The Aristos Group

Howard Johnson

The Post-Brexit Points-Based Immigration System

The first details are emerging of the Government’s post-Brexit points-based immigration system

The first details are emerging of the Government’s post-Brexit points-based immigration system, set to be introduced from January 2021.

As far as economic migration is concerned, there will be 3 categories of visa under the new points-based system:

  • Exceptional talent/contribution
  • Skilled worker
  • Sector-specific rules-based

 

The “Exceptional talent/contribution” category

The “Exceptional talent/contribution” category will be available to:

  • Migrants who have received awards in a qualifying field or otherwise been endorsed as a recognised leader or an emerging leader in their field
  • Sponsored entrepreneurs setting up a new business in the UK
  • Investors who want to invest in the UK. There will be no requirement to have a job offer and the category will lead to indefinite leave to remain in the UK.

The “Exceptional talent/contribution” category will include the fast-track visa route for top scientists announced by the Government in August 2019. Designed to attract elite researchers and specialists in science, engineering and technology, this sub-category of the exceptional talent route will not require an offer of employment and will provide an accelerated path to settlement after 3 years. Set criteria will confer automatic endorsement and there will be no cap on numbers.

 

The ‘Skilled worker’ category

The ‘Skilled worker’ category will, post-Brexit, apply to both non-EU and EU nationals. Employer sponsorship will remain a key requirement for the vast majority of migrants, meaning that they will need both a job offer and to score points. However, the sponsorship process for skilled workers will be streamlined to reduce the time it takes to bring in a migrants to meet labour demands. This category will also lead to indefinite leave to remain in the UK.

The Migration Advisory Committee (MAC) will advise annually on whether caps or incentives are required based on whether there are shortages or an excess of migration via the skilled worker category.

Some special types of skilled worker visas, such as the NHS visa, will also receive fast-track entry and reduced fees. Qualified doctors, nurses and Allied Health Professionals coming to fulfil acute job shortages in the NHS will be awarded extra points. There will be no cap on the number of qualified applicants who can migrate to the UK with an NHS Visa.

 

The “Sector-specific rules-based” category

The third category, the “sector-specific rules-based” category, will be made up of specific temporary schemes such as for low-skilled labour.

Designed to fill specific labour shortages, these schemes will be revised on an ongoing basis based on expert advice from the MAC. The rules for each scheme will vary but they will all be time-limited and will not provide a path to settlement.

One example of a “sector-specific rules-based” category is the Seasonal Agricultural Workers’ scheme. The Government has pledged to raise the cap for the next year of this pilot scheme from 2,500 to 10,000 places in 2020-21.

Youth mobility and short term visits (i.e. touring and work assignments) will also fall within the “sector-specific rules-based” category.

 

Will the UK be open for business?

The Government’s plans have already been criticised by business groups including the British Chambers of Commerce and the Federation of Small Businesses for their lack of clarity on how the proposed points-based system will actually work. Among their concerns are that firms do not currently know who they will be able to hire next year and recruitment decisions could effectively be left to bureaucrats rather than businesses.

Australian Style Points Based Immigration' Explained

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Blog Series – Working In The United Arab Emirates (UAE) – Part 3

Part 3 – Employment Contracts In The Private Sector

Under the UAE Labour Law No. 8 of 1980, there are two types of employment contracts. The difference lies in the provisions for end of service gratuity and termination.

  1. Limited term contract or (fixed-term)
  2. Unlimited term contract.
  3. In 2018, the UAE implemented the part-time contract system by virtue of a ministerial resolution.

Limited term contract (fixed-term)

In general, limited term contracts mention the start and end dates of the employment period. Unless the contract is renewed, it is automatically cancelled when it expires.

These contracts are adopted wherein an employer needs to engage employees for specific projects or specific duration.

According to recent reforms in the UAE’s labour market, limited term contracts are for a maximum duration of two years. The contract must also include a notice for termination. Refer to Ministerial Resolution No. 765 of 2015 on the Termination of Employment Relations.

Unlimited term contracts

An unlimited term contract is open-ended, more flexible and commonly used in the UAE. It can be terminated with mutual consent or by giving a notice of one to three months. The parties involved must honour their obligations throughout the notice period.

Therefore, an employment contract is deemed to have ended without due process when either the employer or employee terminates the employment contract without complying with legally mandated procedures.

In this case, the wronged party may initiate legal action and compensation.

Multi-employer contract

In 2018, MoHRE implemented a new rule, which allows the companies to recruit skilled workers from inside the country or from abroad under multi-employer contract. These types of contracts are limited only to skilled workers, namely holders of university degrees or higher and those who have completed two or three years diploma in any technical or scientific field.

Under this new system, part-time contract employees can take several part-time jobs without the approval of the original or other secondary employers; however, they are obligated to take a permit from the MoHRE.

The part-time contract is subject to same rules and penalties applicable to the regular employment contracts common in UAE: limited or unlimited

Part-time contract may not be changed into a regular contract until the end of the part-time employment contract.

A very useful link: Multiple contract system

Responsibilities of the original/primary employer

Under the part-time contract, the original employer bears:

The part-time contract fees as administered by MoHRE, according to UAE work permit fees linked to company classification system.

  • The employee’s annual leave.
  • The employee’s end of service benefits.
  • Any other financial obligations in proportion to the number of actual working hours and the amount of the wage.

ALSO READ:  UAE work permit fees linked to company classification

Additionally, the original/primary employer may not require the worker to work more than the hours agreed upon or prevent him from working in a similar facility under the non-competition clause or for disclosure of the secrets of the facility.

Contact us for a confidential discussion and refer family, friends and colleagues and be rewarded.

UAE Employment Contracts: Limited vs Unlimited

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Immigration In The UK – What Does A Conservative Majority Mean?

What is the likely direction of travel on future immigration policy?

With the Conservative Party securing a clear majority in last week’s election, there is now a degree of certainty as to the UK’s future immigration policy – although things are far from crystal clear in a number of areas.

 

Brexit

Brexit has been a key issue during the election campaign and it now seems certain that the UK will depart the EU on 31 January 2020. If so the residence deadline for applications to the EU Settlement Scheme will be 31 December 2020. Statistics are suggesting that there has been a trend towards EU migrants returning to their home countries since the Brexit referendum, so it remains to be seen whether the degree of certainty that is now in place will attract EU migrants to the UK in advance of the residence deadline.

If employers have not already done so, it would be wise to carry out an audit of staff to establish the extent of reliance on staff working in the UK under current free movement rules. Any audits already carried out should be kept accurate and up to date. Whilst employers should be aware that unregulated immigration advice should not be provided to employees, it would be wise to emphasise the need for Scheme applications to be made to secure ongoing residence in the UK.

 

Post-Brexit

The Conservative Party manifesto included a clear commitment to introduce an “Australian-style points based system” in place of the UK’s current immigration arrangements. The new system would bring EU migrants (who are not covered by the EU Settlement Scheme rules) and non-EU migrants under the same umbrella, with implementation likely to take place in early 2021 after the EU’s free movement rules cease to apply to the UK.

Although described as an Australian-style system, there remains a lack of clarity as to what precise form this will take. It is clear from the Conservative manifesto that the system will actually be quite different to the current Australian system in some respects. For example; a concrete job offer is not always required to secure an Australian visa, but the manifesto notes that a clear job offer will be needed under the proposed new system.

Firm details of the proposal remain thin on the ground, but we can expect more specifics once the Migration Advisory Committee provides its report on the issue (which is expected early next year). There is also the lingering question of whether any points-based system will be regionalised, or apply uniformly across the UK. In particular, recent statistics show that Scotland is reliant on net migration to maintain its current level of working population. Whilst there is currently a fairly limited Scotland-specific Shortage Occupation List for Tier 2 (General) sponsorship, the current system otherwise generally applies uniformly across the UK.

Given the significant focus placed on immigration matters during the Brexit process and the commitments included in the Conservative manifesto, we would anticipate that any new system will ultimately be designed with a view to reducing overall net migration to the UK. It is, however, clear that access for highly skilled migrants would be prioritised under the proposals.

 

NHS surcharge

The Conservatives have proposed an increase to the Immigration Health Surcharge – a fee payable by certain migrant workers for access to NHS services. This would clearly add to the overall cost of the visa application process. The surcharge was already doubled at the start of 2019 and currently sits at £400 per year for the majority of applicants that are required to pay.

 

Bespoke visa schemes

The Conservative manifesto includes reference to a number of bespoke visa schemes. For example, it is suggested that qualified trained professionals with a job offer in the NHS and the ability to speak English will be given “fast track” visa options. There is also a commitment to reduced visa fees for such applicants. The manifesto further suggests that priority will be given to the recruitment of genuine leaders in their particular fields (for example, exceptional technology and science graduates).

Overall; given the backdrop to this election, control of the UK’s borders was inevitably going to be a key issue at the polls. There does, however, appear to be a clear tension between investing in public sector recruitment (such as in the NHS) whilst at the same time reducing net migration. Indeed, questions have been raised about whether significant increases in public sector recruitment will be possible with a potentially reduced pool of migrant workers. A reduction in lower-skilled migrant workers could also significantly impact the leisure, tourism and hospitality sectors. Ultimately, further clarity on the Government’s proposed new immigration system is required as a matter of priority to allow businesses to effectively plan for the future.

Johnson pledges to cut UK immigration

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Australian English Language Skills Registration Standard For Health Practitioners

English Language Skills Registration Standard Overview

This blog post provides a broad overview of the English language skills registration standard for health practitioners seeking registration in Australia.  For full details see the English language skills page on the AHPRA website. 

In order to be registered as a health practitioner in Australia, you must be able to demonstrate that your English language skills will enable you to safely practise your profession. The English language skills registration standard is one of the five core standards that practitioners are required to meet, under the National Law.

 

Importantly Australia recognises certain countries as English language first speaking countries for the purpose of registration.  The recognised countries are:

  • Australia
  • United States
  • United Kingdom
  • Canada
  • New Zealand
  • the Republic of Ireland and
  • South Africa.

 

With the exception of South Africa and Australia, these countries are the same as the countries recognised by the Department of Immigration and Border Protection (DIBP) for the purpose of exempting visa applicants from having to sit a test to demonstrate English language competency.  National Boards do not currently plan on adding any new countries to the list of recognised countries.

You must be able to show that you have you have attended and satisfactorily completed at least six years of primary and secondary education taught and assessed in English. This education must have been attended and completed in one of the recognised countries, including at least two years of education between years seven and twelve. In addition, you must have successfully completed your relevant qualification in English in one of the recognised countries. It does not matter if you have had a break from study or if you did not complete all six years of high school, as long as you meet the other criteria specified in the standard.

The evidence required to demonstrate secondary education taught and assessed in English in one of the seven recognised countries listed in the standard may vary, depending on where it occurred. For detailed information about the evidence you need to provide, please see the English language skills page on the AHPRA website.

The evidence required to demonstrate tertiary and/or vocational education taught and assessed in English in one of the seven recognised countries listed in the standard may vary, depending on where it occurred. You will need to provide certified copies of your transcripts for all education you are relying on to meet the NMBA English language skills registration standard.

 

Meeting the standard:

All new applicants for registration must meet the English language skills registration standard, regardless of their language background or visa status.  If you sat the IELTS Academic, OET1 , TOEFL IBT or PTE Academic tests as part of your application for a skilled migration visa in the past two years and you achieved the results specified in the standard, you can use those results and do not need to sit another test.

 

Pathways to demonstrate English language competence include:

  1. Primary Language Pathway
  2. English Language Test Pathway, or
  3. Extended Education Pathway

 

Establishing which pathway is appropriate:

  1. If you grew up and completed all of your education in Australia, the most appropriate pathway for you is the Primary Language Pathway.
  2. If you did not go to secondary school in a recognised country, but I have been studying for an extended period in a recognised country you can either:
  • demonstrate you meet the standard through the English Language Test Pathway or
  • demonstrate you meet the standard through the Extended Education Pathway if you have completed and can provide evidence for at least five years (full-time equivalent) continuous education in English in a recognised country.

 

Maintaining English language skills once registered:

The information you provide in your application for registration about your English language skills may be checked by AHPRA.  It is up to you to ensure that you maintain your level of English language proficiency once you are registered, even if you frequently communicate with patients in a language other than English. The NMBA and AHPRA may reassess your English language skills if specific concerns arise, for example if a complaint is made about you.

 

Inability to submit evidence of education in an English-speaking country:

You should provide as much information as possible in the application form. AHPRA will consider whether the information you have provided is sufficient evidence of meeting the standard. If not, you may need to sit an English language test.

 

Conclusion:

As stated at the beginning of this post, for full details see the English language skills page on the AHPRA website. 

Interested in migrating to Australia as a health practitioner then do not hesitate in contacting us for a confidential discussion and see our jobs page for the latest opportunities.

Know anyone who may be interested in a new life adventure down under the refer them and be rewarded.

Understanding IELTS test format

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Trans Tasman Mutual Recognition Between Australia & New Zealand

The Trans-Tasman Mutual Recognition Act 1997

The Trans-Tasman Mutual Recognition Act has provisions for reciprocal registration between New Zealand and Australia for a raft of occupations.  In Australia, each state and territory administers its own occupational licences.  In New Zealand they are administered nationally.  

Mutual recognition of occupations allows people licenced or registered in one part of Australia or in New Zealand, to seek licencing or registration for an equivalent occupation in any other part of Australia or New Zealand. Mutual recognition allows people to use their skills across Australia and New Zealand with minimum regulatory burden and enhanced labour mobility.

Mutual recognition works when a person who holds a licence for their occupation in one country, state or territory, applies for a licence for the same occupation in a second country, state or territory.

If the original licence for the occupation, and the activities it covers, is equivalent to the occupation for which the new licence is being requested, a new licence will be granted if both are assessed as equivalent to the occupation for which it is being applied for. Conditions may also be imposed on the new licence.

Mutual recognition is supported by two overarching pieces of legislation, the Mutual Recognition Act 1992 (MRA). This is an overarching Australian Commonwealth piece of legislation which helps all states and territories act in the same way. Any decisions made about a license under mutual recognition will use this legislation.  However, because occupational licencing is a state and territory responsibility, each has also put in place their own legislation to support mutual recognition. For the arrangement between Australia and New Zealand, the supporting legislation is the Trans-Tasman Mutual Recognition Act 1997 (TTMRA).

To apply for mutual recognition, you must contact the relevant licensing authority in the country, state or territory where you wish to work. They will be able to provide you with the details of the application process. If you do not know who the relevant authority is, contact the country, state or territory government where you are seeking recognition.

While each state or territory may have a different process or set of forms, they will all require similar basic information to be provided. This includes the types of licences you hold, or have held, any disciplinary proceedings and giving consent for information to be exchanged between states.

It is recommended that you contact the local registration authority for your occupation to discuss what licences you may be able to apply for.

Applications for mutual recognition are assessed on a case-by-case basis by local registration authorities. It is at their discretion to determine what country or interstate licences are equivalent to their own.

If you require assistance then please do not hesitate in contacting us for a confidential discussion.

Jacinda Ardern says relationship with Australia too important to let politics get in the way

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Australia Launches Global Talent Independent (GTI) Program

Australia Wants Talent – You Got It, We Want It!!

Australia has officially launched the Global Talent Independent (GTI) program. The program is aimed at targeting highly skilled and talented people across the globe.

Last year, the Australian Government committed to ensuring that businesses in Australia have access to the best and brightest talent to help grow a stronger economy. 

As part of the commitment, the Government allocated up to 5,000 permanent places for global talent in the 2019–20 Migration Program year. 

Through the Global Talent Program, Australia is seeking skilled and specialised individuals who are at the top of their field in growth industries and who can provide opportunities for businesses, entrepreneurs and individuals to share innovative ideas, skills and experience.

The Global Talent Program offers a permanent visa, to live and work anywhere in Australia– with applicants receiving a personalised service to guide them through the process.

Global Talent Officers are located in Berlin, Dubai, New Delhi, Santiago, Shanghai, Singapore, and Washington DC. They work across a number of countries in their region, and attend key industry events and expos to promote the program.

Target sectors are:

  • AgTech
  • Space and Advanced Manufacturing
  • FinTech
  • Energy and Mining Technology
  • MedTech
  • Cyber Security
  • Quantum Information, Advanced Digital, Data Science and ICT

For more information on the Global Talent Independent Program.

Interested?

Contact us for a confidential discussion.

Australian Global Talent Independent Program

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The UK Election Is Done And Dusted – So Where Does That Leave The NHS?

But What Happens Now For The NHS?

So the results are in and the conservatives have won a large majority in the election, meaning Boris Johnson will remain as Prime Minister and the Tory manifesto will be implemented, but what happens now for the NHS?

Their strengthened position in Parliament means there are no excuses for them to be able to move forward with implementing their manifesto pledges.  These include items on Brexit, the environment, crime and the NHS.  But let’s wait and see.

One of the key factors in the outcome of the election has been the future of the NHS, with all parties pledging to make changes, increase funding or aid the health service in one way or another.  It was a campaigning point for many, with promises to safeguard the National Health Service for future generations.

Increasing staffing numbers, reducing waiting times and solving the social care crisis were among pledges given in manifestos across the political spectrum.  In the Conservative manifesto, there were several aims for the NHS and social care.  These include:

  • 50,000 extra nurses to be recruited
  • 6,000 more doctors in GP surgeries
  • 6,000 more primary care staff like physiotherapists and pharmacists
  • 50 million extra GP appointments a year increasing the current average by 15 percent
  • £33.9 billion extra funding a year for NHS
  • Cross-party agreement sought to solve social care crisis
  • 40 new hospitals
  • Free hospital parking for selected patients and staff
  • Reintroduction of bursaries of up to £8,000, which were cut four years ago, to help training nurses with living costs
  • An extra £1 billion of funding for more social care and better infrastructure.
  • Pass legislation to ensure an extra £33.9billion per year is put into the NHS by law.

In addition to this the conservatives are also promising an immigration system based upon the Australian model.  On the surface it sounds fantastic for both short and long term career opportunities for healthcare professionals and we are well placed to assist you in this regard with representation in Australia, South Africa and the UK.

However it is only early days and governments are inherently slow to act and furthermore not deliver on their election promises. In a previous blog post we posed the question “Should I stay or should I go” whether already inside the UK thinking about staying or leaving, or outside the UK thinking about going there or staying where you are, still remains relevant and our recommendation is still the same – WAIT AND SEE – but this doesn’t necessarily mean do nothing.  We suggest you prepare early and position yourself for the opportunities that may arise either inside or outside the UK.  That’s where we can assist.  Please do not hesitate in contacting us for a confidential discussion.

Johnson Calls NHS the Conservative Government’s ‘Top Priority’

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BIG Opportunities Available In Australia With Designated Area Migration Agreements (DAMA)

So What Are Australian Designated Area Migration Agreements (DAMA)

A Designated Area Migration Agreement (DAMA) is a formal agreement between the Australian Government and a regional, state or territory authority. It provides access to more overseas workers than the standard skilled migration program. DAMAs operate under an agreement-based framework, providing flexibility for regions to respond to their unique economic and labour market conditions.

A DAMA is a two-tier framework covering a defined regional area. The first tier is an overarching five-year deed of agreement (head agreement) with the region’s representative. The second tier comprises individual labour agreements with employers under the settings of the head agreement for that region.

DAMA labour agreements are between the Australian Government and endorsed employers operating within the relevant region. They are:

  • generally in effect for five years and
  • use the Temporary Skills Shortage (TSS) and Employer Nominated Scheme (ENS) visa programs.

Employers must seek and gain endorsement from the Designated Area Representative before lodging a labour agreement request.

Under the DAMA framework, employers in designated areas experiencing skills and labour shortages can sponsor skilled and semi-skilled overseas workers. Individuals cannot directly access a DAMA. Individuals need to be sponsored:

  • by an employer operating in a designated region.
  • for an occupation that is specified in the head agreement.

Employers must demonstrate a genuine attempt to recruit Australians prior to getting access to a DAMA.

Australia currently has seven DAMAs in place in the below regions.  The links provide detailed information including the occupations included in the agreement.

Checkout the above links and if you are interested in any or all of the DAMA’s then contact us for a confidential discussion.

If you know anyone who may be interested then refer them and be rewarded.

Northern Immigration Australia - ABC News NT - Designated Area Migration Agreement (DAMA) II

Designated Area Migration Agreement - DAMA

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