of study it can be well defined that he will not get dissatisfactory results [9][9]. Moreover, keeping in mind about his wish to stay back in Australia, it can be suggested to him to give his best performance in the exams so that he gets recruited in any of the motor companies in Australia itself and thereon he can apply for extension of the visa or else put a new application for getting residential visa in Australia [10][10].

Being a registered migration agent, I need to focus on my job role too while suggesting him the best possible way out abiding by the Australian laws and legislations as stated. So, when he is pursuing studies, he can continue the same with student subclass TU 5oo visa but later according to his wish he can apply for the residential permit [11][11].

Reference

[1] Grimm, A., 2019. Studying to stay: Understanding graduate visa policy content and context in the United States and Australia. International Migration, 57(5), pp.235-251.

[2] Wright, C.F. and Clibborn, S., 2020. A guest-worker state? The declining power and agency of migrant labour in Australia. The Economic and Labour Relations Review, 31(1), pp.34-58.

[3] Roberts, R., 2021. ‘His visa is made of rubber’: tactics, risk and temporary moorings under conditions of multi-stage migration to Australia. Social & Cultural Geography, 22(3), pp.319-338.

[4] Billings, P., 2019. Regulating crimmigrants through the ‘character test’: exploring the consequences of mandatory visa cancellation for the fundamental rights of non-citizens in Australia. Crime, Law and Social Change, 71(1), pp.1-23.

[5] Johnson, C., 2017. Welcome and concern for new visa system. Australian Medicine, 29(8), pp.4-5.

[6] Australia. Parliament. Senate. Legal and Constitutional Affairs References Committee, 2019. Effectiveness of the Current Temporary Skilled Visa System in Targeting Genuine Skills Shortages. Legal and Constitutional Affairs References Committee.

[7] McLean, J. and Mackenzie, R., 2019. Digital justice in Australian visa application processes?. Alternative Law Journal, 44(4), pp.291-296.

[8] Sá, C.M. and Sabzalieva, E., 2018. The politics of the great brain race: Public policy and international student recruitment in Australia, Canada, England and the USA. Higher Education, 75(2), pp.231-253.

[9] Armellei, R., 2017. Survey of ‘New Italian Migrants’ to Australia; Opportunities and Challenges. Australia’s New Wave of Italian Migration: Paradise or Illusion, pp.79-109.

[10] Phillips, J. and Simon-Davies, J., 2017. Migration to Australia: a quick guide to the statistics-January 2017 update.

[11] Rizvi, A., 2020. Temporary Migration Challenges in Australia (TITLE TBD).

Are you in dire need of assignment help in the UK? Can’t figure out who can help you whenever you find yourself thinking, “Wouldn’t it be great if I could pay someone to do my assignment?” With Myassignmenthelp.co.uk, you can fulfil your desires without any hassle.

Send us your requirements, and our paper writers will take care of your assignment worries quickly. So now, you don't have to worry about, "Where can I find someone to do my assignment for me in the UK?” Instead, let our experts provide you with the best assignment help in London, Bristol, Manchester, Liverpool and more!