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Immigration Update Following UK Election Result

What can be expected from an “Australian-style points based immigration system” if replicated in the UK post-Brexit

The Boris Johnson immigration tag line has long been that under his leadership the UK will have an “Australian-style Points Based System”. Now the election results have been counted and it has been confirmed that Boris will continue his tenure in 10 Downing Street, what can be expected from an “Australian-style points based immigration system” if replicated in the UK post-Brexit in January 2021?

The Conservative manifesto was vague when it described what UK businesses could expect from a new immigration system once the Brexit transition period comes to an end on 31 December 2020. The previous Immigration White Paper (published in 2018) made no mention of a points based system; however it did make clear that whatever immigration system is in place, it would be applicable to EEA nationals arriving post-31 December 2020 as well as third country nationals arriving in the UK. Those applying under the existing Settled Status scheme who are resident in the UK before 31 December 2020 (or 31 January 2020 in the event of a no deal) should not fall under a new immigration system. On 8 December 2019, the Prime Minister announced that the new work-based immigration system would be a 3-tier system, applying to all new arrivals in the UK, consisting of:

  • A top tier for exceptional talent who would be able to obtain a UK visa without a job offer
  • A second tier for skilled workers with a UK job offer
  • A third tier for unskilled workers, coming for short-term visas in sectors with employee shortages.

When referring to an “Australian-style points based system”, no further explanation has been made on what this would look like or how it would operate in practice. In the Australian immigration system, there are two primary categories which require individuals to score points in order to assess eligibility for an Australian visa. These two categories are the Skilled Independent Visa (subclass 189) and Skilled Nominated Visa (subclass 190). These categories do have slight differences but in short, both categories require applicants to meet the following requirements:

  • Be under the age of 45
  • Score 65 points or more under the points system
  • Meet a minimum level of English
  • Ensure their current occupation is listed on the pre-approved skilled occupation list
  • Meet a minimum health requirement
  • Meet a minimum character requirement
  • A declaration the applicant holds suitable skills for their occupation

The individual must firstly submit an expression of interest form, showing they meet the above criteria. Points will mainly be awarded for age, English competency, overseas and Australian employment experience and education. The Australian government will then review the application and invite successful applicants to make a formal visa application. At this point, the individual will need to file supporting evidence including a CV and evidence of education. Providing the application is approved, the individual will receive an e-visa which is linked to the individual’s passport and permits them to work in Australia with no restrictions.

The above is not too dissimilar from the previous UK Tier 1 General visa category, which was closed to overseas applicants on 23 December 2010 and permanently closed on 6 April 2018. Under the previous Tier 1 General system, individuals were primarily awarded points for age, education and previous earnings over a 12 month period. However a key difference is that even though individuals are required to score points for the visa category, an individual must also be in a profession listed on the Australian skilled occupation list, which is a key concern for some UK industries who have expressed worries that their key professions would not be included on this occupation list and thus bar key talent from being able to relocate to the UK. Upon reviewing the Australian skilled occupation list, it includes professions currently represented on the UK occupation list, such as teachers, lawyers and engineers. It also covers roles which are currently deemed “unskilled” in the UK such as mechanics and tradespeople (carpenters, plumbers etc) as well as some more specialist niche roles such as horse trainers and tennis coaches.

Australia also has a separate “Short-term Skilled Occupation List” of professions which are only eligible for a more limited range of visas. Under this list, individuals cannot “self-sponsor” (ie hold the visa independently) and employer-sponsored work visas are restricted to two year period for most occupations on the list, with no path to permanent residency. This is partially reflected in the UK government’s proposal for a third tier for unskilled workers and could provide an interim solution for businesses whose vacant positions are more transient in nature.

Regardless of whether the above is implemented, the UK government revert to their previous White Paper proposals or opt for a whole new immigration system, it will be important for employers to stay abreast of updates and developments in 2020 to ensure they are prepared for a fresh immigration system in January 2021 which will apply to all new arrivals in the UK, whether they are EEA nationals or third country nationals.

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Johnson applauds supporters for "changing the future" of the UK after election victory

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Relief For Horticulture Farmers This Summer

Horticulture farmers around Australia receive more support to resolve labour shortages

Horticulture farmers around Australia will now receive more support to resolve labour shortages with the signing of a new Horticulture Industry Labour Agreement.

The new agreement means horticulture growers will have access to a skilled and semi-skilled workforce to help deliver the fruit and vegetables enjoyed by all Australians.

Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alan Tudge said the Government is focused on supporting regional economies by providing horticultural employers with access to more workers.

“We have worked with growers and industry representatives to negotiate this agreement as it is vital our farmers maximise their hard work and economic returns,” Mr Tudge said.

“Our first priority is always to fill jobs with Australians, but the immigration system can play an important role in helping to address regional skills gaps and grow local economies”.

The Horticulture Industry Labour Agreement follows the success of labour agreements in other industries such as the dairy, meat and pork industry.

It also complements existing migration programmes to support regional employers and communities, including the Working Holiday Maker Programme, Seasonal Worker Programme, the Pacific Labour Scheme and Designated Area Migration Agreements (DAMAs).

Minister for Agriculture Senator McKenzie said the new labour agreement is a practical response to the desperate need across regional and rural Australia for greater access to skilled and semi-skilled migrant workers.

“This is about recognising that horticulture is a developed industry and requires a skilled workforce to continue to grow,” Ms McKenzie said.

“It is another example of how the Government is improving opportunities for growth and development in regional communities.”

From 1 January 2020, horticultural employers will be able to submit an application to the Department of Home Affairs to sponsor a migrant worker to come to Australia and fill one of the 31 approved occupations listed under the Labour Agreement.

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10 Facts About The New TSS 482 Visa! Australian Temporary Work Visa - Immigration Citizenship News

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Fair Work And Fair Rights For Australian Visa Holders

Visa Holders Work Rights And Restrictions

All workers in Australia have the same rights and protections at work, regardless of citizenship or visa status.

Your employer must comply with Australian workplace and immigration laws, including their obligation to:

  • Pay you the right pay rate for all time worked.
  • Provide a safe workplace.

These rights can’t be taken away by contracts or agreements. Pay rates and workplace conditions are set by Australian law.

If you hold a temporary visa with work rights and have not complied with your visa conditions due to workplace exploitation, your visa will not be cancelled, nor will you be detained or removed from Australia if you have:

  • Sought advice or assistance from the Fair Work Ombudsmanand you are assisting them with their inquiries.
  • Not complied with the work-related conditions only and there is no other basis for visa cancellation.
  • Committed to abiding by visa conditions in the future.

The Australian Government Department of Home Affairs works with the Fair Work Ombudsman to support and encourage foreign nationals to come forward with any evidence or information about exploitation.

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How to get help from the Fair Work Ombudsman

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International Career Opportunities Looming In the UK

Half of 50,000 nurses promised by Boris Johnson would need to come from overseas

Yesterday we published a blog post on the new rules for fast track visas for doctors and nurses in the UK which is timely, as it appears now there are going to be significant international opportunities for healthcare professionals in the NHS in the near future.

The Health Foundation Chief Executive has said that even with improvements in all other areas of recruitment and training, the Conservatives will need to recruit almost 25,000 nurses from overseas to honour their pledge of an extra 50,000 NHS nurses, in a bid to plug the existing vacancy gap of more than 43,000.

She added: “This will be challenging and means migration policy must not be a barrier and with the number of qualified permanent full-time equivalent GPs having decreased by around 5% since the last target was set, there must be realism about what can be achieved in the timescales set out.”

The Tories said the extra 50,000 nurses would be brought in over the parliament through a combination of training and extra university places, also nurse apprenticeships which allow people to train as they work, and there will be some recruitment from overseas with the new NHS visa.  

Donna Kinnair, general secretary of the Royal College of Nursing, said: “The current shortage of 43,000 registered nurses can only be filled by registered nurses – with degree-level education.  “It is unfair on staff and inappropriate for patients to try to plug this gap with other staff.”

She said “more detail” was needed on where the 50,000 nurses would come from, adding: “The emphasis must be firmly on growing the domestic workforce, as while we welcome nursing colleagues from around the world, an over-reliance on international recruitment is neither sustainable nor ethical in the long-term.”  And she said money was needed for tuition fees for trainee nurses, not just cost-of-living grants.

So it appears there will be significant international career opportunities for  healthcare professionall in the UK in the near future.

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Conservatives promise to 'add' 50,000 more nurses ahead of UK election

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UK Govt Unveils New Rules For Fast-Track Visas For Doctors And Nurses

How the fast-track UK visa for doctors and nurses will work

The UK government on Thursday confirmed plans to introduce a new visa for qualified doctors and nurses from countries around the world to address workforce shortages in the state-funded National Health Service (NHS).

Prime Minister Boris Johnson had made references to such a new so-called “NHS visa” on the election campaign trail, which was confirmed as part of the Queen’s Speech in Parliament on Thursday – the formal process of Queen Elizabeth II laying out the parliamentary agenda of the newly-elected Boris Johnson led Conservative Party government.

“Steps will be taken to grow and support the National Health Service’s workforce and a new visa will ensure qualified doctors, nurses and health professionals have fast-track entry to the United Kingdom,” her speech notes.  “A modern, fair, points-based immigration system will welcome skilled workers from across the world to contribute to the United Kingdom’s economy, communities and public services,” it adds, in reference to another Johnson pledge ahead of the December 12 General Election – to introduce an Australian-style points-based immigration system to attract the “brightest and best” from around the world.

An accompanying government briefing paper elaborates that under its “NHS People Plan”, qualified doctors, nurses and allied health professionals with a job offer from the NHS, and who have been trained to a recognised standard, will be offered fast-track entry, reduced visa fees and dedicated support to come to the UK.

The British government has claimed that its new visa and immigration system, which would be in place post-Brexit once Britain has left the European Union (EU) next year, would be “fairer” as it would put skilled migrants from around the world at par once the EU’s freedom of movement rules no longer apply to the UK.

The Plan mentions the aim to increase the nursing workforce by over 40,000 by 2024, and to reduce vacancies to 5 per cent by 2028. The Plan underlines the need to increase international recruitment in the short and medium term, among other measures. The government’s “NHS People Plan” mentions the “significant staff shortages” at many places. An increase in the numbers of nurses is the “single biggest and most urgent” need of the NHS.

The post-Brexit scenario for the NHS may be grim, since it will restrict the movement of a number of doctors from the EU into Britain.

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Boris Johnson promises to fast track NHS visas for overseas doctors

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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.

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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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