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Migration Agents Capstone study materials
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Migration Agents Capstone practice questions

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Question 1Australian migration law and legal framework

Which Commonwealth Act is the principal statute governing the registration and regulation of migration agents in Australia?

  1. Migration Act 1958 Correct answer.
  2. Migration Regulations 1994
  3. Australian Citizenship Act 2007
  4. Migration Agents Registration Application Charge Act 1997

Explanation

The Migration Act 1958 establishes the regulatory scheme for migration agents, including the registration requirement in section 280 and the disciplinary and cancellation provisions. The other instruments deal with charges, citizenship, and visa criteria respectively.

Question 2Australian migration law and legal framework

Under the Migration Act 1958, a person who provides immigration assistance without being a registered migration agent may be exposed to which consequence?

  1. Referral to the Fair Work Commission
  2. A civil penalty only
  3. Automatic grant of a temporary visa
  4. Criminal liability for an offence Correct answer.

Explanation

Section 280 creates an offence for a person to provide immigration assistance while not a registered migration agent, and section 281 restricts charging for such assistance. These are criminal provisions, not merely civil.

Question 3Australian migration law and legal framework

Which body is responsible for registering migration agents and investigating complaints about their conduct?

  1. The Migration Agents Registration Authority Correct answer.
  2. The Australian Federal Police
  3. The Department of Home Affairs
  4. The Administrative Appeals Tribunal

Explanation

The Migration Agents Registration Authority (MARA) administers the registration scheme, handles complaints and may take disciplinary action. The Department administers visas, the AAT reviews decisions, and the AFP enforces criminal law.

Question 4Australian migration law and legal framework

What is the maximum period for which a migration agent registration may be granted?

  1. Two years
  2. One year
  3. Five years
  4. Three years Correct answer.

Explanation

Registration as a migration agent is granted for a maximum period of three years, after which the agent must apply for renewal. Shorter periods may be granted in particular circumstances.

Question 5Australian migration law and legal framework

Which of the following is a core statutory function of the Code of Conduct for registered migration agents?

  1. Prescribing standards of professional conduct and client dealings Correct answer.
  2. Determining visa eligibility criteria
  3. Establishing the penalties for visa fraud
  4. Setting the fees agents must charge clients

Explanation

The Code of Conduct prescribes how agents must behave professionally and in their dealings with clients, including honesty, confidentiality and conflict management. It does not fix fees or set visa criteria, which are matters for other instruments.

Question 6Australian migration law and legal framework

Which of the following best describes the role of the Administrative Review Tribunal (formerly the Administrative Appeals Tribunal) in the migration system?

  1. It conducts independent merits review of certain decisions Correct answer.
  2. It prosecutes unregistered agents
  3. It issues Australian passports
  4. It creates new visa subclasses

Explanation

The Tribunal provides independent merits review of specified migration and protection decisions, allowing it to affirm, vary or set aside the original decision. It does not make policy or create visa categories.

Question 7Australian migration law and legal framework

Which principle describes the requirement that decision-makers treat visa applicants fairly and according to law?

  1. Parliamentary sovereignty
  2. Natural justice Correct answer.
  3. Separation of powers
  4. Stare decisis

Explanation

Natural justice, now often framed as procedural fairness, requires decision-makers to give a fair hearing and an unbiased decision. It is a foundational principle of Australian administrative law.

Question 8Australian migration law and legal framework

Which of the following statements about the Migration Regulations 1994 is correct?

  1. They are made by the Governor-General personally without statutory authority
  2. They prescribe visa criteria and procedural requirements under the Act Correct answer.
  3. They apply only to protection visa applicants
  4. They override the Migration Act 1958 where inconsistent

Explanation

The Migration Regulations are subordinate legislation made under the Migration Act and prescribe visa classes, criteria and procedural matters. As delegated legislation they cannot override the Act.

Question 9Australian migration law and legal framework

A registered agent is asked by a client to pass on a payment to a third party for a service unrelated to the visa application. Under the Code of Conduct, how should the agent respond?

  1. Accept only if the client signs a waiver
  2. Accept and forward the funds as an accommodation
  3. Decline, because the agent must not receive money for services unrelated to migration assistance Correct answer.
  4. Accept but charge an administration fee

Explanation

The Code restricts agents from receiving money for services other than immigration assistance and requires proper handling of client money. Accepting unrelated funds would breach those obligations.

Question 10Australian migration law and legal framework

An agent discovers that a client has provided a fraudulent document to the Department. What does the Code of Conduct require the agent to do?

  1. Destroy the document and advise the client to reapply
  2. Withdraw from acting and not mislead the Department Correct answer.
  3. Continue acting and say nothing
  4. Report the client to the police immediately in all cases

Explanation

Agents must not mislead the Department and must act honestly; where a client has engaged in fraud, the agent should cease acting rather than perpetuate the deception. The Code obliges the agent to avoid any conduct that misleads the Department.

Question 11Australian migration law and legal framework

Which of the following is an example of a decision that is reviewable on its merits by the Tribunal?

  1. A decision to grant Australian citizenship
  2. A decision to refuse a partner visa onshore Correct answer.
  3. A decision of the Migration Agents Registration Authority to cancel an agent's registration
  4. The Minister's personal decision to cancel a visa on character grounds

Explanation

Many visa refusal decisions, such as onshore partner visa refusals, are reviewable by the Tribunal. Ministerial personal decisions under character powers and citizenship decisions follow different pathways.

Question 12Australian migration law and legal framework

Which of the following best describes the concept of 'immigration assistance' under the Migration Act 1958?

  1. Assistance with visa applications, sponsorship and related matters Correct answer.
  2. Only assistance given inside Australia
  3. Any advice about living in Australia
  4. Only representation at the Tribunal

Explanation

Immigration assistance is defined to include advising or assisting a person about visa applications, sponsorship and related migration matters. The definition determines who must be registered.

Question 13Australian migration law and legal framework

Which of the following is a key obligation of a registered migration agent under the Code regarding conflicts of interest?

  1. To refer all clients to a related business
  2. To disclose and manage conflicts, and not act where a conflict cannot be managed Correct answer.
  3. To prioritise the agent's commercial interests
  4. To keep conflicts confidential from clients

Explanation

The Code requires agents to identify, disclose and manage conflicts of interest and to decline to act where a conflict cannot be adequately managed. Client interests must come first.

Question 14Australian migration law and legal framework

A client asks an agent to lodge an application containing information the agent knows to be false. What is the most appropriate action?

  1. Ask the client to sign an indemnity
  2. Lodge it and later withdraw the application
  3. Refuse to lodge false information and advise the client of the consequences Correct answer.
  4. Lodge it and note the agent's disagreement

Explanation

Agents must not lodge applications containing false or misleading information and must advise clients of the serious consequences of doing so. Lodging known false information would breach the Code and potentially the Act.

Question 15Australian migration law and legal framework

Which of the following statements about the relationship between the Migration Act and the Migration Regulations is correct?

  1. The Regulations prevail over the Act if there is inconsistency
  2. The Act prevails over the Regulations if there is inconsistency Correct answer.
  3. They operate in entirely separate fields with no interaction
  4. The Regulations can amend the Act directly

Explanation

Because the Regulations are delegated legislation made under the Act, any inconsistency is resolved in favour of the Act. The Regulations cannot amend or override the enabling statute.

Question 16Australian migration law and legal framework

Which principle of statutory interpretation is relevant when a provision in the Migration Act is ambiguous?

  1. The provision should be read in light of its purpose and context Correct answer.
  2. The provision should be read literally regardless of purpose
  3. The provision should be read to maximise the Minister's discretion
  4. The provision should be read against the applicant

Explanation

Australian courts apply a purposive approach, reading provisions in light of their object and context, consistent with the Acts Interpretation Act. Literal or applicant-adverse readings are not the governing principle.

Question 17Australian migration law and legal framework

What is the significance of the concept of 'jurisdictional error' in migration decision-making?

  1. It can render a decision invalid and open to judicial review Correct answer.
  2. It automatically results in a visa grant
  3. It has no relevance to migration matters
  4. It only applies to citizenship decisions

Explanation

Jurisdictional error concerns a decision-maker exceeding or misusing their authority and can render the decision invalid, making it susceptible to judicial review. It is a central concept in migration litigation.

Question 18Australian migration law and legal framework

A registered agent wishes to advertise their services. Under the Code, which statement is most consistent with their obligations?

  1. Advertising may compare the agent favourably without evidence
  2. Advertising may use the Department's logo to imply endorsement
  3. Advertising must be accurate and not misleading Correct answer.
  4. Advertising may promise guaranteed visa outcomes

Explanation

The Code requires advertising to be accurate and not misleading, and prohibits false or exaggerated claims. Promising guaranteed outcomes or implying official endorsement would breach those standards.

Question 19Australian migration law and legal framework

Which of the following best describes the effect of a 'code of conduct' made under the Migration Act on registered agents?

  1. It is advisory only and unenforceable
  2. It applies only to agents in their first year
  3. It is binding and breaches can lead to disciplinary action Correct answer.
  4. It can be opted out of by agreement with the client

Explanation

The Code of Conduct is binding on registered agents and breaches can result in disciplinary action, including suspension or cancellation of registration. It cannot be opted out of.

Question 20Australian migration law and legal framework

Which of the following is a recognised ground on which an agent's registration may be cancelled or suspended?

  1. Being a member of a professional association
  2. Working in a regional office
  3. Completing continuing professional development
  4. Failure to comply with the Code of Conduct Correct answer.

Explanation

Non-compliance with the Code of Conduct is a ground for disciplinary action, including suspension or cancellation. The other options are neutral or positive activities.

Question 21Australian migration law and legal framework

An agent is asked to act for two clients whose interests are directly opposed in the same matter. What does the Code require?

  1. Act for both but charge double fees
  2. Refer both clients to the Department
  3. Act for both and keep information confidential from each
  4. Decline to act for one or both due to the conflict Correct answer.

Explanation

Where clients' interests are directly opposed, the agent must not act for both because the conflict cannot be adequately managed. Confidentiality owed to each client makes dual representation untenable.

Question 22Australian migration law and legal framework

Which of the following statements about the Tribunal's powers on review of a migration decision is correct?

  1. It may affirm, vary or set aside the decision and substitute a new one Correct answer.
  2. It may create new visa criteria
  3. It may order the Minister to change policy
  4. It may only affirm the original decision

Explanation

On merits review the Tribunal can affirm, vary or set aside the decision and substitute its own decision applying the law and policy. It cannot create criteria or direct policy change.

Question 23Australian migration law and legal framework

An agent's client has had a visa refused and the agent believes the refusal involved a failure to consider relevant material. Which course best reflects the legal framework?

  1. Advise the client to provide false information to reopen the case
  2. Consider merits review options and, where relevant, judicial review on grounds such as jurisdictional error Correct answer.
  3. Advise the client that judicial review automatically results in a visa
  4. Ignore the issue because refusals are final

Explanation

The agent should consider available merits review pathways and, where appropriate, judicial review on grounds such as jurisdictional error. Judicial review tests legality, not the merits, and cannot itself grant a visa.

Question 24Australian migration law and legal framework

Which statement best captures the interaction between the Code of Conduct and the agent's duty to the Department?

  1. The agent must prioritise the Department's interests over the client's
  2. The agent owes no duty to the Department
  3. The agent must act honestly and not mislead the Department while advancing the client's case Correct answer.
  4. The agent may mislead the Department if the client instructs

Explanation

The agent must advance the client's case honestly and must not mislead the Department. Client instructions cannot justify misleading conduct.

Question 25Australian migration law and legal framework

Which of the following best explains why the Migration Act contains provisions restricting who may give immigration assistance?

  1. To protect consumers and ensure advice is given by qualified, registered persons Correct answer.
  2. To increase government revenue from fees
  3. To prevent Australians from travelling overseas
  4. To reduce the number of visa applications

Explanation

The registration scheme exists to protect consumers by ensuring immigration assistance is provided by qualified, registered and accountable persons. It is a consumer protection measure, not a revenue or travel restriction measure.

Question 26Australian migration law and legal framework

Which Commonwealth Act is the principal statute governing the entry, stay and removal of non-citizens in Australia?

  1. The Immigration (Guardianship of Children) Act 1946
  2. The Migration Act 1958 Correct answer.
  3. The Australian Citizenship Act 2007
  4. The Administrative Appeals Tribunal Act 1975

Explanation

The Migration Act 1958 is the principal Commonwealth statute regulating non-citizens' entry, stay and removal, and it establishes the visa system and powers of the Minister and Department. The other Acts address citizenship, guardianship of non-citizen children, and merits review machinery respectively.

Question 27Australian migration law and legal framework

Under the Migration Act 1958, which body is constitutionally empowered to make laws with respect to naturalisation and aliens?

  1. The Commonwealth Parliament Correct answer.
  2. The Governor-General in Council
  3. The High Court of Australia
  4. The Minister for Immigration

Explanation

Section 51(xix) of the Constitution confers legislative power over 'naturalization and aliens' on the Commonwealth Parliament. The Governor-General, the Minister and the High Court exercise executive or judicial functions rather than the power to enact laws.

Question 28Australian migration law and legal framework

What is the legal status of a non-citizen who is in Australia without holding a valid visa?

  1. The person is treated as a citizen until the Minister determines otherwise
  2. The person is a lawful permanent resident pending regularisation
  3. The person is an unlawful non-citizen liable to detention and removal Correct answer.
  4. The person holds an implied bridging status until a decision is made

Explanation

A non-citizen in the migration zone without a valid visa is an unlawful non-citizen under the Migration Act, and officers must detain and remove such persons unless a visa is granted or another lawful basis arises. There is no implied lawful status merely because an application is pending.

Question 29Australian migration law and legal framework

Which of the following best describes the role of the Minister in the migration framework?

  1. The Minister drafts and passes amendments to the Migration Regulations
  2. The Minister sits as the final merits reviewer of every visa refusal
  3. The Minister administers the Act and may exercise specified personal powers such as granting visas or intervening in cases Correct answer.
  4. The Minister personally decides every protection visa application

Explanation

The Minister is responsible for administering the Migration Act and holds a range of statutory powers, some personal and non-delegable, such as public interest and intervention powers. The Minister does not perform merits review, legislate, or decide every individual application.

Question 30Australian migration law and legal framework

A visa applicant receives a decision that was made by an officer who had no delegation to decide that class of visa. What is the most accurate characterisation of the decision?

  1. It may be affected by jurisdictional error because the decision-maker lacked authority Correct answer.
  2. It is automatically replaced by a decision of the Minister
  3. It is valid because only the Tribunal can question an officer's authority
  4. It is valid because the outcome would have been the same if a delegate had decided

Explanation

A decision made by a person without the statutory authority to make it can involve jurisdictional error, because the decision-maker did not have jurisdiction to decide the matter. The merits of the outcome do not cure a lack of authority, and review bodies do not render the original decision valid.

Question 31Australian migration law and legal framework

Which of the following is a characteristic feature of a 'privative clause' in migration legislation?

  1. It seeks to limit judicial review of certain decisions, but cannot exclude review for jurisdictional error Correct answer.
  2. It transfers merits review functions to the Federal Court
  3. It removes all appeal rights from visa applicants permanently
  4. It prevents the Minister from delegating decision-making powers

Explanation

A privative clause attempts to restrict court review of decisions, but the High Court has held that such clauses cannot validly exclude review for jurisdictional error, which is entrenched by the Constitution. They do not abolish merits review or alter delegation powers.

Question 32Australian migration law and legal framework

An applicant argues that a decision is invalid because the decision record did not address every piece of evidence submitted. Which principle is most relevant?

  1. A decision is always invalid if any evidence is omitted from the reasons
  2. The Tribunal must rehear every matter in which evidence was not expressly mentioned
  3. The Minister must personally reconsider any decision where evidence was omitted
  4. A failure to consider relevant material may constitute jurisdictional error if it is a material integer in the decision Correct answer.

Explanation

A failure to consider relevant material can amount to jurisdictional error where the material was a significant or material integer in the decision-making process. Not every omission from the reasons invalidates a decision, and the other options overstate the consequences.

Question 33Australian migration law and legal framework

Which of the following best explains the difference between merits review and judicial review?

  1. Merits review reconsiders the decision on its facts, while judicial review examines legality only Correct answer.
  2. Judicial review allows the court to substitute a more favourable visa decision
  3. Both involve a full rehearing of the facts by a court
  4. Merits review examines legality, while judicial review reconsiders the facts

Explanation

Merits review, conducted by the Tribunal, involves standing in the shoes of the original decision-maker and reconsidering the facts and law. Judicial review by a court is confined to questions of legality, such as jurisdictional error, and does not involve substituting a merits outcome.

Question 34Australian migration law and legal framework

Which of the following best describes the effect of a bridging visa granted to an applicant while their substantive visa application is being decided?

  1. It confers permanent residence until the application is finalised
  2. It gives lawful status for a specified period, subject to the conditions of that bridging visa Correct answer.
  3. It removes the need to comply with any visa conditions
  4. It guarantees that the substantive visa will ultimately be granted

Explanation

A bridging visa provides lawful status for a specified period and is subject to its own conditions, allowing the holder to remain while an application is resolved. It does not guarantee the substantive outcome, confer permanent residence, or dispense with conditions.

Question 35Australian migration law and legal framework

An applicant is refused a visa on character grounds. Which of the following statements best describes the legal framework for challenging that refusal?

  1. The applicant may ask the Minister's delegate to overturn the Tribunal's decision
  2. The applicant may appeal directly to the High Court as of right on the merits
  3. The refusal is final and cannot be challenged in any forum
  4. The refusal may be reviewable on specified grounds, and the applicant may also seek judicial review for jurisdictional error Correct answer.

Explanation

Certain character-related refusals are subject to specified review pathways, and judicial review for jurisdictional error may also be available. The refusal is not wholly unchallengeable, merits review is not an appeal to the High Court, and delegates cannot overturn Tribunal decisions.

Question 36Australian migration law and legal framework

Which of the following best describes the operation of the 'no further stay' condition on a visa?

  1. It generally prevents the holder from applying for most other visas while in Australia Correct answer.
  2. It requires the holder to depart within 28 days of grant
  3. It prevents the holder from leaving and re-entering Australia
  4. It automatically cancels the visa after a fixed period

Explanation

A 'no further stay' condition generally prevents a visa holder from making most further visa applications while remaining in Australia, subject to limited waivers and exceptions. It does not restrict travel, automatically cancel the visa, or impose a fixed departure period.

Question 37Australian migration law and legal framework

A decision-maker applies a policy direction issued under the Migration Act that is inconsistent with the governing legislation. What is the correct legal position?

  1. The policy direction prevails because it is issued by the Minister
  2. The decision-maker may choose whichever document produces the preferred outcome
  3. The legislation prevails, and applying an inconsistent policy direction may amount to error Correct answer.
  4. The policy direction is invalid and must be ignored in all cases

Explanation

A policy direction must be consistent with the Act and Regulations, and where it is not, the legislation prevails; applying an inconsistent direction can constitute an error of law. Policy directions are not invalid in their entirety simply because of a particular inconsistency, and decision-makers cannot choose outcomes freely.

Question 38Australian migration law and legal framework

Which of the following best describes the concept of 'detention' under the Migration Act for unlawful non-citizens?

  1. Detention applies only where the person has committed a criminal offence
  2. Detention is discretionary and may be declined by an officer at will
  3. Detention is mandatory once a person is identified as an unlawful non-citizen, subject to limited statutory exceptions Correct answer.
  4. Detention requires a court warrant in every case

Explanation

The Act imposes a duty to detain unlawful non-citizens, subject to limited statutory exceptions and the constitutional limits recognised by the High Court. Detention does not require a court warrant in every case, is not dependent on criminal offending, and is not a free discretion for officers.

Question 39Australian migration law and legal framework

An agent is advising a client about the effect of a decision of the High Court on the interpretation of a provision in the Migration Act. Which principle best explains why that decision binds decision-makers?

  1. High Court decisions are merely persuasive and may be disregarded by the Tribunal
  2. High Court decisions automatically amend the Migration Act
  3. Hierarchy of authority means authoritative court interpretations of the law bind lower courts and decision-makers Correct answer.
  4. High Court decisions apply only to the parties involved in that case

Explanation

The doctrine of precedent and the hierarchy of courts mean that authoritative interpretations by the High Court bind lower courts and, through lawful decision-making, administrative decision-makers applying the same law. Such decisions are not merely persuasive, do not operate only inter partes, and do not amend legislation.

Question 40Australian migration law and legal framework

An applicant for a visa is refused by a delegate of the Minister. The applicant wants to challenge the refusal in the Administrative Review Tribunal (ART). Which of the following statements about the ART's jurisdiction is correct?

  1. The ART can review the refusal only if the Minister has personally consented to the review.
  2. The ART can review the refusal if the Migration Act provides for review of that type of decision and the applicant has standing. Correct answer.
  3. The ART can review any migration decision, regardless of whether the Act provides for review.
  4. The ART can review the refusal only if the applicant first seeks judicial review in the Federal Court.

Explanation

The ART's jurisdiction is statutory: it can review a migration decision only if the Migration Act (or another Act) expressly provides for review of that decision, and the applicant must be a person affected by the decision. Not all migration decisions are reviewable; some are excluded or subject to limited review. The ART does not have a general or inherent power to review migration decisions.

Question 41Visa categories and eligibility requirements

Which Australian visa subclass is the standard points-tested permanent skilled migration visa for applicants who are not sponsored by an employer or nominated by a state or territory?

  1. Subclass 189 Skilled Independent Correct answer.
  2. Subclass 491 Skilled Work Regional
  3. Subclass 190 Skilled Nominated
  4. Subclass 482 Skills in Demand

Explanation

The Subclass 189 Skilled Independent visa is a permanent points-tested visa that does not require employer or state/territory sponsorship. It is based on the applicant's own points score and occupation.

Question 42Visa categories and eligibility requirements

Under the points test for skilled migration, what is the maximum number of points generally available for age, awarded to applicants aged 25 to 32 at the time of invitation?

  1. 20 points
  2. 25 points
  3. 15 points
  4. 30 points Correct answer.

Explanation

The points test awards 30 points to applicants aged 25 to 32, the highest age band. Older and younger applicants receive fewer points.

Question 43Visa categories and eligibility requirements

A Subclass 820/801 partner visa applicant is typically required to hold which relationship status with their sponsoring partner at the time of application?

  1. Married or in a de facto relationship Correct answer.
  2. Living separately for at least 12 months
  3. Engaged to be married
  4. In a same-sex relationship only

Explanation

The partner visa stream requires the applicant to be married to, or in a de facto relationship with, an eligible sponsor. The relationship must meet the relevant definition at application.

Question 44Visa categories and eligibility requirements

Which visa subclass allows a New Zealand citizen who arrived in Australia before 26 February 2001 to remain permanently?

  1. Subclass 189 Skilled Independent
  2. Subclass 461 New Zealand Citizen Family Relationship
  3. Subclass 444 Special Category
  4. Subclass 155 Resident Return Correct answer.

Explanation

New Zealand citizens present in Australia on 26 February 2001 may be eligible for the Subclass 155 Resident Return visa to secure permanent residency. The 444 is a temporary special category visa.

Question 45Visa categories and eligibility requirements

Which of the following is the standard visa for a person seeking to enter Australia temporarily to visit family or for tourism?

  1. Subclass 600 Visitor visa Correct answer.
  2. Subclass 485 Temporary Graduate visa
  3. Subclass 417 Working Holiday visa
  4. Subclass 500 Student visa

Explanation

The Subclass 600 Visitor visa covers tourism, visiting family and business visitor streams for short stays. It is the general temporary visitor visa.

Question 46Visa categories and eligibility requirements

What is the general maximum age at which a primary applicant can apply for a Subclass 189 Skilled Independent visa?

  1. 55 years
  2. No age limit
  3. 45 years Correct answer.
  4. 50 years

Explanation

The points-tested skilled migration visas generally require the primary applicant to be under 45 years of age at the time of invitation. Applicants aged 45 or older are not eligible for these visas.

Question 47Visa categories and eligibility requirements

Which visa subclass is designed for international students who have recently completed a qualification in Australia and wish to work temporarily?

  1. Subclass 485 Temporary Graduate visa Correct answer.
  2. Subclass 407 Training visa
  3. Subclass 500 Student visa
  4. Subclass 476 Skilled Recognised Graduate visa

Explanation

The Subclass 485 Temporary Graduate visa allows recent graduates of Australian institutions to remain and work temporarily. It is the standard post-study work visa.

Question 48Visa categories and eligibility requirements

For most employer-sponsored temporary skilled visas, which body must approve the sponsoring business before it can nominate a worker?

  1. The Department of Home Affairs as a standard sponsor Correct answer.
  2. A state or territory government
  3. The relevant assessing authority
  4. The Fair Work Commission

Explanation

A business must be approved as a standard business sponsor by the Department of Home Affairs before nominating a skilled worker. Sponsorship approval is a prerequisite to nomination.

Question 49Visa categories and eligibility requirements

An applicant for a Subclass 190 Skilled Nominated visa receives a state nomination. What effect does this nomination have on the points test?

  1. It adds 10 points to the applicant's score
  2. It removes the need to meet the points test
  3. It adds 5 points to the applicant's score Correct answer.
  4. It adds 15 points to the applicant's score

Explanation

State or territory nomination for a Subclass 190 visa attracts 5 points under the points test. The applicant must still meet the overall points threshold.

Question 50Visa categories and eligibility requirements

A client holds a Subclass 491 Skilled Work Regional (Provisional) visa. Which statement best describes the geographic condition attached to this visa?

  1. The holder must live, work and study only in designated regional areas Correct answer.
  2. The holder must live in a capital city for the first two years
  3. The holder may live anywhere in Australia without restriction
  4. The holder must live in the nominating state only for the first year

Explanation

The Subclass 491 requires the holder to live, work and study in designated regional areas of Australia while the visa is in effect. This condition supports the regional migration objective.