LAWS6195 IMMIGRATION AND LABOUR LAW Semester 2 2021 Suggested research paper topics As part of the assessment of this unit of study, students are required to write a research paper of 6,000 words...

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CRITIQUING THE OPERATION OF THE 482 VISA TEMPORARY MIGRATION SCHEME
Executive Summary
It can be stated that the 482 visas temporary migration scheme was the main topic for this assignment and it has been observed that this visa has some significant advantages, however, the disadvantages outweigh the advantages to a great extent as witnessed in this research paper. One of the greatest sufferers of the 482 visas temporary migration scheme is the migrant workers as always. According to a portion of the researchers, it has been expressed that many individuals think about this visa as a mechanism of working
iefly in Australia. It is needless to say that, with this visa individuals will want to concentrate however they will not be getting any sort of help from the public authority, individuals will want to go to just as from Australia additionally as they need while the visa is substantial alongside it assuming individuals are qualified then they will want to apply for the long-lasting residency in this country moreover. It very well may be expressed that as the 482 Visa conspire accompanies a lot of chances for the renewal and with the chances for the laborers as far as applying for the permanent residency provided that they are qualified for doing as such. Thusly, it very well may be off-base for considering it an impermanent traveler work conspires. Therefore, it tends to be likewise portrayed as a super durable movement program; nonetheless, one varies from the conventional program in that the representatives are very reliant upon the individual employers. Nonetheless, it doesn't diminish yet build up the whole contention as far as the need of meeting the difficulties of the 482 Visa plot. However, at the end of this research paper, some of the basic changes have been recommended in terms of this particular visa scheme.
Research paper topic 1
Introduction
This paper will revolve around the central topic that is the 482 visa and the changes that are required in this visa after observing its flaws. It is needless to say that there are some eligibility requirements in terms of applying for the Temporary Shortage Visa such as One have an occupation on the Consolidated Skilled Occupations list, one may have been nominated for a job position by an Australian employer that wants to recruit one to work for them, an individual must have at least 2 years in terms of work experience in the occupation, one has relevant skills and qualifications for the occupation, one can DHA requirements for good health and character, one have the excellent vocational ability of the English Language and also if one is in Australia and they have a substantive visa or
idging visa A, B or C, as well as one, have complied with the visa condition. However, one must know that before one applies for a TSS visa, their proposed employer needs to lodge a nomination application for them. They may have the option to do this in case they are a sponsor in terms of approved or have essentially stopped an application to turn into standard business support. To see whether an individual (the proposed business) can turn into an approved sponsor one might present enquire the same. All of the sponsoring firms must pay the super to the workers all the time as well as also provide them with a payslip every pay which highlights that the tax is paid along with it super is also paid. If the workers have any concerns in terms of their super then they must contact the super fund and then have a discussion with them.
Literature review (Body)
Overview of 482 visas temporary migration scheme
It can be stated that the 482 visas temporary migration scheme is a work visa that tends to allow Australian employers to sponsor an individual from overseas for working in their business concerning Australia. However, it is the type of work visa that is introduced in the year 2019 and it also directly replaced the Temporary Work Visa subclass 457 which is abolished by DHA. Throwing light on the above-mentioned discussion it can be stated that if an individual has skills for filling up a job position with an Australian employer who is looking to recruit then they must be eligible for the TSS visa. On the other hand, as per the researchers, 3 major streams are connected with the TSS Visa as The Medium-Term stream, The Short-Term stream, and also The Labour Agreement stream. One has the right of choosing the stream that concerns them by alluding to the Consolidated Skilled Occupations List. Assuming their occupation makes them qualified under the transient stream, the greatest period that their TSS visa will be endorsed for is two (2) years. Assuming again that their occupation makes them qualified under the medium-term stream, the most extreme period that their TSS visa will be endorsed for is four years[footnoteRef:1]. [1: D Griswold, J Salmon. Is the United States Keeping Pace in the Global Competition for Skilled Talent?. (2019 Oct 17).
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As per some of the scholars it has been stated that there are a lot of people who consider this visa as a medium of working temporarily in Australia. However, with this visa people will be able to study but they won’t be receiving any kind of assistance from the government, people will be able to travel to as well as from Australia also as they want while the visa is valid along with it if people are eligible then they will be able to apply for the permanent residence also. Arguably, it can be stated that the 482 Visa scheme comes with a lot of opportunities for renewal and also with opportunities for the workers in terms of applying for permanent residency only if they are eligible for doing so. Therefore, it might be wrong for calling it a temporary migrant labor scheme. Moreover, it can be also characterized as a permanent migration program; however, one differs from the traditional program in that the employees are quite dependent on the individual employers. However, it does not detract from but reinforces the entire argument in terms of the need of meeting the challenges of the 482 Visa scheme[footnoteRef:2]. On the other hand, the 482 Visa scheme is loosely connected to globalization, but it is extremely clear that the decisions of the policy play the main role. The incoming Labour government in Australia has also offered a few innovative reforms but it has not at all confronted the entire set of challenges posed by the present operation in terms of the scheme. It has been also observed that similar to the other advanced industrial societies, Australia has also experienced a rise at present concerning temporary migrant labor. One of the most vital tools in terms of regulating the flow of migrant labor is the 482 Visa scheme. It is an example in terms of the employer-driven scheme. [2: E Canini. Long-term temporary migration: Evolution of a new reality in modern Australian society. (Altreitalie. 2019 Jul 1) (59).
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The permanent migration program was mainly designed for boosting consumption as well as feeding booming labor markets and also the majority of immigrants consisting of the people who had not been employed in their source country and found themselves in the paid work. However this occasionally involved abuse of abilities,
Because of the inability to perceive capabilities acquired a
oad, the general impact as far as friendly joining was positive. On the other hand, permanent migrants were qualified for a moderately full scope of social and political privileges. Some immigrant ladies from a non-English talking foundation (NESB) were restricted to minimized positions, for example, clothing outwork, however, most of the outsiders in the long stretches of the after war blast were coordinated into the core of the common laborers, where they were ensured by thorough honor conditions and association membership. Migrants came to partake effectively in associations, regularly molding unmistakable constructions and types of activity. The immigrant's compass of source nations, the inescapable obligation to pioneer movement, and the fast joining of outsiders into standard positions added to the generally recognized accomplishment of the post-war immigration program.
In some of the cases, the sponsors are required for notifying the Sponsor Notifications, consisting of expected or cessation of a primary sponsored individual’s employment, an alteration to their work-related duties, the appointment of a new director, or if the legal entity of the sponsor tends to cease for existing. It is needless to say that as per a lot of researchers it has been already stated that it is an absolute necessity for the sponsors for providing evidence that they are mainly complying with the Australian Industrial Laws, levels of remuneration as well as the conditions of employment, sponsorship status tends to allow certain personal information on the sponsored individual to be disclosed to the sponsor[footnoteRef:3]. [3: C DS. COVID-19: Migrant workers face joblessness and visa restrictions. (Green Left Weekly. 2020 May) (1263):1-4.
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It is defined by a regulatory body that the discriminatory practices toward the recruitment practices that indirectly or directly discriminate against an individual based on the citizenship or status of the person, other than a practice that is considered for complying with Te
itory, Commonwealth, or the State Law. That is the abuse of the 482 visas temporary migration scheme for hiring overseas workers without regard toward the availability of Australian citizens or even permanent residents. However, it is needless to say that discrimination can be either indirect or direct. Direct discrimination is when an individual or a group of individuals is treated less favorably when contrasted with another group or person as their characteristics or background is different. For instance, when a sponsor tends to hire and interview individuals of a certain status of visa, as well as disregarding all of the other applicants despite having similar qualifications. On the contrary, indirect discrimination is something where there is an unreasonable policy or rule that is similar for everyone but has an unfair effect on the individuals who tend to share a specific attribute. In a nutshell, if the sponsor is found to be engaged in discriminatory recruitment practices then they will be receiving a cancellation or bar in terms of their sponsorship approval. The obligation mainly came into effect from 2016. Some of the most notable changes that are observed in the 482 visas temporary migration scheme are compulsory criminal checks have become necessary, English Language requirements are tighter, the validity periods are even shorter than it was expected earlier, the residency period toward the transition to the permanent residency has extended from 2 to 3 years, the applicants are required to transition to the permanent residency needs to be under 45 years, sponsors that are mainly sanctioned for non-compliance with their obligations of the sponsorship will be named publicly as well as the Department of the Home Affairs as well as the Australian Tax Office will be sharing Tax File Numbers in terms of the skilled workers from the overseas[footnoteRef:4]. However, the present 457 visas will be remaining in effect along with it these through holders will be able to access the new pathways toward permanent residency. [4: R Kessels. COVID-19 impacts on immigration law and policy. (LSJ: Law Society of NSW Journal. 2020 Jul) (68):72-3.
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Critiquing the 482 visas temporary migration scheme
There are some of the main reasons that will highlight the fact why as a researcher by the Migration Research Institute I would be critiquing the operation of the 482 visas temporary migration scheme from the employer’s point of view. Firstly, the TSS visa tends to have two different streams which have various occupations lists, fees along with requirements. In terms of the Short-Term Stream that will be valid for up to 2 years as well as the applicants must nominate an occupation on the Short Term Skilled Occupations List. The Long-Term Stream will be legitimate for as long as 4 years, and the occupation should be on the more limited Medium/Long Term Strategic Skills List (MLTSSL)[footnoteRef:5]. This stream is for all the more profoundly pursued...