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Australian Visa System

Issue

  • If Peter can have a permanent residence in Australia considering his pending onshore partner visa.
  • If Peter can have any skilled visa under the Migration law.
  • If Peter has choices in applying for the visa without getting sponsored by any employee.

Rule(s)

Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017

Migration Regulations, 1994

Migration Act, 1958

Application

Since no employer is looking forward to having Peter sponsored, there is no scope for an employer-sponsored permanent visa for Peter right now. The GSM visa which is basically considering the scale of the applicant is one of the best choices for Peter considering his current situation where no employer is stepping forward to sponsor him but he has the willingness to get a permanent residence in Australia. There are two different categories of this particular visa. One of them is Subclass 189(Skilled Independent) Visa and the other one is Subclause 190(Skilled Nominated) Visa.

Peter is employed with an occupation of cook which can be considered under the heading of the chef, he is eligible to apply for Visa under Subclause 189. There are various requirements which must be met in order to get this Skilled Independent visa which is of permanent nature[1] and provide the status of a permanent resident of Australia[2]. The first requirement is with respect to age. The candidate must be between the age of 18 and 45 years[3]. Since Peter is 23 and a half year old, he is meeting this criterion for applying for this visa. The other requirements are with respect to lodging and Expression of Interest[4] along with full-length details of skills, qualifications and the nominated occupation[5] via skillselect. After the submission of expression of interest, Peter will be invited for the application of this visa[6] depending on the rank he has occupied. Once Peter got the invitation, you will have 60 calendar days for the application under the subclass 189 which provides for the skilled independent visa. The visa will also require a police certificate stating the good character[7] of Peter along with other documents which suggest that he is meeting the health requirements for the application of this visa. Peter must obtain a total of 65 points on the Australian immigration point-based system to get this particular visa confirmed. He also has to satisfactory performance in the English language abilities test which will be evaluated with IELTS, all other such evaluation exams[8]. It is noticeable that Peter has already scored 7 in the last IELTS test and have faith in himself to score a much higher in the next test which suggests that the path for getting approval of this permanent visa is open to him. With the application of the above-mentioned visa, Peter will have the freedom to live and work permanently in Australia[9]; apply for the citizenship of Australia and even can sponsor relatives for permanent residence.

The other valid visa which will allow Peter to work and get permanent residency in Australia is to apply and get the approval of Subclause 190 (Skill Nominated) visa. This visa will be sponsored or nominated by one of the Australian state or territory[10] and then ultimately allow the eligible family member of an existing citizen of Australia[11] to work leave and have the permanent residence of Australia. Since Peter has his uncle with the permanent residents of Australia, he can be a great help and will lead to expediate this process of getting confirmation for a permanent residence for him as well. The other requirement of this visa is to spend a total of two years in that particular state or territory of Australia where he has his occupation and is looking to have permanent residence. The other requirements are quite similar to the one stated in subclass 189 and consequently requires submission of Expression of Interest[12] along with having a satisfactory performance in the IELTS test. Also, Peter’s Uncle has to meet certain requirements of this visa considerable the health and character requirements to get the approval for the visa of Peter. The age requirement is specified for this visa is to be below 45 years of age at the time when the invitation for the application of this particular visa is issued by the provided state or territory. Peter is thus eligible for this visa. This will allow the permanent residence to Peter along with the permission to work[13].

The other visa which can be a better option for Peter to get a permanent residence in Australia in the situation of distress with his spouse is visa under Subclass 489. This visa demands the applicant to be and working in the state which is going to sponsor him for at least two years from the date the visa is granted. The applicant must be above 18 years[14]. Here, Peter have completed 18 months course and is working from last one year which clearly suggests that he has already completed the first requirement of living and working in the state for a minimum of 2 years[15]. The other requirement is to provide any change which has been made with respect to the residential address for the contact details of the applicant which Peter must have fulfilled. The applicant has to full the requirements of competent English and character requirements as well. This visa is basically a four-year provisional visa[16] which has the ever-mentioned criteria to become fully eligible for the application of a permanent residency.

Conclusion

After the pattern analysis of the conditions and requirements which must be met by Peter in order to get a permanent residence, the most suitable choice is with respect to the application of GSM visa. This visa is either independent or skilled nominated and as far as the conditions officer is considered in this particular case, he is eligible for both visas as he is also in the list of occupations which are nominated by the state and he also has a family member in Australia with the permanent Australian residence.

Apart from these two, he also has the option to apply for permanent residence under the subclass 489. Since he is in Australia from two half years, is eligible to apply for this particular Visa and get the freedom of working in the state after the completion of the four-year provisional visa which will ultimately provide him with the eligibility to apply for a permanent residence. Thus, he has the freedom to choose from any of the above-mentioned visas and work along with a permanent residence in Australia even if his partner is not on good terms and there are chances of expiration of onshore partner visa which has been used by him till now.

Bibliography for Australian Visa System

A. Legislations/ Acts

Clause 189.211 of Migration Regulations 1994.

Clause 189.212 (2) of Migration Regulations 1994.

Clause 189.511 of Migration Regulations 1994.

Clause 190.215 of Migration Regulations 1994.

Clause 190.311(a) of Migration Regulations 1994.

Clause 190.511 of Migration Regulations 1994.

Clause 489.512 of Migration Regulations 1994.

Criteria 4001 of Public Interest Criteria of Schedule 4 of Migration Act 1958.

Criteria 4009 (a) of Public Interest Criteria of Schedule 4 of Migration Act 1958.

Criteria 802.223 Public Interest Criteria of Schedule 4 of Migration Act 1958.

Explanatory Statement of Migration Legislation Amendment (2017 Measures No. 2)

Regulation 1.15C of Migration Regulations 1994.

Regulations 2017

Subclause 189, Migration Regulations 1994.

B. Websites/ Other

Australian Government, Making an expression of interest, (n.d), < https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/make-an-expression-of-interest>

Australian Government, Points table for the Skilled Regional (Provisional) visa (subclass 489) (n.d),< https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-regional-provisional-489/points-table>

[1] Criteria 4009 (a) of Public Interest Criteria of Schedule 4 of Migration Act 1958.

[2] Subclause 189, Migration Regulations 1994.

[3] Explanatory Statement of Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017.

[4] Australian Government, Making an expression of interest, (n.d), < https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/make-an-expression-of-interest>

[5] Clause 189.212 (2) of Migration Regulations 1994.

[6] Clause 189.211 of Migration Regulations 1994.

[7] criteria 4001 of Public Interest Criteria of Schedule 4 of Migration Act 1958.

[8] Regulation 1.15C of Migration Regulations.

[9] Clause 189.511 of Migration Regulations 1994.

[10] Clause 190.215 of Migration Regulations 1994.

[11] Clause 190.311(a) of Migration Regulations 1994.

[12] Ibid 4.I

[13] Clause 190.511 of Migration Regulations 1994.

[14] Criteria 802.223 Public Interest Criteria of Schedule 4 of Migration Act 1958.

[15] Australian Government, Points table for the Skilled Regional (Provisional) visa (subclass 489) (n.d),< https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-regional-provisional-489/points-table>

[16] Clause 489.512 of Migration Regulations 1994.

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