2819 Australian Migration Law | Assessment Answers
Questions:
Case Study
Sally Hoffman is a Canadian citizen.
On 1 April 2018, Sally was granted a subclass 482 (Temporary Skill Shortage) visa (“482 visa”) which expires on 1 April 2022. Sally’s 482 visa is subject to conditions 8501 and 8607.
Sally applied for her 482 visa in order to work as a Management Consultant for Telfox Pty Ltd (“Telfox”), a large Australian company which sponsored her for this visa. Sally has been working there since 15 April 2018 until the present.
Shortly after arriving in Australia, she also decided to try her luck at applying for a permanent visa on her own and submitted an ‘expression of interest’ with the Department of Home Affairs (“the Department”). To her surprise and excitement, Sally received an invitation from the Department to apply for a subclass 189 (Skilled – Independent) visa (“189 visa”) on 1 September 2018.
On 1 October 2018, Sally applied for a 189 visa while in Australia. Shortly after applying for this visa, Sally received a letter from the Department indicating that she had been granted a subclass 010 (Bridging A) visa (“BVA”) which is not subject to any visa conditions.
Sally is now considering resigning from her job at Telfox as she wishes to take a break and pursue a career change. The Department has not yet made a decision on Sally’s pending 189 visa application.
Sally comes to you for immigration assistance with the following questions:
- If Sally were to quit her job at Telfox next week and remain unemployed, could this adversely affect her ability to lawfully remain in Australia?
- If Sally’s 189 visa is granted, what would happen to her current 482 visa and BVA, if anything?
Answers:
1.
Sally holds a 482 subclass visa (Temporary Skill Shortage) currently, sponsored by her employer Telfox Pty Ltd. This subclass visa requires a person holding it to be skilled enough to fill a vacant position of a skilled labour which cannot be filled by an Australia at that moment due to shortage or otherwise. It allows a person to stay in Australia for a period of one to four years which depends on the particular occupation the applicant is in. The specific term of the visa would depend upon the application of the employer pertaining to the requirement of the employer. The visa would be applicable to the employee as long as she works with the employer who is sponsoring the visa[1].
Sally applied for a 189 subclass visa (Skilled Independent), a Permanent Residence (PR) visa to settle down in Australia without depending on her employer after she leaves her job. This visa, on the other hand is not sponsored by an employer or a family member. It is granted on the terms that the applicant is a skilled independent (points-tested) individual who needs to score at least 65 in the points test and require proficiency in English[2]. The processing time of the acceptance or rejection of the visa would vary from case to case[3]
While the processing of the PR visa was going on, Sally was granted a 010 subclass visa (Bridging A) or a BVA. This visa is automatically granted to applicants who have applied for a substantive visa and are not yet granted or rejected of such application. This is a temporary visa that would allow Sally to stay in Australia even after her current substantive visa has expired and the applied substantive visa is in processing. It allows the applicant to stay in Australia lawfully until the application of the substantive visa is given an effect of acceptance or rejection. Bridging visa applies as soon as the current substantive visa expires[4].
Therefore, it can be concluded that Sally would be eligible to stay in Australia even after she resigns from her present job that sponsors her current substantive visa as the BVA would support her further stay in Australia until her application is accepted or rejected.
2.
A soon as Sally is granted the 189 subclass visa, the other two temporary visas (482 subclass and the BVA) would come to an end immediately as per the regulations laid down under 010 subclass visa, regulated by the Ministry of Home Affairs of Australia.
Sally would be liable to act according to the rules and regulations under the 189 subclass visa.
Bibliography
Government websites
Bridging Visa A - BVA - (Subclass 010) (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa-1/010->
Processing Times Vary (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/Visas/supporting/Pages/processing-times-vary.aspx>
Skilled Independent Visa (Subclass 189) (Points-Tested) Stream (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa-1/189->
Temporary Skill Shortage Visa (Subclass 482)(2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa-1/482->
[1] Temporary Skill Shortage Visa (Subclass 482) (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa-1/482->.
[2] Skilled Independent Visa (Subclass 189) (Points-Tested) Stream (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa-1/189->.
[3] Processing Times Vary (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/Visas/supporting/Pages/processing-times-vary.aspx>.
[4] Bridging Visa A - BVA - (Subclass 010) (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa-1/010->.
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