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The Migration Advisory Committee’s latest report on Brexit

The Migration Advisory Committee's latest report on Brexit

The Migration Advisory Committee (“MAC”) recently published their much awaited report on the Australian-style Points-based system as a model for the UK’s future immigration system. To many immigration lawyers, the report came as a surprise as it suggests no significant changes to the existing Points-based system that has been in place since 2008.

 

This 2020 MAC report builds on their 2018 report dealing with EU migration. In the 2018 report the MAC made radical recommendations to relax the overall requirements for a work visa under the Tier 2 (General) route, for example: abolishing the annual cap on work visas, eliminating the resident labour market test and reducing the job skills threshold. The 2020 MAC report makes it even easier for employers to sponsor highly-skilled and medium-skilled migrants by proposing to reduce the minimum salary threshold from £30,000 per year to £25,600 per year.

 

Having said the above, there are many important issues still to be addressed before the end of this year:

 

1) Employers contemplating hiring EU nationals from outside the UK from 1 January 2021 (after the end of the Brexit transition period) will require a sponsor licence, unless the Home Office introduces a new system which is streamlined and user friendly. This is likely to create a surge in demand for licences, which will create more delays due to capacity issues within the Home Office.

2) Employers seeking to recruit new workers from the EU from 1 January 2021 will face significant cost pressures as a typical Tier 2 (General) work visa valid for three years for a large company will cost approximately £5,000 in Government fees alone.

 

3) There is very little discussion surrounding low-skilled workers. The December 2018 White Paper published under Theresa May’s government describes a separate visa category to allow low-skilled workers from low risk countries with strict conditions (e.g. 12 months maximum duration with a cooling-off period of 12 months). The 2020 MAC report unfortunately does not shed any more light on what this route will look like and whether there will be any special requirements to qualify.

 

4) The proposed £25,600 minimum salary threshold is still too high for some sectors, such as the retail and consumer industry. Many franchise restaurants, for example, may not be able to pay this level of salary for their chefs. Whilst the 2020 MAC report does not suggest a variation in the minimum salary threshold across different sectors in the UK economy, the Government may need to consider this in order to address the acute shortage of workers in some sectors.

 

5) Businesses only have 11 months to prepare for the new Immigration Rules to take effect. As with the previous introduction of new rules, we foresee confusion and inconsistencies in the decision-making process by the Home Office. This is likely to cause more delays and frustration on the part of businesses and workers.

 

Whilst the new 2020 MAC report provides important information, there remains a substantial number of issues to be resolved in order to create a better immigration system that benefits employers and protects our resources (e.g. medical care, roads and social services) from being overwhelmed.

 

Given that this 2020 MAC report may not go far enough in the eyes of the Government, it is certainly possible for Mr Johnson to go beyond their recommendation. However, the administrative machinery of the Home Office may not be able to incorporate such drastic changes by the end of this year. We await the discussion of the 2020 MAC report amongst Cabinet ministers next month and it is expected that a new White Paper on the future of business immigration policy will be published shortly thereafter.

 

Employers are advised to remain vigilant for further updates.

Will the UK have a points-based system for entry?

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‘We need all hands on deck’: Backpackers called in to bushfire recovery effort

The new visa system details are now becoming clear

Backpackers are being brought in as reinforcements for the bushfire recovery effort under a new plan by the federal government.  The visa system will be overhauled so backpackers are incentivised to help farmers and communities rebuild after the crisis.

Acting Immigration Minister Alan Tudge has announced three major changes following a recommendation from the National Bushfire Recovery Agency as follows:

  • Backpackers can work for an employer for 12 months instead of six months
  • Construction work is now included as part of the designated activities backpackers are allowed to participate in
  • Up to three months of voluntary work will now count towards backpackers’ eligibility for a second-year visa

Mr Tudge said the response to the announcement has been significant and overwhelmingly positive.

“They’re very practical measures just to get more people on the ground.  “Going right now because we need all hands on deck.”

As this initiative unfolds we will keep you informed however we suggest you get in early to take advantage of this opportunity so Contact us for a confidential discussion and refer family, friends and colleagues and be rewarded.

Raging Australian wildfires force residents to water's edge

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Backpackers Invited To Help Australia Rebuild In Wake Of Bushfires

Come Help Us Rebuild Our Country

Backpackers are being invited to help Australian farmers and communities rebuild after devastating bushfires, with visa changes designed to encourage them to join the effort.  Under the changes, backpackers will be able to count volunteering as work when applying to extend their working holiday visas, and those in bushfire zones can stay with the same employer for a year instead of six months.

Construction work in disaster zones will also count as work under the new rules designed to support farmers and regional businesses.  The changes were announced by Acting Immigration Minister Alan Tudge in regional Victoria yesterday.  Mr Tudge said the working holidaymakers would be able to help farmers and businesses with demolition and land clearing on properties, as well as repairing dams, roads and railways.  

“These hardworking Australians have been hit by the recent bushfires, but from today they can employ backpackers for six months longer, helping them at a critical time in the recovery effort,” he told the newspaper.  “This recovery will be driven locally, by local workers and communities.  “But this will be a massive recovery effort and we want businesses and charitable organisations to have as many boots on the ground as they need.”

The visa rule changes follow recommendations from the National Bushfire Recovery Agency.

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

Aerial footage captures devastating aftermath of Mallacoota bushfires

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Australian-style UK Visa Points-Based System By End Of 2020

Full details of the new system have yet to be announced

During his time as London Mayor, and upon becoming Prime Minister, Boris Johnson has called for an immigration system similar to Australia’s, in the UK. Now UK Home Secretary, Priti Patel, is pushing for Britain’s Australian-style, points-based UK visa and immigration system to be in place by the end of 2020, two years earlier than originally planned. Now it seems Johnson’s Home Secretary is keen to implement an Australian-style system to coincide with the UK’s transition period with the European Union (EU).

 

The push for a points-based UK visa and immigration system has been a matter of confusion because the UK’s highly skilled, Tier 2 visa category already operates under a points-based system, with applicants currently needing a minimum of 40 points to be eligible for a UK visa.

 

At this stage, it’s unclear what an Australian-style, points-based immigration system in the UK will look like, leaving many businesses worried about how they will hire foreign staff, when Britain leaves the EU. The government has been very vague about the plans, but has made it clear that low-skilled immigration will be heavily restricted.

 

The news of Priti Patel’s push for an Australian-style immigration system in the UK by the end of 2020 comes amid comments made by Prime Minister Boris Johnson at the UK-Africa investment summit on 20 January.  Johnson said: “The UK should be the investment partner of choice for Africa and my government will put people before passports. Change is coming and our system is becoming fairer and more equal between all our global friends and partners, treating people the same, wherever they come from.”  “By putting people before passports, we will be able to attract the best talent from around the world, wherever they may be,” Johnson added.

 

Patel’s push for the new immigration system to be introduced by the end of 2020 has been met with heavy criticism.  Under existing UK visa and immigration plans, outlined by former Prime Minister Theresa May, there is a temporary extension of EU rules in place following Brexit, which comes to an end on 31 December, 2020.  A Confederation of British Industry (CBI) statement said: “Priti Patel’s plans could seriously impact British businesses. Companies will need at least two years to adapt to any new immigration system.”

 

The UK’s shadow Home Secretary, Diane Abbott, said: “This is an ill-informed and reactionary policy that will damage us all, damaging to everything from the NHS to other public services and some of our key private sector industries.”  “Ministers talk about ending uncontrolled migration when they have been in office for 10 years. In reality this is just a new twist in the long Tory campaign against migrants, scapegoating them for the terrible effects of Tory policies,” Abbott added.

 

Meanwhile Christine Jardine, Home Affairs spokesperson for the Liberal Democrats, described Patel’s plans as a ‘national embarrassment’, saying that such a decision makes it very obvious that the Conservative government has no intention of ending its hostile environment policy.  Jardine said: “For business and our economy, such draconian changes to immigration rules is utterly unworkable. To think the Home Office could implement the changes in the time given is a joke.”

 

Explaining how the points-based immigration system in Australia works, Dr Alan Gamlen of Monash University in Melbourne said: “It’s a general skilled migration programme, where immigrants applying for a visa are typically selected based on ‘economically relevant characteristics’ like education, language skills and work experience.”  Dr Gamlen outlined that the exact way points are allocated is dependent on immigration policy and the state of the labour market, but generally an applicant will select a skilled occupation from a set list and must score a minimum number of points.

 

In the run up to the UK general election, Boris Johnson said that an Australian-style, points-based system in the UK would limit the number of lower-skilled immigrants allowed into the country. Johnson said that lower-skilled immigrants would only be eligible for UK entry if there was a specific skills shortage.

UK: Britain to introduce points-based immigration system - Home Secretary

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BLOG SERIES – WORKING IN THE UNITED ARAB EMIRATES (UAE) – PART 11

How to get a visit visa to the UAE?

Tourism is a big part of the UAE’s economy, with the industry expected to boom to Dh116.1 billion by 2027.  Here is a breakdown of all that you need to know about the regulations and costs related to visit visas.  There is a slight difference between tourist visas and visit visas, wherein a visit visa can later be converted (before expiry) into an employment visa or a residence visa without the need to exit the country upon payment of a fee.

 

Visit Visa:

Can be of 30 days or 90 days with two extensions possible of a maximum of 90 days each. Visit visas can be broken down into the following categories:

  • 30-day single entry visa
  • 30-day multiple entry visa
  • 90-day single entry visa
  • 90-day multiple entry visa

There are also options available for two-days, four-days or 14-days visa but they are considered transit or service/business visas and have different regulations around them.

 

To apply for a visit visa, you need to provide the following documents:

  • Completed application form.
  • Passport-sized photograph with a white background.
  • Passport copy, with the passport valid for at least six months at the time of travel.

 

It is advisable to also have other official documents with you in case you are travelling with family members.  You may be asked to submit your marriage certificate if you are travelling with your spouse, birth certificates of your children, if they are travelling with you as well as your parents’ documents showing proof of relationship, if they are above 60.

 

A tourist/visit visa can be applied for by any of the following UAE-based agencies:

  • Airline
  • Hotel
  • Travel agency
  • Individuals

 

What is the process?

There are certain requirements for each of these organisations if you would like to apply for a visa through them. UAE-based airlines – Emirates, Etihad, Air Arabia and FlyDubai – offer tourist visa services.  Airlines or hotels would require you to book your travel or stay with them in order for them to process your visit visa.

 

If you are booking with a travel agent, you would need to book the tour package with the agency. However, always check whether the travel agencies are registered before sending them your official travel and identification documents. You can do so by contacting the UAE embassy in your country.

 

If a trusted friend or family member lives in the UAE, he or she can also apply for your tourist visa through any of the approved platforms:

  • The Federal Authority for Identity and Citizenship (ICA)
  • General Directorate of Residency and Foreigners Affairs (GDRFA)
  • Mobile apps
    • GDRFA Dubai’s mobile app – available on Apple and Android
    • DubaiNow – available on Apple and Android
  • Typing centres
  • Amer centres in Dubai

 

It is important to note that the cost of the visa can vary based on which agency you have approached and which emirate you are applying from.

For residents applying for a visit visa for a family member or a friend, they may also need to make a deposit.  You could also get a discount on the visa from agencies if you are making a group booking. Find out more by speaking to people and agencies before you make the final decision. The cost for visit visa and tourist visa are different.

 

These are the costs for the visit visa, if you apply through Amer centres:

  • 30-day single entry visa – Dh393
  • 30-day multiple entry visa -Dh653
  • 90-day single entry visa – Dh793
  • 90-day multiple entry visa – Dh1,653

 

These are the costs for a tourist visa, if you apply through Amer centres:

  • 30-day single entry visa – Dh253
  • 30-day multiple entry visa -Dh553
  • 90-day single entry visa – Dh603
  • 90-day multiple entry visa – Dh1,553

 

However, applying through Amer centres requires a security deposit which is refunded when the sponsored exit the country.

 

Do I need to carry the visa copy with me?

With the automation drive in the UAE, visas are now issued online and at the immigration, you should be able to go through based on the e-visa associated with your passport. However, it is always advisable to carry a copy of all necessary documents while travelling.

 

Can I extend my visa?

All types of visit and tourist visas can be extended for 30 days twice, upon renewal without the need to leave the country:

  • To renew your visa for 30 days, you would need to pay approximately Dh1,450
  • To extend your visa for 90 days, you would need to pay approximately Dh2,000

 

This cost, too, can vary based on your agent and the emirate you are applying from. If you overstay your visa, you will have to pay a fine of Dh100 for each day of the overstay, calculated from 10 days after the visa expiry.  However, the new rule for extension does not apply on the following categories:

  • visitors and tourists who are residents in GCC countries
  • residents accompanying GCC nationals
  • those on special entry permits
  • those on 96-hour permit for special missions.
  • Visa on arrival

 

Nationals from 59 countries can get visa on arrival in the UAE. The list of the countries can be found here.  However, the duration of the visa as well as provision of extension can vary based on which country you are from.

  • a visit visa issued by the USA or
  • a green card issued by the USA or
  • a residence visa issued by the UK or
  • a residence visa issued by the EU

They can obtain a visa on arrival for a maximum stay of 14 days provided that the visas or the green card is valid for at least six months from the date of arrival into the UAE.

 

Should I get travel insurance?

It is always recommended that you get travel insurance when visiting a country. While the amount might seem like a lot, it protects tourists and visitors from extreme expenses in case of medical emergencies.

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

Types of Visa in the UAE. Moving to Dubai

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Australia – Coronavirus Update

Australia implements a new temporary travel restriction effecting all travellers arriving from, or who have transited mainland China

The Australian Government has announced that all travellers seeking to travel to Australia from any part of mainland China, regardless of nationality, will be subject to enhanced border control measures to address the public health risks associated with the global outbreak of the Novel Coronavirus.  Australia will deny travel to or entry into Australia to anyone who has left or transited mainland China from 1 February 2020 with limited exceptions.

Following the declaration by the World Health Organisation (WHO) that the outbreak of a new Coronavirus that began in the Chinese city of Wuhan is a Public Health Emergency of International Concern, the Australian Government has announced temporary new measures including travel restrictions on all nationalities who have left or transited through mainland China on or after 1 February 2020.  The new measures mean that Australia will deny travel to or entry into Australia to anyone who has left or transited mainland China from 1 February 2020, with the exception of:

  • Australian citizens
  • Australian permanent residents
  • Immediate family members of Australian citizens and Australian permanent residents including spouses, minor dependents and legal guardians; and
  • Airline and maritime crew, where appropriate precautionary measures have been taken

The travel restriction, implemented as a public health precaution, will apply to those seeking to enter Australia as well as those seeking transit through Australia on route   to a third country.  The travel restriction only applies to anyone who has left or transited mainland China from 1 February 2020.  It does not apply to anyone who has travelled to or transited the special administrative regions of Hong Kong or Macau.  The new measures are temporary.  The Australian Government will review these measures in 14 days.  As a further precaution to the spread of the new Coronavirus, the Australian Department of Foreign Affairs and Trade (DFAT) has raised the level of travel advice for mainland China to ‘Do not Travel’.

Any temporary visa holder who has left or transited mainland China on or after 1 February 2020 will be unable to travel to Australia until further notice.   We understand that any temporary visa holder in this situation seeking to travel to Australia may have their visa cancelled.   However, arrangements will be made to reinstate visas as appropriate following the lifting of these enhanced border control measures.

We recommend that clients assess whether staff have left or transited mainland China on or after 1 February 2020 before making travel arrangements.  This measure is likely to disrupt some individuals seeking to travel to Australia to take up assignments holding subclass 400 (Temporary Work) or subclass 482 (Temporary Skills Shortage) visas and travel arrangements would need to be postponed for these individuals.   In addition, if any existing temporary visa holders may have travelled to or through China, for example due to the Chinese New Year celebrations, they would also be unable to return to their assignments at this time. 

There have been no announcements as to the impact of visa processing of Australian visas  however employers should plan for delays in processing and potential requests for further information.  Student visa holders are subject to these measures and will be unable to return to Australia. We understand educational institutions are providing guidance to new and returning students and student visa holders should contact their educational institution

Australian citizens, Australian permanent residents, and their immediate family, who have left or transited mainland China on or after 1 February 2020, will still be able to travel to and enter Australia.  However, the Australian Government have announced that those individuals will be required to self-isolate for 14 days from the time they left mainland China.

Scott Morrison announces travel ban on Chinese tourists entering Australia amid Coronavirus outbreak

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Boris is likely to end £30,000 immigration threshold post-Brexit

Post-Brexit immigration regime likely to mean an end to the controversial £30,000 salary floor

Boris Johnson’s new post-Brexit immigration regime is likely to mean an end to the controversial £30,000 salary floor for skilled workers, government sources have confirmed.  The independent migration advisory committee (MAC) is expected to report shortly on whether the threshold should be retained.  Downing Street will then spell out more details of an “Australian-style points-based system” – of which salary is expected to form just one element.  Government sources said it would be more “nuanced” than an across-the-board salary floor.

The £30,000 limit is currently applied to those seeking tier 2 visas – the main entry-route to the UK’s labour market for skilled workers from non-EU countries. A lower limit of £20,800 is applied to younger workers.  “The £30,000 minimum salary threshold for tier 2 visas was unnecessarily and arbitrarily high. It would have strangled the pipeline of talented younger people at the start of their careers, especially in key economic sectors such as the NHS and the creative industries.  Family visas only require a minimum salary threshold of £18,600 to be able to bring some family members to the UK.

The Conservative manifesto omitted the promise to cap net migration below 100,000 a year – a pledge that had shaped the party’s policy since it was adopted by David Cameron in 2010.  Responding to news that the £30,000 limit was likely to be dropped, the shadow home secretary, Diane Abbott, said it showed that the UK economy needed a broad range of workers.  “We always said their plans were unworkable, as many employers in the private and public sector need what the government insists on calling ‘low-skilled workers’. But all workers need decent pay, reasonable conditions, a right to a family life and trade union rights, wherever they are from. We will continue to fight for them,” she said.

The MAC was asked by the government last June to examine the question of salary thresholds and how a points-based system might work. In 2018, it recommended the retention of salary thresholds.  The threshold is already waived in some sectors, including in the NHS.

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

UK: Boris Johnson promises stricter immigration changes

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BLOG SERIES – WORKING IN THE UNITED ARAB EMIRATES (UAE) – PART 8

Deportation From The UAE

There two types of deportation, legal and administrative. Legal deportation is issued under a court order, while administrative deportation is issued by Federal Identity and Citizenship Authority and lifted under an application to General Directorate of Residency and Foreigners’ Affairs in the related emirate.

Judicial deportation – Legal deportation is issued under a court order against a foreigner who is sentenced for a felony by a custodial punishment. Article 121 of Law No. 3 of 1987 on penal code, amended by virtue of Federal Law No. 34 of 2005, amended by virtue of Federal Decree-Law No. 7 of 2016 provides that a foreigner, who is sentenced for a felony by a custodial punishment or for crimes involving sexual assault, shall be deported from the State.

In other misdemeanours, the court may order that he must be expelled from the country or that the expulsion be as an alternative penalty to the custodial punishment.

Administrative deportation – Administrative deportation is issued by Federal Identity and Citizenship Authority against a foreigner for the sake of public interest, public security or public morals. This type can be removed under an application to be submitted to General Directorate of Residency and Foreigners’ Affairs in the related emirate.

According to the Ministerial Decision No. 360 of 1997, promulgating the executive regulation of Law No. 6 of 1973 on Entry and Residency of Foreigners, amended by Decree Law No. 17 of 2017, the federal public prosecutor or his legal representative and chairman of Federal Authority for Identity and Citizenship or his representative may issue a deportation order against a foreigner, even if he/she holds a valid entry permit or residency visa, if that deportation order is required for the sake of public interest, public security, public morals or public health, or if that foreigner does not have an apparent means of living.

Order of deportation issued to a foreigner may include the members of his family, who depend on him for their living.

Grace period to settle interests of the deported person – If a foreigner against whom a deportation order has been issued has interests in the country that need to be settled, he shall be granted a grace period after providing a bail. Federal Authority for Identity and Citizenship shall define the duration of that grace period, which shall not exceed three months.

Lifting administrative deportation – A foreigner who has been deported administratively may not return to the country except with special permission from Ministry of Interior, as per Article 28 of Law No. 6 of 1973 on Entry and Residence of Foreigners.

The application for obtaining the special permit referred to above shall be submitted to the naturalisation and residency administration concerned with receiving the applications for entry permits and visas, provided that the application shall contain all information related to the previous residency permits, the reasons for deportation, and circumstances which occurred thereafter. Justifications for entry may be mentioned in the application, supported with documents and necessary evidence.

Lifting legal deportation – A foreigner, against whom a legal deportation order is issued, may apply to the public prosecution to cancel the deportation order. He/she may state reasons for his application and submit supporting documents. The application is sent to a special committee to take a decision on lifting the deportation order. In Dubai, you can apply online to cancel deportation via the website of Public Prosecution.

What is the Blacklist? – According to the Executive Regulation of Law No. 6 of 1973 on Entry and Residence of Foreigners, the blacklist includes the names of individuals prohibited to enter or leave the UAE due to committing a crime, their liability for civil rights or for being dangerous to the public security.

Entering names in the blacklist or cancelling names shall be based on a letter issued by the authorities concerned for the following categories:

  • Individuals banned from entrance
  • Persons who previously committed crimes and ordered by the competent court to deport the country
  • Persons deported under administrative orders of Ministry of Interior according to Article 23 of Law No. 6 of 1973 on Entry and Residence of Foreigners
  • Persons whose activities are reported by International Criminal Cooperation Department
  • Persons who were proved to be suffering from AIDS or other diseases that Ministry of Health and Prevention deems dangerous to the public health
  • Persons deported from the GCC countries for criminal reasons.

How do you get off the blacklist? – Individual names recorded in blacklists can be lifted according to the following conditions:

  • Individuals listed under a competent court decision shall be subject to procedures and rules included in articles 102, 103 and 104 of the Ministerial Resolution No. 360 of 1997
  • Individual names listed under a decision by Minister of Interior or his/her authorised representative according to article 23 of Law No. 6 of 1973 on Entry and Residence of Foreigners will be lifted under a decision issued by the same minister
  • Individual names listed under an order by International Criminal Cooperation Department will be lifted in the same way of listing.
  • Individuals banned from leaving
  • Every individual against whom an order is issued by the public prosecutor or its representative, regarding a case being investigated
  • Every individual against whom an order is issued by a competent court, regarding a case being considered
  • Any person liable for paying government funds, in which case, the leaving ban order will be issued by the competent Minister or his authorised representative.

How do you get off the banned from leaving list?

  • Names of individuals banned from leaving the UAE can be lifted from the blacklist under a written order by the Public Prosecutor or his/her representative after receiving a written notice from the same entity which issued the ban order
  • Names of individuals banned from leaving the UAE under a competent court decision will be lifted from the blacklist under a written order from the same court
  • Names of individuals liable for paying government funds will be lifted from the blacklist under a written order from the authority concerned stating justification and reasons. In this case, the ban lifting order has to be issued by Minister of Interior or his authorised representative.

What is an administrative list? – The administrative list includes names of persons banned from entering the UAE due to cancellation of their residence visas and persons banned from leaving because of escaping from their sponsors.

Administrative list includes the following:

  • Maids and other similar individuals, who cancelled their residence visas before expiration of their labour contracts
  • Persons who absconded from their sponsors and were reported to the police
  • Persons against whom an administrative deportation order was issued.

How are names lifted off the administrative list? – Department of Entry and Residence Permits may lift names of the following categories from the administrative list after one year from their leave or deportation from the UAE:

  • Domestic helpers added to the list because of cancelling their residence before expiration of their employment contracts.
  • Individuals deported from the UAE according to Article 29 of Foreigner Entry and Residency Law
  • Individuals banned from entering the UAE according to fines reduction regulations provided in the Ministerial Resolution No. 360 of 1997.

Who organises and updates these lists? – The Federal Department of Criminal Police in Ministry of Interior is responsible for preparing, organising and updating blacklists. The General Directorate of Residency and Foreigners’ Affairs is responsible for preparing, organising and updating the administrative lists.

Interested in a new life adventure in the UAE? Contact us for a confidential discussion and refer family, friends and colleagues and be rewarded.

Dubai: Expectation vs reality - BBC NewsAdd Your Heading Text Here

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