Essay Amanda Case Study – A Comprehensive Letter of Advice – Law Assignment Help

Assignment Task:

SCENARIO

You are a registered migration agent and are attending a CPD event. You sit next to Amanda as you have seen her a few times at industry events. You decide to introduce yourself this time.

Amanda quickly asks your opinion on a case as she has not assisted in employer-sponsored visas previously and is confused as to what are her client’s visa options. You explain some possible options and she suggests that you take on the file, because she is also family friends with this client and is finding it hard to manage them as they can be demanding at times.

You quickly agree and Amanda tells you she will send some background information to you via email once the client consents to this and agrees to see you.

You are quite proud of your networking skills as you have possibly secured yourself a new client.

You receive an email from Amanda the next day, an extract is below:

“Hi,

The client, Patrick Macgyver and his business partner, Maxwell, have consented to provide you this information and would like to meet with you this week! They run a successful import/export company – I am not sure if you have seen the small backpacks all the fashionable students wear now but they are responsible for importing them into the country. Business has expanded and their recent turnover was in excess of AUD10,000,000.

They are considering sponsoring two possible employees from overseas: –

1. Belinda, who is a qualified Sales and Marketing Manager with over ten years’ experience:

(a) Is 38 years old

(b) Currently living in New York – met Patrick and Maxwell while on a business trip last month.

(c) Has a husband and two kids under 18 who would migrate with her as well.

2. Greg, who is a qualified Management Accountant with over 6 years’ experience:

(a) Is 32 years old

(b) Currently living in Shanghai – met Patrick and Maxwell while on a business trip last month.

(c) Does not have any kids and is not currently in a relationship.

Patrick and Maxwell will not consider any temporary sponsorship options as I have already informed them of possible sponsorship obligations which would apply if they do. They are of the view that it is unnecessary and a waste of time and are confident that anyone they sponsor for a permanent visa will remain in the company as they treat their employees very well.

They would like to know whether there are any permanent employer-sponsored visa options for their company to sponsor Belinda or Greg. They would like clear, practical advice. I can tell you from firsthand experience that if there are no options, they are happy to be advised of this but do not want irrelevant information. They do not want to know about any other visa options, such as general skilled migration at this stage. If there are any employer sponsored permanent visas, they would like to know the requirements for both the company and the potential employee as applicable to the facts.

QUESTION 1

Prepare a comprehensive letter of advice for Patrick and Maxwell outlining any visa options to sponsor Belinda and Greg and the requirements for both the employer and employee, including what evidence and further information you would require to support the application.

You must support your answers with reference to the specific legislative or regulatory provisions.

SCENARIO Continued

If Patrick and Maxwell can sponsor Belinda and Greg, they want to know whether they can include in their respective employment contracts, a clause that they will deduct 5% of their wages to cover your professional fees and any Department of Home Affairs fees until the total fee is recouped.

QUESTION 2

What would you advise Patrick and Maxwell about their query and why?

Your answers must be supported by references to relevant legislative and/or regulatory provisions.