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(a) Are there any English language requirements for the 457 visa? What would Wang need to achieve in the English language test to qualify for the 457 visa? Are there any exemptions?

18 / 01 / 2019 MIgration law

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David Wang works as a chef in a Hong Kong hotel. Wang always wanted to come to
Australia. Jimmy Tran, owner of a restaurant in Melbourne, was visiting Hong Kong and
staying at the hotel. By chance Tran met Wang at one of the times that he was dining at the
hotel’s restaurant. They got talking and Wang told Tran he would dearly love to come to
work in Australia. He has heard of a visa called the 457 and asked if Tran might be
interested to sponsor him for the visa. However, Wang says his English is not good, would
that be a problem?
(a) Are there any English language requirements for the 457 visa? What would Wang
need to achieve in the English language test to qualify for the 457 visa? Are there any
exemptions?
After some toing and froing, Tran finally told Wang he does have an opening for a chef at his
restaurant and he would be prepared to sponsor Wang for a 457 visa on the premise that
Wang would pay him $30,000 in exchange for being sponsored.
(b) If Wang and Tran agreed to go ahead with this arrangement, would they have
breached any part of the Migration Act? What would be the penalty if they are found
guilty?
As things turned out, the ‘deal’ did not go ahead, as Wang had asked his wife Ada for her
opinion and she told him he must not agree to Tran’s proposal because it was ‘against the
law’. Ada, who was working as a paediatric nurse at Queen Mary Hospital (QMH) in Hong
Kong, said if Wang was so keen to go to Australia, she will try to apply for migration using
her nursing qualifications.
(c) If Ada is to apply for migration to Australia under the skilled visa, what would she
need to do before she can make an application?
(d) What is the ANZSCO code for Ada’s occupation of paediatric nurse? Which is the
assessing authority?
Ada is aged 33, and obtained her Bachelor of Nursing degree from Birmingham University
(UK) before returning to Hong Kong and commencing work at QMH. She has now been
working at QMH for over 5 years. Ada also sat the IELTS test and obtained 6.0 in all 4 test
components. Ada has never been to Australia, but she has a sister who is an Australian
citizen living in the Melbourne suburb of Wantirna, who told Ada she will gladly sponsor
them for migration if necessary.
(e) How many points would Ada be likely to score on the points test? Would she pass?
Would her score affect which visa she should apply for?
(f) Apart from her husband David, Ada also has a son Albert, aged 10. What is the visa
application charge that Ada would need to pay?


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