Ms. Shanti Shrestha Case Study – Law Assignment Help

Assignment Task

Scenario
Ms Shanti Shrestha, the Practice Manager of Psychology Clinic has engaged you to provide written advice about employing Maria Stagliorio as a Psychologist on a Temporary Skills Shortage subclass 482 visa (TSS visa).She sent you the following email.
 

Your task
Write a Letter of Advice to Shanti. In your letter you should:
Calculate the government charges for TSS Sponsorship, TSS Nomination, and TSS Visa application charges in these circumstances;
Confirm whether the business meets the Labour Market Testing requirements;
Explain the work rights Maria will have when her bridging visa is enlivened;
Explain whether Maria’s English language score will be sufficient; and
Explain whether Maria needs a positive Skills Assessment.
Note: You can assume that the position is on the Medium and Long-Term Strategic Skills List. There is no Labour Agreement for that occupation. COVID-19 is not relevant to this Practice File – you can assume that the pandemic does not exist.

You must cite the relevant primary authority for all your answers.
Guidance on writing a Letter of Advice:
When writing a Letter of Advice, approach it like any other legal problem that needs to be solved. Identify the relevant law and/or policy and apply it to the client’s situation. Identify the relevant law and/or policy and apply it to the client’s situation. Explain this to the client in a way the client will understand. Don’t use jargon and don’t refer the client to legislative provisions. Using the template provided will help ensure that you set out your file note in a logical format. Using the IRAC method will assist you to show how you reached your conclusion
Submit Practice File Task 3A – Written component
You must submit Practice File Task 3A – Written component twice:
1) submit to Canvas through Turnitin (see instructions below)
2) submit sections of your letter to the PF Task 3 quiz (see instructions below)

The content you upload in answer to the quiz questions should be identical to that contained in the letter you have uploaded to Turnitin. If you wish to receive feedback on your letter, you need to upload it to the PF Task 3 quiz by the due date. 
Dear Immigration Advisor
Your client agreement has been signed and your fees paid for a Letter of Advice. Your receptionist confirmed it by email yesterday.
Thanks again for the phone call last week. We spoke about our situation in the call. We thought it best to tell you again in this email to make sure that you have everything you need to know in order to advise us about the Temporary Skills Shortage visa processes. You mentioned other potential options like subclass 494 and subclass 186 but for now please focus only upon the TSS visa. I used to have a 457 visa so I want to know whether a 482 visa will be suitable for us. We’re thinking about engaging you for a Letter of Advice about the other visa options, but let’s talk about that after we’ve covered the TSS visa option.
We have never had to sponsor anyone for a visa before. We will rely upon your advice before we decide to move forward. Please let us know if anything in our plan could be problematic.
As you know, our clinic is located in Geelong, Victoria. We have a turnover of about $1.8 million per year. We’ve been operating for about ten years. Our company name is Geelong Psychology Pty Ltd and we trade under the business name “Geelong Psychology Associates”. We have 12 employees, of whom 8 are registered Psychologists and the others support staff. Overall, our business has done well, but if the government reduces expenditures on health care, it can make a huge impact upon us. We reduce business risk by using a 2 year business plan, which is updated every year. 
Like other businesses, we have employee turnover. We lose one or two Psychologists every year because of retirement, or because they move away, or they decide to change careers or whatever. We sometimes have to fire people if they don’t fit in. We had to let one of our psychologists go last week. They were made redundant because of their inconsistent work performance and their last day was last Friday. That makes it even more important for us to be able to be clear on the TSS visa process and get things started.
We have always had trouble trying to recruit psychologists to work with us. We would hire two full-time psychologists today if only we could find them! I think we comply with the “Labour Market Testing” requirements because we advertise every three months on a famous Australian website for people that are looking for work. We get enquiries, but not very many. They reply from all over Australia. But despite making contact, very few candidates are willing to relocate here. Some demand unreasonably high salaries – far higher than what they would be paid in Melbourne or Sydney, and higher than what we pay our most experienced practitioners.
We were delighted when Maria Stagliorio responded to the advertisement that we placed last month. We’ve already had a couple of interviews with her, and everything is progressing well so far. We are prepared to offer her a 2-year employment contract as a psychologist, to be employed in our clinic. If we sponsor her for a 2-year visa, at least we’re guaranteed that she will work with us for at least that long. If everything turns out well, and we can sponsor her for a permanent visa. We’ll decide that later.
Maria has agreed to our standard terms of employment. She will be paid $85,000 per year, which is the same as our Australian psychologists with her level of qualifications and experience.
We have done some initial research and have confirmed that the occupation is on the Medium and Long Term Strategic Skills list.
Maria says she could get a visa for four years if we offer her a four year contract instead of only two years. She has offered to pay for the government charges for the Sponsorship, Nomination, and Visa out of her own pocket if we agree to a four-year term. We were only thinking about two years for now as that fits best with our business plan. We might agree if the cost savings are worth it. Please calculate the government charges for Sponsorship, Nomination, and a four-year Visa application. We currently plan to pay for everything, and by knowing the total outlay of the governmental costs, we’ll have a better idea of whether to agree to her proposal.
We also have some questions about Maria’s right to work on a bridging visa. Maria first came to Australia on a student visa to study English. After she got here, she applied for a second student visa, and she has two months remaining on her studies. We checked VEVO and she has three months left before her visa expires. As soon as she finishes her studies, we want to employ her full-time. Can Maria work full-time for us after her student visa expires? We already know that she would need to lodge the TSS visa application prior to the expiry of her current Student visa.
Also, she told us that she did the PTE Academic test two years ago and scored 69 in listening; 68 in reading; 64 in writing; and 59 in speaking. Her overall band score was 66. Is this going to be an issue? Obviously, she needs to score high enough to get the visa.
Maria asked us to check with you whether she needs a Skills Assessment, or anything like that. She said some visas require a Skills Assessment and some don’t. She might get one to be on the safe side, but if she doesn’t need it for the TSS visa then she would rather save the costs.
Kind regards,
Shanti