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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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Australian Labour Agreements – All You Need To Know

Australian Labour Agreements – All You Need To Know

Labour agreements enable approved businesses to sponsor skilled overseas workers when there is a demonstrated need that cannot be met in the Australian labour market and standard temporary or permanent visa programs are not available. 

Labour agreements are developed between the Australian Government represented by the Department of Home Affairs (the department) and employers. They are generally in effect for five years and provide for visas to be granted under one or both of the following visa programs: 

There are five types of labour agreements:

There are nine industry agreements in place:

  • dairy
  • fishing
  • meat
  • minister of religion
  • on-hire
  • pork
  • restaurant (fine dining)
  • advertising
  • horticulture

Steps in the process:

Step

Action 

1

Read Information about requesting a labour agreement (114KB PDF) and determine if you meet the minimum requirements and are in a position to lodge an online request for a labour agreement with all required supporting documentation.

2

Lodge your labour agreement request online using the Labour Agreement Request form in ImmiAccount. If you don’t have an ImmiAccount you will need to create one – ImmiAccount.

3

Attach required supporting documentation to your online Labour Agreement request.

On receipt of a complete labour agreement request:

  1. The department will assess the information you have provided and advise you of the outcome.
  2. If they are satisfied and approve your request for a labour agreement, they will send you a labour agreement document for review and signature.
  3. When you and all parties have the signed the document and returned it, the labour agreement comes into effect.  The department will send you a copy of confirmation when the agreement is in effect.

If you already have an existing labour agreement in place and you wish to renew it, you will need to lodge a new labour agreement request in ImmiAccount.

If you would like to make a change to your existing labour agreement email the department quoting your current PRID.

Ensure that you lodge your request and allow for at least three months in advance. Failing to do so may result in the cessation of your current agreement before a new agreement is approved.

 

Assessment process:

Labour agreements are assessed on a case by case basis and actual processing times can vary due to individual circumstances however may take up to 6 months.  Additional time may be taken depending on:

  • whether you have lodged a complete application, including all necessary supporting documents
  • how quickly you respond to any requests for more information

If a request for further information is received, you have 7 to 14 calendar days to respond.

If the labour agreement is approved and it is in effect, you can sponsor workers from overseas on their visa application. The labour agreement usually lasts for up to 5 years.

Any nominations or visa decisions cannot be made until a decision is made on the labour agreement request.  

Note: Processing times listed on the website and in ImmiAccount are for visa subclasses only—not for labour agreements.

Labour agreement sponsor obligations:

The labour agreement will tell you the number of workers from overseas you can nominate in each year for the first 3 years. It will also tell you which visas allow you to sponsor workers from overseas.

As the employer, you need to complete a nomination application for a worker from overseas through ImmiAccount. The worker then puts in their individual visa application.  You must meet all labour agreement and visa requirements for the whole time of the agreement and the visa

Requesting a change:

You can ask for a change to the number of workers from overseas you nominate in any year of your agreement by writing to us. You will need to provide the following information with your request:

  • an updated workforce plan, including any retrenchment or redundancies of Australian workers
  • evidence of all recruitment activities in the immediate 6 months before your request
  • evidence of salary for each occupation in your agreement for an Australian employee and an overseas worker

Copies of labour agreement templates:

For company specific templates, the agreement template is below – noting that it will be adapted dependant on negotiations with the relevant employer.

Industry labour agreement templates are as follows:

Note: Templates for DAMA or Project labour agreement are not available on the departments’ website.

For assistance with your Labour Agreements and finding employees to fill them Contact us for a confidential discussion.

Australian Labour Agreements

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Australian Skilled Independent Visa Subclass 189 – All You Need To Know

How To Obtain Skilled Independent Visa Subclass 189

If Australia is your dream country and you want to stay and live in Australia then a skilled Independent Visa subclass 189 is the best option for you. This visa permits you to stay in Australia legally without any issues. It is for the skilled employee who holds employment on Australia’s skilled occupation list. The skilled occupation list is already characterized by the Australian government. Positions like architects, engineers, physicians, construction managers, programmers, social workers, welders, electricians, nurses, dentists, teachers, carpenters are involved in Australia’s skilled occupation list.

To apply for the Skilled Independent Visa Subclass 189, you need to complete the skills assessment that shows you have required qualifications and skills for specific occupations and your occupation must be from the skilled occupation list.

Requirements for Skilled Independent Visa Subclass 189:

  • You must hold a subclass 444 visa
  • You need to fulfil the health requirement
  • You need to fulfil the character requirement
  • You need to fulfil taxable income requirement
  • You must be under 45 years.
  • You need to attain at least 6 points in speaking, writing, reading and listening to the International English Language Testing System.
  • Have expertise in occupation from the skilled occupation list.

 

To apply for Skilled Independent Visa Subclass 189, you need to:

  • Submit the Expression of Interest
  • Meet the Skilled Migration basic requirement
  • Follow the Australian polices and Australian rules

The main Advantage of 189 Visa Australia is that you can stay, work and study in Australia legally.  If you are eligible for Australian citizenship then you can apply for Citizenship.  You can also include your relatives and family members in your application and you can take advantages of the Medicare system.

There are two streams in the Skilled Independent Visa Subclass 189 and they are the following:

Points-Tested stream:

This stream allows skilled employees to stay and work permanently anywhere in Australia. For this stream, you don’t require a nominator or sponsor.

The requirements for Points-tested stream are:

  • You must be under 45 years
  • You need to fulfil taxable income requirement
  • You need to fulfil the character requirement
  • You need to provide Expression of Interest
  • You need to complete the Skills assessment
  • You need to fulfil the health requirement
  • You need to provide evidence of English language proficiency
  • You need to achieve the required marks in point test
  • You need to fulfil special return and public interest criteria

 

New Zealand stream:

New Zealand stream is for New Zealand citizens who have demonstrated contribution and commitment to Australia. This stream allows to work and stay in Australia permanently without any issue. The main condition to apply this visa is that you must have a subclass 444 visa and you must have stayed in Australia for a minimum of 5 years.

The requirement for New Zealand stream are:

  • You must have a subclass 444 visa
  • You need to provide evidence of English language proficiency
  • You must have stayed in Australia for a minimum of 5 years
  • You need to fulfil taxable income requirement
  • You need to fulfil the character requirement
  • You need to fulfil the health requirement
  • This is for New Zealand citizens
  • You need to fulfil special return and public interest criteria
  • You need to demonstrate the income of last year

 

Requirements  to obtain Skilled Independent Visa Subclass 189:

  • Your occupation must be on the Skilled Occupation List
  • You need to fulfil all requirements
  • Complete and submit the Skills Assessment
  • Provide EOI (Expression of interest) through skill-select
  • Find a sponsor and finish the required paperwork
  • Apply visa 189 online through DHA
  • Receive 189 Visa Australia

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

Australian Immigration News Video December 2019 - Changes 491 visa & 494 visa Regional Rush & more!

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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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UK points-based immigration system ‘to be brought in by end of 2020

Points-based immigration system could be in place two years earlier than originally planned

A points-based immigration system could be in place two years earlier than originally planned, according to reports.

Home Secretary Priti Patel is reportedly set to tell her cabinet colleagues that Britain should implement an Australian-style system before the end of the year – to coincide with the end of Britain’s transition period with the EU.  “We need to deliver change and businesses need to be prepared for uncontrolled migration of low-skilled workers to end this year.  “There is a clear drive for talented and skilled workers from around the world to come to the UK, but we also need to see a reduction in the number of unskilled workers entering the UK and that’s why this will be coming to an end.”

The reports come as Boris Johnson called for the UK to be the “investment partner of choice” for Africa and said his government would put “people before passports”.  He said: “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.”

The prime minister announced an end to UK support in thermal coal mining and coal power plants overseas during a speech at the UK-Africa Investment Summit in Greenwich.  Far fewer of the continent’s 54 leaders are in attendance in London than went to the Russia-Africa event last year, or China’s recent investment summits.  Mr Johnson said the UK conference was “long overdue” and added: “We have no divine right to that business.  “This is a competitive world. You have many suitors.”

The UK’s existing immigration plan drawn up under Theresa May would have provided a temporary extension of EU rules after the Brexit implementation period, which comes to an end on 31 December 2020.  A change like this could impact businesses, as groups like the Confederation of British Industry previously said companies need “at least two years to adapt to any new immigration system”.

Diane Abbott, shadow home secretary, 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, scape goating them for the terrible effects of Tory policies.”

Liberal Democrat Home Affairs Spokesperson Christine Jardine said: “Decisions like this make it loud and clear that this Conservative Government has no intention of ending the hostile environment. It’s a national embarrassment.  “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.”

Dr Alan Gamlen of Monash University in Melbourne said the Australian system is 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”.  He said: “The exact way points are allocated changes depending on policy and the labour market but typically an applicant picks a ‘skilled occupation’ from a list and needs to score a minimum number of points.”

During the December election, Mr Johnson said the system would mean lower-skilled workers would come to the UK when there was a specific shortage.

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

Points-based immigration system 'to be brought in by end of 2020'

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Australia’s Suite Of Regional Work Visas

Plenty Of Opportunities With Australia’s Suite Of Regional Work Visas

There is an abundance of opportunities with Australia’s suite of Regional Work Visas and “Regional” means anywhere in Australia other than the capital cities Melbourne, Sydney and Brisbane.  What is left is some of the most beautiful and best places in the world to live, work and raise a family.  Here is a breakdown of the visas available:

Skilled regional provisional visas

 

Temporary skilled visas

 

Permanent skilled visas

 

Working Holiday Maker visas

 

Pacific and seasonal work visas

We have some fantastic opportunities in regional areas so check out the jobs page on our website and Contact us for a confidential discussion and refer family, friends and colleagues and be rewarded.

Australian Immigration News Video December 2019 - Changes 491 visa & 494 visa Regional Rush & more!

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Australian Regional Migration Occupations

Australian Regional Migration Occupations

Skilled visas require migrants to be working in an eligible skilled occupation. Skilled visas are those designed to grow the Australian economy by filling skills gaps or building productive capacity in the labour market. Details of the revised Short-term Skilled Occupation List (STSOL), Medium and Long-term Strategic Skills List (MLTSSL) and the Regional Occupation List (ROL) are available on the links below.

On 11 March 2019, the skilled migration occupation lists were updated to respond to labour market changes, and help ensure that Australian workers are given the first priority for jobs, while allowing business access to the critical skills they need to grow.

Regional employers and skilled migrants applying for regional visas have access to more occupations than are available to metropolitan areas. 

Following the 11 March 2019 changes, there are 77 additional regional occupations available on the Regional occupation list.

The following visas are available to individuals who are qualified to work or train in an eligible skilled occupation in Australia and can meet all other requirements:

The combined list specifies:

  • the Australian and New Zealand Standard Classification of Occupations (ANZSCO) code for each occupation. The ANZSCO provides information on the skill level of jobs, qualifications and/or experience needed to work in occupations
  • caveats which exclude the use of the occupation in certain circumstances (applies to the ENS and TSS visas only)
  • whether the occupation is included on theMedium and Long-term Strategic Skills List (MLTSSL), the Short-term Skilled Occupation List (STSOL), the Regional Occupation List (ROL) or the Regional Sponsored Migration Scheme (RSMS) ROL List.
  • the assessing authority for skills assessments

A current list of eligible skilled occupations can be found in a legislative instrument for the relevant visa program.

*The RSMS ROL list is a separate list of occupations that applies to the RSMS visa only.

To respond to changes in the Australian labour market and regional variations across Australia, the list is reviewed regularly by the Department of Jobs and Small Business.

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

Australian Immigration News Video December 2019 - Changes 491 visa & 494 visa Regional Rush & more!

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Australian Regional Migration – What Are Designated Regional Areas?

Australian Regional Migration – What Are Designated Regional Areas?

Most locations in Australia outside major cities (Sydney, Melbourne and Brisbane) are classed as designated regional areas for migration purposes.

The regional definition is comprised of 3 categories and offers regional incentives for skilled migrants who migrate to locations classified as Category 2 ‘Cities and Major Regional Centres’ or Category 3 ‘Regional Centres and Other Regional Areas’:

Category 2 – ‘Cities and Major Regional Centres’ of Perth, Adelaide, the Gold Coast, the Sunshine Coast, Canberra, Newcastle/Lake Macquarie, Wollongong/Illawarra, Geelong and Hobart have access to the following regional incentives:

  • Access to the dedicated 25,000 regional places
  • Priority processing of regional visas
  • Access to the Regional Occupations List – more jobs compared to non-regional lists
  • International graduates with a bachelor or higher qualification from a regional campus of a registered institution will be eligible to access additional year in Australia on a post-study work visa

Category 3 – ‘Regional Centres and Other Regional Areas’ will also have access to the dedicated 25,000 regional places, priority processing of regional visas, and the Regional Occupations List. Additional incentives include:

  • International graduates with a bachelor or higher qualification from a regional campus of a registered institution will be eligible to access an additional 2 years in Australia on a post-study work visa.
  • Priority in negotiating region-specific Designated Area Migration Agreements (DAMAs)

Postcode List

A list of postcodes that specify designated regional areas is available and applies to the following visas:

Regional visas:

  • Skilled Work Regional (Provisional) visa (subclass 491)*#
  • Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
  • Skilled Regional (Provisional) visa (subclass 489)* – designated regional areas only apply to visa holders nominated by a State and Territory government agency whose visa was granted after 16 November 2019. See other specified regions for the invited pathwayand subsequent entrant pathway.

Skilled visas:

  • Skilled Independent visa (subclass 189)*
  • Skilled Nominated visa (subclass 190)*

Employer sponsored visas:

  • Regional Sponsored Migration Scheme visa (subclass 187) – the Temporary Residence Transition stream of the RSMS visa remains open to transitional 457 or Temporary Skill Shortage (subclass 482) workers.
  • Employer Nomination Scheme visa (subclass 186) – if the position is located in regional Australia, the nomination fee is waived.
  • Temporary Skill Shortage visa (subclass 482) – if using an occupation on the Regional Occupation List for this subclass.

Business investment visas:

  • Business Innovation and Investment (Permanent) visa (subclass 888)
  • State/Territory Sponsored Business Owner visa (subclass 892)

Note:

# additional 5 points (from 10 -15) under the Skilled Migration Points Test if nominated to live and work in a designated regional Australia.

* 5 points if study completed in a designated regional area and meets the Australian Study Requirement.

Exceptions:

Some visas only allow work within certain industries, rather than certain areas, such as the Seasonal Worker Program.

The Working Holiday Maker program offers a second and third year visa option for people who have worked in a regional area and within an eligible industry – this is a different list to the designated regional areas. A list of postcodes for the purpose of the Working Holiday Maker Program is available for each subclass:

The Safe Haven Enterprise visa (SHEV) is a temporary protection visa for people who engage Australia’s protection obligations and may provide options for holders to apply for certain visas in Australia if they meet the SHEV pathway requirements. Areas designated as regional for SHEV arrangements are different to the list of designated regional areas for migration purposes.

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

NEW Skilled Work Regional 491 Visa & Permanent 191 Visa Pathway

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