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  • Subject Name : Law

Question No.1

  1. The visa and children are most likely to have acquired a TSS 482 dependent visa i.e., the person holding a Temporary Skill Shortage Class GK Subclass 482 visa, can also refer his spouse and other family members; who rely on him and those people can thereof, acquire Temporary Skill shortage Subclass 482 dependent visa. It is governed by the Migration Act 1958 and the Migration Regulations 1994. Regulation 2.12 of the Migration Regulations 1994 outlines the eligibility criteria for the dependent visa. This provision specifically includes spouses, family members including any other person who is willing to join the main Temporary Skill Shortage Visa Holder. This provision generally pertains to the definition of “member of the family unit”. Therefore, Hans’ wife and children are likely to hold the Temporary Skill Shortage Dependent Visa.
  2. Australian immigration law and regulations apply to the Temporary Skill Shortage (TSS) visa (subclass 482). The Migration Act of 1958 and the Migration Regulations of 1994, in particular, serve as its guidelines. These rules and regulations describe the requirements, restrictions, and eligibility standards for the TSS visa, as well as the various streams, sponsorship obligations, and the privileges and immunities of visa holders.

In Australia, these laws and regulations are managed and upheld by the Department of Home Affairs. They offer comprehensive information and direction on the TSS visa, including application procedures, visa requirements, and any program updates or adjustments.

The Conditions that would be found on Han’s Visa are:

  1. Sponsorship by the Employer: while working in Australia you must be working actively for the employer who has sponsored your visa. If the visa holder desires to change the employer he should make a fresh application for the Temporary Skill Shortage Visa.
  2. Occupation: as per the visa condition you must be pursuing the same occupation which has been mentioned in the visa application.
  3. Temporary Stay: the Temporary Skill Shortage Visa is allowed to the specific person for a particular or temporary time period and therefore, it only allows the visa holder to work for the current employer or sponsored employer for a particular time period. This visa can only be granted maximum to a time period of 4 years therefore, the stay of the visa holder in Australia will be valid for only 4 years.
  4. Salary and Terms of Employment: The Temporary Skill Shortage Visa is given based upon the terms and conditions of the employment and the salary determined by the employer. The visa holder’s salary must be according to the Australian Labor laws and should be determined by the Australian market salary rate.
  5. Work Conditions: Certain work-relating conditions are also laid down on the Visa Holder such as “no work, no stay” condition this means that the person given the Temporary Skill Shortage Visa should keep working. Their visa should be valid until they keep working,
  6. Mandatory Compliance with Visa Conditions: the visa holder must comply with all the mentioned conditions including additional conditions mentioned in the visa grant notice.
  7. No access to social welfare: Visa holders will not be available for any sort of social security or welfare benefits in Australia.
  8. Family Members: if the family members are also a part of the Temporary Skill Shortage Visa then, they are also eligible for the same conditions. 
  • The conditions that should be found on Freida’s visa who is holding a dependent visa due to Hans’ TSS Visa are:
  1. No Work Restrictions: People with dependent visas can typically work as much as they want in Australia. They are not required to hold a particular job or be sponsored by an employer.
  1. No Study Restrictions: People with dependent visas can often study in Australia. However, the particular requirements for studying may differ, therefore it's crucial to review the visa grant notification for any requirements pertaining to studying.
  1. Health Insurance: People with dependent visas are frequently obliged to obtain sufficient health insurance throughout their visit to Australia. The principal visa holder (sponsor) or an individual may make arrangements for this.
  1. Compliance with Visa Conditions: Dependent visa holders in Australia must abide by the restrictions imposed by their visas. These requirements must be followed in order to avoid the revocation of your visa or other negative outcomes.
  1. No Access to Social Welfare: Australians with dependent visas typically aren't eligible for the majority of social welfare programs.
  1. Family Unit: Family members of the primary TSS visa holder, such as wives or partners and dependent children, are often eligible for dependent visas. All family members listed on the application are subject to the visa's terms.

Question No. 2

  1. For people who are in a committed partnership with an eligible Australian citizen, permanent resident, or eligible New Zealand citizen, the Partner Visa (Subclass 820/801) is a type of Australian visa. With this visa, the applicant and their partner are able to reside, work, and study in Australia. While the Subclass 801 is a permanent visa, the Subclass 820 is only valid temporarily. One can only apply for the Partner Visa (Subclass 820/801) if he/she is married to any Australian Citizen or is in a de facto relationship with the Australian Citizen. The Applicant of the Partner Visa and his partner must be able to demonstrate the sincerity of their bond. However,  If the connection with the primary TSS visa holder ends because of deportation or other factors linked to the offense, the dependent visa holder's eligibility to apply for a Partner Visa (Subclass 820/801) may be impacted. A real and ongoing relationship with an eligible sponsor, such as an Australian citizen or permanent resident, is required in order to submit an application for a partner visa. However,  Freida can still apply for the Partner Visa if she is able to show a sincere relationship with another man who is an Australian Citizen or if she marries an Australian Citizen.
  2. Yes, the advice to Frieda would differ if she stated that she had gotten a notification relating cancelation of the visa.  If the relationship with the primary TSS visa holder ends due to deportation or other circumstances resulting from the drug-related offense. Depending on their unique circumstances and qualifications, they may need to look into alternative visa options if they want to stay in Australia, such as student visas, work visas, or skilled migration visas. So, Frieda can apply for a student visa, work visa, and partner visa showing that she is not related to offenses committed by the partner and is sincere towards Australia. 

Regulation 2.12, Migration Regulations 1994

Department of Home Affairs, Australian Government < https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482/medium-term-stream>

John Bui, ‘Australia: Requirements for 482 Visa’ JB Solicitors <https://www.mondaq.com/australia/work-visas/1292958/requirements-for-482-visa>

Australian Skilled Migration, 482 Family Visa <https://www.australianskilledmigration.com.au/482-family-visa/#:~:text=you%20live%20together%20or%20do%20not%20live%20separately%20on%20a%20permanent%20basis.&text=a%20dependent%20child%20of%20a,1%2C%202%20or%203%20above.&text=All%20family%20members%20must%20meet,16%20must%20provide%20police%20clearances.>

Visaenvoy, ‘Adding a Spouse or De Facto to TSS 482 Visa’ <https://visaenvoy.com/adding-spouse-de-facto-457-temporary-work-visa/>

Y Axis, ‘Partner Visa Subclass 820 & 801’ < https://www.y-axis.com.au/visa/work/australia/partner-visa-subclass-820-801/>

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