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Specialty Foods Australia (SFA) is a producer of general foodstuffs and supplies major supermarket chains with its products. SFA has its main office and plant in Shepparton, Victoria, where it employs some 2,000 staff and has an annual turnover in excess of $20 million.
In an effort to break into the Australian Muslim community, SFA wants to appoint a 'halal certification specialist' to certify its foods as 'halal certified' before being placed on supermarket shelves.
Through a mutual friend, Gary Bischof, general manager of SFA, was introduced to Abdul Aziz, an Iranian national, who is a graduate in Food Technology from Tehran University and has been working for the Iranian government's Ministry of Food for the last 3 years. Abdul is aged 26 and unmarried.
SFA suggested to Abdul that he should come to Australia to discuss his potential employment with the company further. Abdul subsequently applied for and was granted a Visitor (Class FA) (subclass 600) visa in the Business Visitor stream. It carries the visa conditions 8115 and 8201 but does not have the 8503 condition. After arrival, Abdul met Gary Bischof and it was agreed SFA would employ Abdul as its 'halal certification expert' at an annual salary of $56,000 and would sponsor him for a 457 visa for a period of 3 years.
Gary Bischof has come to you seeking assistance in the matter of getting Abdul a 457 visa.
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It is imperative to lay out a summary of facts before analyzing the prospects of the success of Abdul's visa application for Temporary Business Entry visa (Class UC subclass 457). It is important to have an elaborate understanding of the status of Abdul's nationality and his professional experience because his background as a skilled professional is going to heavily weigh on the decision about the visa. It also needs to be noted here that the Temporary Business Entry visa (Class UC subclass 457) is tailored for skilled occupations only and therefore, another major issue for Abdul's application is whether his occupation falls within the particular category recognized by the Australian law.
Abdul is 26 years old unmarried Iranian national. It is essential to keep in mind that the age and nationality of the visa applicant are also relevant for the assessment of his application. The next major factor in determining the success of his application is the educational and professional background of Abdul. He holds a graduate degree in Food Technology from Tehran University. Abdul also has a work experience of three years working with the Iranian government's Ministry of Food. Analysing Abdul's nationality, his professional and educational background, it can be easily said that he would be granted the visa if his application is carefully submitted as per the guidelines of the Australian Government.
With this quaint introduction about the facts and Abdul's profile, the following is an analysis of the questions presented. Firstly, this document would explain the status of Specialty Food Australia (SFA) as an approved standard business sponsor. Further, it would elaborate on the steps involved in the application procedure for a Temporary Business Entry visa (Class UC subclass 457).
To assess the eligibility of SFA as a sponsor for Temporary Business Entry visa (Class UC subclass 457), it is essential to lay out a brief background of its operation. SFA is involved in the production of general foodstuffs and supplies major supermarket chains with its products. It has its main office in Shepparton, Victoria and it employs more than some 2,000 staff members.
The criterion to qualify as an approved standard business sponsor is laid down in the Migration Regulations 1994. Moreover, there are also other rules which specify the eligibility requirements and sponsorship undertakings. As per the regulations, the Department of Immigration and Border Protection has to make sure that SFA is a lawfully operating business. Also, since SFA is an Australian business, it is also required to meet the training requirements set by the Department of Immigration. Now, it can be clearly inferred from the facts that SFA is engaged in a lawfully operating business due to an absence of any adverse information. Also, SFA employs more than 2000 employees and therefore, it has clearly shown a commitment to employ local labor.
Therefore, in light of the analysis of SFA's status presented above, it can be said that it qualifies as an approved business sponsor.
Requirements related to Substantive Visa
The steps involved in the application process for Temporary Business Entry visa (Class UC subclass 457) is given in Migration Regulations 1994. Before, going ahead with the application process, it is important to analyze the current status of Abdul in Australia as per rules under Migration Regulation 1994. Abdul currently holds a Visitor (Class FA) (subclass 600) visa in the Business Visitor stream. However, this visa has been granted to him with two conditions 8115 and 8201. It is also pertinent to mention at this stage that the conditions imposed on the earlier visa do not affect the visa application in a negative manner. Abdul fulfills the primary criteria to apply for the visa as he holds a substantive visa as per clause 457.2 of the Migration Regulations 1994.
