Australian Guide to Legal Citation: Australia’s Visa System - Bibliography

Internal Code: MAS5294

Australian Guide to Legal Citation

SCENARIO 1 Angela Lee, from Hong Kong, arrived in Australia in 2009 on a student visa. After seven years of full time study she completed a Bachelor of Science/ Doctor of Veterinary Science degrees at the University of Melbourne in December 2016. Angela came to your office today and asked you to help her obtain permanent residence in Australia. You look at her passport and note she just turned 25 and holds a 485 Skilled Graduate visa due to expire on 2 October 2018. She explained that following her graduation, she successfully applied for skills assessment as a Veterinarian and sat for the IELTS test for which she obtained a score of 6.5 in all four elements of the test. She then applied for the 485 visa and was granted it on 2 March 2017. Since then, she has obtained employment with a veterinary hospital in Blackburn, Victoria, as an assistant veterinarian and has been working as such since March 2017. Question:

1. What is the ANZSCO code for veterinarian? Which is the assessing authority for this occupation? Is it on the MLTSSL or STSOL?
2. What are the procedures if Angela wishes to apply for a skilled visa?
3. Based on the information Angela has provided, what would be her score on the points test? Identify each factor and explain why you have allocated the points against each factor.
4. Which skilled visa, if any, would you recommend Angela apply for? Why would you adopt this course of action?

SCENARIO 2 Lily is a citizen of the Philippines. Lily is widowed, her husband having passed away from cancer last year. Lily has two children. Her son Ramos lives in Manila as a successful and wealthy entrepreneur with his own supermarket business. Her youngest daughter, May, is a permanent resident living in Melbourne; having been sponsored by her Australian husband, Steve, on a Partner visa some 2 years ago. May works as a hotel receptionist and is nowhere as rich as her brother. Lily arrived in Melbourne 6 months ago to stay with May who was giving birth to her first child. While the birth of baby, Adam, was successful, May developed preeclampsia shortly after delivery and became paralysed. She is in no position to be able to care for her newborn baby. Her husband, Steve, is a long haul truck driver and had already exhausted all his leave entitlements when his wife became sick. He had also nearly exhausted his savings and cannot stay home infinitely to provide his wife and son the care they need and has no other close relatives in Melbourne who could assist. Question:

1. Sally suggested to Lily that, as the parent of an Australian permanent resident, she should be able to stay in Australia without having to go back to the Philippines. Advise Lily in letter format the types of Parent visas which she may be eligible for without having to depart Australia, and a brief description of the requirements for these types of visas and whether she might qualify.
2. Advise Lily whether she can still apply for the parent visa as her visitor visa has now expired by some 3 months. Also explain the meaning of her various visa conditions and how she may be able to overcome the 8503 condition in particular.
3. Assuming she can obtain a waiver of the 8503 condition and apart from the parent visa, what other permanent visa might you suggest that Lily could be eligible for? Describe the criteria that May, as the sponsor, would need to satisfy for Lily to be eligible for this other visa.