Eligibility and Conditions for Temporary Skill Shortage Visa
It is very fortunate for me that I will have to find out a solution to a problem that you have encountered. I see that you have encountered with certain problems related to the Temporary skill shortage visa.
The subclass 482 Temporary skill shortage VISA is a kind of visa that can help the employers to bring in non-Australian employees in order to remove the skill shortage. Similarly, in this case, the Hyatt Hotel can sponsor you under Class GK subclass 4182 skill shortage visa in order to employ you in their hotel as a foreign employee.
As per the rule, TSS visa holders can are allowed to perform in the domain in which they are selected for. There are three different streams which comprise of their approved sponsor. First one is the short term agreement then the long-term agreement and the final one is the labour agreement.
Now in order to know about the return policy you need to go through the VISA conditions determining the eligibility, period of stay in overseas and the cost. As per the eligibility is concerned one has to achieve the skills in order to go into a selected position by a concern that is approved in a selected domain. Besides, the length of stay, in this case, is from one year to four years and finally, the cost of this visa is 1175 AUD.
From this, it is clear that you can stay in Australia as a worker at the Hyatt hotel from one to four years or depending on the circumstances. If you wish to stay forever with this visa, it may not work.
Besides, there are further conditions based on sponsorship, age, education, skills, language and communication and others.
Regarding sponsorship, you might get this visa if you are selected for a position that is approved. If you apply for a visa your employer or the Hyatt hotel needs to give a nomination form. If Hyatt hotel is an approved sponsor then they are eligible to do this.
Regarding the age, there is no bar. Third comes the English language requirements. You can go for this VISA provided that you have fluency in reading, writing and speaking English language. Such can be determined through language proficiency exams which are similar to English language exams related with Pearson and others. The test has to be completed in three years from the date of application.
Sponsorship
Regarding skill, one has to show that he or she has the necessary skills for getting employed in the selected occupation. You need to show the skills of a chef that you were renowned in China. Such skills can be demonstrated through professional certificates, the licence as a chef, the previous employment details when you have worked in China along with the CV or resume. Moreover, if you are a VISA applicant on a primary stage you need to have two years of experience stating that you have worked as a chef.
Health is another condition. Regarding health, you need to show that you are healthy enough to work overseas. Such can be determined through fitness certificates. Besides, sufficient documents related to health insurance should be possessed while working overseas. You need to have a health cover that is covered by the insurance.
When you accept the nomination you need to have proper health examinations stating the medical history. Such will be given in a medical referral letter. Such health examination can be made through any migration medical services provider. One of them is Bupa Medical Visa services. If the health examinations are conducted outside Australia, health examinations must be arranged by a doctor who provides a health certificate for migration.
Next is the character, the condition character states that one getting the visa must be of a good character through the character tests. The character test will show that you do not have any criminal record or you are not associated with a group that is engaged in anti-social activities. Any sentence in prison or any sort of criminal acts committed in Australia or outside will bar you from getting this VISA. The character certificate involves the police certificates of clearance.
Along with this, there are additional VISA conditions that are related to different streams. In the short-term stream, you can get this skill shortage VISA as a worker in the Hyatt hotel if you have worked as a chef for two years minimum. You are a GTE Genuine Temporary Entrant. If you wish to stay permanently you will not get the VISA.
If you are employed directly by the Hyatt hotel that has sponsored you or any other that is associated with the Hyatt hotel.
Under the medium-term agreement, you may be able to get this visa based on the condition that you have two years of work experience and you are directly employed by you sponsor i.e. Hyatt hotel.
English Language Requirements
Under the labour agreement stream, you can get the visa provided that you are nominated for the occupation that is incorporated in the labour agreement. The nominated occupation i.e in chef position, you should have two years of experience.
This is another problem that I see and with respect to this problem, I find that there are different solutions. In order to know about the migrating agent regulation 1994, you need to be familiar with the principles and values as a registered migrating agent.
At first, a registered migrating agent must have certain personal values like honesty, responsibility, rationality, and consistency. As far honesty is concerned a migrating agent must be honest in his or her dealings. He should not conceal or hide any sort of information to his or her clients. As far as responsibility is concerned, the migrating agent, the agent is responsible to handle all the problems of his or her clients. He should find the best solution to a problem that is the client’s faces. As per rationality is concerned a migrating agent must be rational and consistency. He should make true efforts to give the best migration services.
Next is the attitude. Migration agent should show the good attitude towards clients. A bad attitude can lead to dissatisfaction among clients. Last is the self-awareness. Lack of self-awareness may lead to undesirable behaviour.
On the other hand, you need to know about the rules laid down by the migrating regulations 1994 in part 2. These all represent the code of conduct for a registered migrating agent. These codes determine professional conduct stating that a migrating agent must follow the laws and perform ethically. According to section 314(1), registered migrating agent must not give any other non migrating services. Besides a registered migrating agent must have sound knowledge of the migration laws and should give timely advice. In no way, any advice can be given when the agent is confused or not well-versed. A migrating must ensure that the client does not suffer any loss which is only possible when best services are given.
Along with this, you must know that any registered migrating agent must make initiatives to gain updated knowledge from the current versions of Migration Regulations 1958 and Migration regulation 1994. Moreover, as per part 2, the migrating agent must continue to inform the client about the progress of the application.
Considering the above facts and regulations it is clear that the former migration agent has breached one of the regulations. From your explanation, it is seen that although the previous migrating agent knew that there is no chance of success, still he had lodged the application for Class XA subclass 866 protections VISA. As per as the law a migrating agent must have a sound knowledge and should not proceed when there is a confusion. The previous migrating agent has breached this law laid down by the Migration agents Regulation 1994.
Health and Character Requirements
If the agent was not sure whether the application for Class XA subclass 866 protections VISA would be granted or not he could refer to the updated versions of Migration as per the rule. He should have taken initiatives to take updated knowledge about migration.
As a migrating agent, it should be noted that the cost of provision of the written advice is 200 dollars because two hours are required to complete the letter of advice. As a migrating agent, the obligation in relation to the agreement of charge falls within the financial duties of a registered migrating agent under regulation 8, section 314(1), part 7 of Migrating agent’s regulation 1994, which states that an agent must maintain a separate financial account with a financial institution. The financial account will contain detail about the fees and the operating expenses.
As per as the record keeping and management in part 7 in section 314(1) of Migration regulation, I will have to maintain proper records in a separate file. There are other rules under this section. The records in relation to the charge of 200$must be kept with a financial institution. The record with the financial institution will contain the detail of 200 dollars separate.
Keeping in mind the above laws, I as a migrating agent is obliged to keep a separate financial account with would contain the operating expenses and other expenses.
Moreover as per as the law in part 7.3 under section 314(1), I am obliged to hold in the account the amount paid by you i.e. 200 $ for the agreed work until I have completed the whole work of writing the letter, an invoice has been given to you for writing the letter. You would send me the letter stating the services that I have performed and the requisite fees for each service.
Besides as per as the law in part 7.2, a registered migrating agent must keep the records of the client’s accounts that involves the date and the amount of deposit made. Regarding this, I will have to send you a statement showing the amount of agreed charge of 200 $. Similarly, with reference to this law, it is my obligation to keep a record of the deposits made by you if any. If at any time you provide me the payment of 200 $ after my invoice has reached you I will have to grant it as paid.
Conditions for Different Streams
If I am a migrating agent working as “no win no fee policy” then I will have to keep similar funds amounting to 200 $ in order to repay to you if you are not satisfied with my services. Overall, my obligation is to issue a statement of the invoice to you and keep records regarding the charge of 200 $ for a provision of a letter of advice.
Reference list
TEMPORARY SKILL SHORTAGE VISA (SUBCLASS 482)
Footnote: Temporary Skill Shortage Visa (Subclass 482) (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa-1/482->.
Your Bibliography: Temporary Skill Shortage Visa (Subclass 482) (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa-1/482->
Footnote: Joanna Howe and Alexander Reilly, “Meeting Australia’s Labour Needs: The Case For A New Low-Skill Work Visa” (2015) 43(2) Federal Law Review.
Your Bibliography: Howe, Joanna, and Alexander Reilly, “Meeting Australia’s Labour Needs: The Case For A New Low-Skill Work Visa” (2015) 43(2) Federal Law Review
Footnote: Beryl Lieff Benderly, “Skill Shortage Or Ineffective Hiring?” [2014] Science.
Your Bibliography: Benderly, Beryl Lieff, “Skill Shortage Or Ineffective Hiring?” [2014] Science
Footnote: Beryl Lieff Benderly, “The Immigration Bill And The High-Skill Job Market” [2013] Science.
Your Bibliography: Benderly, Beryl Lieff, “The Immigration Bill And The High-Skill Job Market” [2013] Science
Footnote: “Skill-Shortage Problem Deepens” (1987) 33(4) Electronics and Power.
Your Bibliography: “Skill-Shortage Problem Deepens” (1987) 33(4) Electronics and Power
Footnote: George Eliot, The Mill On The Floss (Open Road Integrated Media, 2016).
Your Bibliography: Eliot, George, The Mill On The Floss (Open Road Integrated Media, 2016)
Footnote: Alan Freckelton and Marianne Dickie, Administrative Decision-Making In Australian Migration Law.
Your Bibliography: Freckelton, Alan and Marianne Dickie, Administrative Decision-Making In Australian Migration Law
Footnote: Migration Agents Regulations 1994 (2018) Legislation.gov.au <https://www.legislation.gov.au/Details/F2017C00943>.
Your Bibliography: Migration Agents Regulations 1994 (2018) Legislation.gov.au <https://www.legislation.gov.au/Details/F2017C00943>
Footnote: Personal Beliefs, Values, Attitudes, And Behaviour – Immigration Advisers Authority Your Tagline Here (2018) Immigration Advisers Authority <https://www.iaa.govt.nz/for-advisers/adviser-tools/ethics-toolkit/personal-beliefs-values-attitudes-and-behaviour/>.
Your Bibliography: Personal Beliefs, Values, Attitudes, And Behaviour – Immigration Advisers Authority Your Tagline Here (2018) Immigration Advisers Authority <https://www.iaa.govt.nz/for-advisers/adviser-tools/ethics-toolkit/personal-beliefs-values-attitudes-and-behaviour/>
Footnote: (2018) Tracking.myvisaonline.com.au <https://tracking.myvisaonline.com.au/Content/Code%20of%20Conduct.pdf>.
Your Bibliography: (2018) Tracking.myvisaonline.com.au <https://tracking.myvisaonline.com.au/Content/Code%20of%20Conduct.pdf>
Codes of Migrating Instance in Migrating Workflow Based on Danger Theory
Footnote: Baohui Li, Fangxi Han and Xiaolin Wang, “An Initiative Mechanism Of Safe-Guarding The Codes Of Migrating Instance In Migrating Workflow Based On Danger Theory” (2012) 2(6) International Journal of Education and Management Engineering.
Your Bibliography: Li, Baohui, Fangxi Han and Xiaolin Wang, “An Initiative Mechanism Of Safe-Guarding The Codes Of Migrating Instance In Migrating Workflow Based On Danger Theory” (2012) 2(6) International Journal of Education and Management Engineering
Footnote: Cost Effctive Australian Immigration. Simplified Processing Of Australian Visa, Australia Travel – National Visas (2018) Nationalvisas.com.au <https://www.nationalvisas.com.au/en/popup/terms-and-conditions/>.
Your Bibliography: Cost Effective Australian Immigration. Simplified Processing Of Australian Visa, Australia Travel – National Visas (2018) Nationalvisas.com.au <https://www.nationalvisas.com.au/en/popup/terms-and-conditions/>
Footnote: MIGRATION REGULATIONS 1994 (2018) Www8.austlii.edu.au <https://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_reg/mr1994227/>.
Your Bibliography: MIGRATION REGULATIONS 1994 (2018) Www8.austlii.edu.au <https://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_reg/mr1994227/>
Footnote: MIGRATION AGENTS REGULATIONS 1998 – SCHEDULE 2Code Of Conduct (2018) Classic.austlii.edu.au <https://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>.
Your Bibliography: MIGRATION AGENTS REGULATIONS 1998 – SCHEDULE 2Code Of Conduct (2018) Classic.austlii.edu.au <https://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>
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