Australian Immigration Daily News

All visas that are issued for “temporary skilled employment” in Australia, familiarly known as “457 visas” include a Condition 8107 which provides that the holder of such a visa must not cease employment for a period of more than 90 consecutive days. A breach of this condition can lead to cancellation of the visa under section 116 of the Migration Act.  And the effect of the cancellation of the primary visa holder’s 457 visa can result in the consequent cancellation of the visa entitlements of members of the visa holder’s family unit (spouse/partner and children) by “operation of law” under section 140 of the Act.

A case that was recently heard before the Migration Review Tribunal – 1417329 (2015) MRTA 150 – (decided on 4 February 2015) illustrates how the cancellation power may be exercised by the Department. The decision also provides some guidance on the kinds of evidence that may be put forward to avoid the cancellation on “discretionary grounds” (either in recent to a notice of intended cancellation that has been issued by the Department or in the context of an appeal against visa cancellation taken to the MRT).

The circumstances of the case were that the visa holder, a citizen of Bangladesh, had been granted a 457 visa to work in Australia as an accountant. Her husband and two young children accompanied her to Australia. The visa holder began work with her “standard business sponsor” in January 2013. However, the sponsoring company went into liquidation in October 2013, and, consequently, the visa holder stopped working for the sponsor. She did not immediately begin looking for new employment with a different sponsor, as the owner of her original sponsoring employer had assured her that he was planning to establish a new business and that he would re-employ her in that business. 

It is a common requirement for many classes of Australian visas that the applicant demonstrate a satisfactory level of proficiency in the English language. This is particularly true in the case of applications involving the skilled migration program.  Indeed, it stands to reason that there would be an expectation that persons seeking to take up skilled employment in Australia would have sufficient English language skills to function effectively in the workplace, and that the substantive requirements of the migration legislation would reflect and embody this expectation.

The evidence that is most usually relied on by visa applicants to demonstrate that they have the required level of ability in English is the “IELTS” (International English Language Testing System) test.

This test is widely administered both in Australia and overseas. The test assesses the English language skills of visa applicants against four “bands”, listening, reading, writing and speaking.  Applicants who undertake the IELTS test are provided with a “test report form” which can be submitted to the Department of Immigration and Border Protection as evidence of their ability in English. 

PAM 3

11.1      Applicability and overview

The section applies to ENS and RSMS nominations lodged under the Temporary Residence Transition stream.

Skilled - Nominated (subclass 190) visa -  Queensland Skilled Occupation List (QSOL)

The Queensland Government provides a limited number of nominations to those skilled migrants who have
an eligible skill and are assessed as likely to provide a clear benefit to the Queensland economy. DIAC eligibility is also a condition of Queensland nomination.

To apply for nomination, applicants must meet all requirements for their nominated occupation.  Each occupation on this list has its own: