Highlights
QUESTION 1
You are a registered migration agent, and your employer has left the office to play golf. A client, Sydney Restaurant Suppliers (SRS), calls you urgently to seek some advice. This client is an important client of the agency and has previously sponsored many individuals for a Class GK Subclass 482 Temporary Skill Shortage visa. During the COVID pandemic, SRS has suffered a significant decline in revenue, and it is proposing to lay off half its workforce. One of the employees being retained by SRS is presently on a Class GK Subclass 482 Temporary Skill Shortage visa. He has agreed to refund part of his wages to SRS in return for SRS agreeing to sponsor him for a Class EN Subclass 186 Employer Nomination Scheme visa. Further, SRS has agreed that although he has been performing duties that is not commensurate with his position description, SRS is willing to certify that he has been performing the duties that he has been nominated for. As this is a complicated matter, you said you will revert to SRS before the end of business today. SRS wants the following issues addressed:
1. Can you assist with the lodgement of the Class EN Subclass 186 Employer Nomination Scheme visa application as the registered migration agent? You are required to consider both the ethical and legal ramifications.
2. Are there any consequences for both SRS and the employee in terms of the existing 482 visa including nomination and sponsorship and the potential 186 visa application, assuming it is lodged?
QUESTION 2
Assume you are a registered migration agent and have been in practice for 6 months. Most of the work that you have been doing has been assisting with student visa and some resident return visa applications. You have noticed a significant increase in the number of clients requesting information and assistance in the business skills area of which you have limited experience.
In light of the above facts, consider what areas require further professional development. How are you going to achieve those objectives, both, from a practical standpoint and in terms of self, external and peer assessment?
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