Visa

Relief For Horticulture Farmers This Summer

26 December, 2019

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.

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

Fair Work And Fair Rights For Australian Visa Holders

25 December, 2019

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.

How to get help from the Fair Work Ombudsman

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

21 December, 2019

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.

Limited term contract or (fixed-term)
Unlimited term contract.
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.

UAE Employment Contracts: Limited vs Unlimited

Australia Launches Global Talent Independent (GTI) Program

17 December, 2019

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?

Australian Global Talent Independent Program

Blog Series – Working In The United Arab Emirates (UAE) – Part 2

14 December, 2019

Part 2 – You have a job, but found a better one within six months - What happens then?

Under Article 1 of Ministerial Decree No. 766 of 2015, an employee whose employment was terminated because of expiry of his contract, whether limited or non-limited can get a new work permit when he wishes to join new employment.

An employee can also get a new work permit for all limited and unlimited contracts if:

It is determined whether the employer has failed to meet the legal and contractual obligations, including but not limited to failure to pay wages for more than 60 days.

MoHRE confirms that the employer has not provided work due to the firm being inactive for more than two months, and if the worker reports to the ministry during this period.

The final ruling in a labour case (which MoHRE refers to the Labour Court on the basis of a complaint) is in favour of the employee and wherein the case pertains to early termination or outstanding wages, which are less than two months of dues for end of service.

But, again other than just the two types of contracts, you also have the two categories of skilled and unskilled workers – information you need to know:

New permits for unskilled workers

A new permit can be granted when both the worker and the employer mutually consent to terminating the contract during the term provided that the worker has completed at least six months’ employment.

The ministerial decree notes that a new permit can be issued to a worker whose employer terminated him unfairly, without the need to complete six months.

New permits for skilled workers

The requirement of six months’ employment is waived if workers qualify for the skill set series 1, 2 or 3 as classified by the ministerial decree, which denotes holding a university degree, post-secondary diploma or high school diploma respectively. This is applicable if the employee fulfills his contractual commitments.

Once the permit comes through, the process starts for applying for the work visa that will allow you to be a working resident in the UAE:

In general, expatriate employees are issued residency visa for one year or two years based on their labour contract. Also, you have an open and closed contract. In case of an open contract, it gets renewed as many times as the company would like to keep you in their employ. A closed contract has a fixed tenure.

The duration of residence visa depends on the type of sponsor and the person sponsored. It is issued for one, or two or three years. Visa is renewed subject to conditions similar to those of fresh visas.

Types of Visa in the UAE. Moving to Dubai

Blog Series – Working In The United Arab Emirates (UAE) – Part 1

7 December, 2019

Part 1 – Introduction & Everything You Need To Know About Getting A Work Permit In The UAE

Expats from all over the world have been, and are attracted to seeking career opportunities in the UAE. In fact our managing partners have done so.

As a result of fielding many enquiries about living and working there, how to secure a position etc we thought we would produce a series of blog posts to answer the many questions.

We will publish a weekly blog post every Saturday to provide you with some lazy weekend reading for a period of time, chunking down everything you need to know about working in the UAE.

So here we go, let’s start with:

A snapshot of the UAE, and
The work permit.

The United Arab Emirates, is a country in Western Asia at the southeast end of the Arabian Peninsula sitting on the Persian Gulf. The monarchy is a federation of seven (7) emirates comprising the capital Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quwain. Each emirate is governed by a ruler. In 2013 the population was 9.2 million, of which 1.4 million were Emirati citizens and 7.8million expats. That’s a whopping expat population of 83%, so there’s a well worn track leading there regardless of where you come from.

If you are an expatriate and want to work in the UAE, then you cannot do so without a visa

It starts with securing a position, which can be achieved via a range of classified sites, or by engaging with a recruitment consultancy such as “The Aristos Group”. Generally securing a position occurs in one of three ways:

Securing a position from overseas;
Already there on a visit/tourist visa and find a job; or
Already have a job there but are moving to another company.

Regardless of how you secure the position here is the process:

Obtaining a ‘work permit’ from the Ministry of Human Resources and Emiratisation (MoHRE).
The employer who is the sponsoring company has to bring you in on this permit first, following which they will convert it into a residency visa.
The work permit allows the holder to enter the UAE for employment, and it is valid for two months from the date of issue.
After the employee enters the UAE on the basis of the work permit, the sponsoring company arranges to complete the formalities of medical testing, obtaining UAE Resident Identity (Emirates ID) Card, Labour Card and stamping the UAE Residency Visa on your passport within 60 days.
The UAE Residency Visa on the employee’s passport denotes the passport holder is sponsored by the company he/she is employed by.
All costs for the Work Permit, medical testing, Emirates ID and UAE Residency Visa are borne by the employer.
After the employee receives a visa, he/she can sponsor his/her family members and bring them into the country.
If you are on a tourist/visit visa, then you can obtain a work permit by exiting the UAE, be it to a neighbouring or your home country. There are airlines offering this ‘visa run’ facility on the Dubai-Oman-Dubai leg, such as Air Arabia and Fly Dubai.
The other option for the company is that the status can be changed inside the country through a ‘Changed Status’ process by the General Directorate of Residency and Foreign Affairs (GDFRA) of the emirate that the company is located in, which works in tandem with the federal authority MoHRE.

Important note

Signing employment contract from abroad:

If you are hired from overseas, the MoHRE and Ministry of Foreign Affairs and International Cooperation have set up centres outside the UAE. At the centres, you are able to discover your rights, duties and terms and conditions of employment and all privileges, in the language you understand.
This mechanism ensures a transparent contractual relationship between employers and employees and prevents any fraudulent attempt to replace job offers upon the arrival of the employee in the UAE.

What are the documents a company will need from you to apply for a work permit?

A colour photograph with a white background.
A copy of your passport, which has to be valid for a minimum of six months.
If evidence of academic qualifications is required (post-secondary diploma, university degree or equivalent), a copy authenticated by the Ministry of Foreign Affairs of the home country is necessary.
A letter of approval from the relevant authority is necessary in case of a physician, pharmacist, nurse, and teacher (your employer will guide you on it).
You cannot be below the age of 18 years.
Your qualifications have to be commensurate with the company’s activity.

If everything is in order and your employer has followed the due process, you should get a work permit issued within two weeks.

Age Limits – You cannot get a work permit if you are below 18 years however there is no maximum age limit.

The UAE’s Labour Law No. 8 of 1980, as amended does not specify a particular age to terminate employment contracts on the basis of age or seniority.
As per Ministry of Human Resources and Emiratisation (MoHRE), the fees for issuing an initial approval for a work permit for those who are 65 and above is AED 5,000 every two years.

So there you have it – The first step in the journey. See you next week.

Between now and then we suggest you have a look at the video below, have a look online at different sites for suitable positions, conduct due diligence on cost of living, local laws etc, check out our “JOBS” and “ABOUT” page and also have a read of a previous BLOG Post on our service offering and contact us for a confidential discussion if you wish.

Have a great weekend.

Opportunity Of A Lifetime – Australia’s New Regional Visa Program Has Been Launched

6 December, 2019

Migrants Are Being Encouraged To Settle In Regional Areas Under An Australian Government Initiative

Migrants are being encouraged to settle in regional areas under an Australian Government initiative to bust congestion in the major cities and support regional economies. Two new skilled visas have been rolled out, which provide skilled migrants with the opportunity to live and work regionally for three years and then gain access to permanent residency instead of having to wait the normal four years. Great news if you are looking for a new life with great career opportunities, a buoyant economy, safe environment, stunning landscapes and a relaxed lifestyle.

Immigration Minister David Coleman said the new visas would help ease population pressures on Sydney, Melbourne and Brisbane and give regional communities access to skilled workers. “We are promoting growth in those regional areas that need more people, by requiring migrants to live and work in a regional area for at least three years. We are encouraging them to put down roots in those communities, meaning they are more likely to stay long term.”

The two new regional visas will also be introduced including:

A skilled employer-sponsored regional visa for people sponsored by an employer in regional Australia and
A skilled work regional visa, for people who are nominated by a state or territory government or sponsored by an eligible family member to live and work in regional Australia.

The Federal government has allocated 25,000 places for the regional visas.

When the word regional is mentioned it tends to conjure an image in one’s mind of a remote location out the back of nowhere. Not so under this initiative. Both the Gold Coast (pictured above) and Perth Western Australia are included as regional areas. In fact everywhere in Australia outside Sydney, Melbourne and Brisbane are designated as regional for the purposes regional migration visas. We have included videos of both locations below to provide you with an understanding of what regional means under this initiative.

Regional visas will also receive priority processing and have access to a wider range of jobs than those applying to migrate to major cities. The Federal government has deployed a team of Regional Outreach Officers to support regional employers and says there was a 124 per cent increase in the number of regional visas granted in the first quarter of this year.

This is potentially a once in a lifetime opportunity for forward thinking individuals who are looking for a new life adventure for themselves and those near and dear to them.

We suggest you aggressively pursue this opportunity as once it has fulfilled its purpose it is likely to be taken off the table.

We are working with a portfolio of clients who have numerous opportunities across a range of skill sets and qualifications nationally, which includes many regional areas. Contact us for a free consultation, we are here to help.

A full list of eligible occupations can be found at the Department of Home Affairs website.

Gold Coast - Queensland

Perth - Western Australia

Migration Visa Guide For Australian Businesses

4 December, 2019

Employers Now Have More Visa Options To Choose From For Sponsorship

Employers now have more visa options to choose from when considering the sponsorship of overseas workers and may find they require more than one subclass to achieve recruitment outcomes. Options available include:

subclass 400 – useful for short term, highly specialised work of no more than six months. This visa is often used by businesses with international offices which require an overseas employee to undertake a short term project in Australia.

subclass 408 (Exchange Arrangement Stream) – useful for businesses with overseas offices wanting to provide reciprocal staff exchange opportunities. This visa can be granted for up to two years.

subclass 482 (Temporary Skill Shortage) – the most common employer sponsored visa allowing businesses to sponsor skilled workers for up to four years. A pathway to permanent residence only exists for occupations on the medium term occupation list.

subclass 494 – commenced from 16 November 2019, this visa is specifically for businesses operating in regional Australia, which now includes Perth and the Gold Coast. This visa offers a much larger occupation list, a pathway to permanent residence and a five year visa

Designated Area Migration Agreements (DAMA) – operate in regions of Australia which have entered into a formal agreement with the Australian government providing flexibility for those regions to respond to economic and labour market conditions. DAMA’s use of the subclass 482 visa however can provide concessions to the market salary, English language, skills, and occupations which may not be available under other programs. Each of the six approved DAMA regions have their own specific occupation lists which can include semi-skilled positions.

labour agreements – can be negotiated by an industry or an individual business to provide concessions for occupations, market salary, English language etc. There are already a number of industry templates available to the meat, pork and dairy industry as well as for fishing and fine dining restaurants. These agreements use the subclass 482 and 494 visas.

Global Talent Employer Sponsored – for highly-skilled niche positions that cannot be filled through other standard visa programs. This program is useful for businesses operating in the science, technology, engineering and mathematics (STEM) fields where they want to employ workers who can help innovate in an established business, or for start-ups in a STEM field.

With so many options to choose from, how do you know which one is right for your business?
That will depend on the position, its location, and long term objectives.

Please Note: It is important to remember that visa conditions will differ from subclass to subclass and so too will sponsorship obligations.

Please don not hesitate in contacting us if you have any enquiries or require assistance regarding the visa system.