1. Clearly and concisely explains whether the visa criteria are met
2. Accurately identifies and cites the law, policy and/or ethics relevant to the facts provided
3. Justifies answers by clear reference to the relevant facts, identifying logical assumptions made about the facts in answering questions, including further information that may be required
4. Clearly identifies and discusses the issues raised by the facts.
5. Presents information clearly and logically in a businesslike manner.
Marcos de Cunha is a Portuguese chef who has worked at the Michelin star Restaurant du Madeira in Lisbon for about ten years. Marcos is now aged 36, married with 2 sons, aged 10 and 6. Marcos’ wife Carmen works as a kindergarten teacher in Lisbon.
During a trip to Australia to attend the annual Melbourne Food and Wine Festival, Marcos happened to meet up with Rodrigo Hernando, owner of Hernando’s Hideaway Restaurant in Melbourne. Rodrigo told Marcos that he is looking for a chef for his expanding business at the Crown Casino complex and asked whether Marcos may be interested to work for him on a temporary working visa. At first Marcos was hesitant as he would have preferred the offer of a permanent job, but Rodrigo assures Marcos that after a couple of years, if he is as good as the Michelin people say he is, there will be opportunities for permanent employment and at an offer of $85,000 per year, it does not take long for Marcos to accept the offer.
After Marcos returned to Lisbon to prepare for his move to Australia, Rodrigo comes to see you. You have just attained your registration as migration agent. Rodrigo informs you that he has not previously sponsored anyone on a working visa and had, in the main, relied on employing students doing cookery courses in Australia to work part-time. But, as his restaurant business is expanding, he thought he should employ a good chef on a full-time basis. Rodrigo asks what are the requirements if he wishes to sponsor Marcos on a Temporary Work (Skilled) (subclass 457) visa to work in his restaurant. Rodrigo also asks if Marcos’ family can be included in the visa application.
Prepare a letter of advice for Rodrigo Hernando, explaining in simple terms what needs to be done by him and by Marcos (and his family) to meet the criteria for the grant of a Temporary Work (Skilled) (subclass 457) visa.
Your answer must be supported by reference to specific provisions in the legislation.
(Maximum Word Limit: 750 words)
Marcos de Cunha eventually succeeded in obtaining a Temporary Work (Skilled) (subclass 457) visa for himself and his family and they arrived in Melbourne where Marcos commenced working for Rodrigo Hernando at his restaurant. Marcos’ two children were enrolled in Melbourne Grammar and his wife Carmen soon found a job at a local kindergarten.
Everything went well until Marcos’ Temporary Work (Skilled) (subclass 457) visa was about to expire. As permanent residence had always been his intention, he asked Rodrigo to sponsor him for a permanent visa. By this time, President Trump’s economic measures of ‘America First’ had started to affect international trade and Australia was also starting to feel the downturn effect with a noticeable decline in tourism. As a result the Hernando’s Hideaway Restaurant was also starting to feel the pinch. In order to get more funds to finance the restaurant’s cash flow, Rodrigo
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offered to sponsor Marcos for a permanent visa if Marcos would pay him $85,000 in exchange for the sponsorship. After all, said Rodrigo, it means Marcos would need to forego only one year’s salary in return for the most generous offer of permanent residence.
a. If Rodrigo and Marcos agreed to this arrangement, whereby Marcos would pay Rodrigo $85,000 in return for sponsorship for a permanent visa, have either of them committed any breach of the migration legislation? And are there any penalties for such breaches?
Following some consideration and especially after his wife Carmen informs him he must not do anything silly, Marcos finally declines Rodrigo’s proposal and decides to quit what Carmen describes as a business run by a ‘most dishonest and fraudulent person’. At this point, Marcos still has a couple of months left on his Temporary Work (Skilled) (subclass 457) visa. But as permanent residence has always been his intention, he has not given up on the thought of finding another restaurant who may be interested in sponsoring him.
b. In this instance would Marcos be expected to depart Australia? If he left his employment prematurely, is he permitted a certain period of time to seek alternate employment?
Because of his Michelin standing, Marcos was signed up relatively quickly by Pedro Stefano, who runs a top-grade restaurant in Mildura. They soon reached an agreement where Pedro would sponsor Marcos for a permanent (Regional Sponsored Migration Scheme) (subclass 187) visa. Marcos comes to your office and asks what is a (Regional Sponsored Migration Scheme) (subclass 187), and the requirements and procedures for him to apply for the visa.
c. Advise Marcos as to the requirements for the Regional Sponsored Migration Scheme (subclass 187) visa in relation to his situation.
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