During these difficult times we sincerely hope everyone is ok.

We are liaising with Government and our clients to work out the best way through the current crisis and wanted to bring you the latest information and insights.

Travel ban
The travel ban was extended last Friday to effectively exclude all temporary visa holders. There has been no broadening of this policy and in fact it seems to be tightening. Under the current ban, temporary visa holders including TSS and 457 cannot re-enter Australia until this ban is lifted.

There are very limited exceptions and these are being looked at on a case by case basis by the Commissioner of the Australian Border Force (ABF). Any exemption must be requested BEFORE travelling to Australia and it will be extremely difficult to obtain. Further information on the exemptions can be found here.

Offshore Processing
We expect that all offshore processing of visas will soon be placed on hold. Many clients are choosing to continue lodging applications to be at the head of the queue as soon as processing resumes. We will work with your business to determine the best approach.

Expiring Visa Holders
Visa holders in Australia will need to lodge a new visa application before the current visa expires or they will become unlawful. There is no current exception to this rule. We will be working with clients and visa holders to ensure that all visa holders remain lawful. If you have concerns about any employee, please let us know.

Redundancies and Stand Downs
Our thoughts are with all of our clients in the hospitality sector and others who have been left with no choice but to make staff redundant or stand them down.

We are starting to receive a large number of enquiries from worried clients and former employees and have made representations to Government suggesting some simple changes to the current rules and polices that would help greatly until we are all through this. If you need assistance or would like to understand what we are doing please contact us.

Support
We will be providing the following complimentary services to support employers and visa holders during the crisis:

For employers

• FAQ that will be updated as information comes to hand.
• Free webinar on Thursday, 26 March at 10am AEDT which will explain the latest advice and policies.
  Reserve your spot now.

For visa holders (please circulate to them as required)

• FAQ that will be updated as information comes to hand.
• Free webinar on Thursday, 26 March at 12 noon AEDT which will explain the latest advice and policies. Your employees can reserve a spot here.

For visa holders and other individuals wanting more personalised visa advice, they can book a consultation with one of our lawyers.

If you know of people needing assistance please feel free to pass on any of the above free resources.

If there is any other way we can assist you at this difficult time please let us know.

DISCLAIMER This information is current as of 24 March 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

With the Novel Coronavirus outbreak, countries around the world including Australia are taking steps to minimise the impact of the spread for public health and economic reasons. This is having a dramatic effect on employers and our thoughts are with all of you and your staff.

Below are answers to the most common questions we are receiving:

Should our Australian employees travel out of Australia?
This is a personal and business decision, but the fact that the Department of Foreign Affairs has issued a level 4 travel warning for all countries should show how dangerous the Australian Government believes travel to be. DFAT has also published an urgent message for all Australian citizens to return to Australia as soon as possible if they intend to, suggesting that Australia might close our borders to Australians at any time.

Also, given the travel bans in effect from 9pm AEDT on 20 March 2020, anyone who departs now may not be able to return for some time unless one of the limited exemptions apply.

What will happen if our employees are returning to Australia from overseas?
Only Australian citizens, New Zealand Citizens, Australian permanent residents and the immediate families of these groups are able to enter Australia. Others will be denied boarding a flight and even if they manage to travel, will have their visa cancelled on entry.

If your employee is permitted to enter Australia they will need to self-isolate for 14 days. Each Australian State or Territory will have their own penalty that will be imposed if this self-isolation is not adhered to.
Temporary visa holders who are seeking to enter on the basis of their relationship to an Australian will need to complete this form and submit evidence BEFORE they travel.

What will happen if we have an employee whose visa will expire before they can leave Australia?
These employees will need to apply for another visa. The decision about what visa they can/should apply for will need to be determined on a case by case basis and we can help you and the employee with this decision.
If the employee does not apply for another visa before their current visa expires, then they will become unlawful and subject to possible detention and removal from Australia (once that is possible). Becoming and remaining unlawful, even in this crisis, can have very serious consequences on the employee’s ability to return to Australia in future and on future applications for visas or Australian citizenship.

Can we still sponsor for work visas?
There is nothing to prevent you from sponsoring an employee for a new work visa to come to Australia or to extend a visa if an employee is already in Australia. For employees overseas the advantage of lodging the application is that you may speed up processing once the bans are lifted. For employees in Australia applications will need to be lodged to maintain status or transition to permanent residence, which many employees are seeking to do.

However, there obviously some considerations that need to be taken into account:

• Medical checks and police clearances may be hard or impossible to obtain where these are required.
• The Department of Home Affairs states “As the Department focuses its efforts on managing the impact of COVID-19 on its critical services and employees, other non-critical services may not be delivered within expected timeframes. We apologise for the inconvenience and appreciate your patience during this period.”
• Employees who are overseas will not be able to travel until the current bans are lifted.

Can we reduce the hours of our sponsored workers?
In some circumstances part time work is possible for sponsored workers (e.g. returning from maternity leave of because of health reasons), but under current policy it is not appropriate where it occurs due to a decline in business. This is because the TSS is designed to fill genuine skill shortages in the Australian labour market where appropriately skilled Australians cannot be sourced. However given the pandemic we believe there would be a strong ground for an employer to argue that in these circumstances part time work is acceptable until things settle down and  provided it is being applied equally to Australians (ie you are not discriminating against foreign workers). If you are to move a sponsored worker to part time work, you must:

• Ensure the pro-rata hourly rate of the approved nominated salary of the sponsored person does not decrease
• the role and duties must remain consistent with the position approved at nomination
• this arrangement is mutually agreed on by the buisness and sponsored person. Please maintain written evidence to demonstrate this agreement.

Note too that part time work will affect PR eligibility at a later stage.

What happens if we need to lay off a sponsored worker?
Immigration’s policy in relation to temporary sponsor workers has not been updated on the Coronavirus but we expect the government could decide to apply a flexible approach, but the following is the current policy position.

If the employment is not terminated but the person has been stood down under the Fair Work Act or under a provision in an employment contract the policy recommends advising the Department that of any ‘lay offs’ and explaining that this is temporary and employment is intended to resume. While cancellation is still legally possible, there are obviously powerful factors suggesting that the Department would not move to cancellation in the current circumstances as the legal result of cancellation is detention and removal from Australia, neither of which would seem possible/practical. We can advise the Department on your behalf.

What happens if the sponsored worker takes Leave Without Pay ?
If the sponsored visa holder goes on Leave Without Pay by agreement then this period should not, however, generally exceed 3 months unless:

• the sponsor is obliged to provide the leave under Australian workplace laws; or
• exceptional circumstances apply (which they clearly do).

For any LWOP it is expected that,

• the arrangement is mutually agreed upon; and
• there is a formal application for leave without pay that has been formally approved by the employer (including leave applications that are processed and approved electronically)
• Employees who have been stood down or take LWOP may later be delayed in their eligibility for permanent residence, but we don’t expect this to be the most urgent issue for people at the moment.

What happens if the sponsored worker is made redundant?
A sponsored visa holder can cease employment temporarily but this must not exceed 60 consecutive days. A sponsored visa holder is considered to have ceased employment if the employer, or employee, gives written notice that employment will cease, or has ceased, on a particular date and that date has passed.

In this circumstance, the employee would need to find a new sponsor, lodge a different visa application or face the possibility of visa cancellation. Each employee would need separate advice.

Our comments in relation to the reasons why the Department might not move to cancellation in the current crisis applies here as well.

Do we have to pay return travel costs?
Only if the employee (or the Department) asks for it in writing and in a format that complies with the law. Please contact us if you are asked so that we can advise further.

Remember that all of your obligations as a sponsor continue to apply throughout this crisis.

How can Ajuria Lawyers assist further?
We can provide information, help and assistance to you and your employees. Please contact us to find out how.

Please note: This information is current as at 20 March 2020 and may change. It is meant as general information and should not be relied upon as legal advice.

Photo by Artur Tumasjan on Unsplash

DISCLAIMER This information is current as of 20 March 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

With the Novel Coronavirus outbreak, countries around the world including Australia are taking steps to minimise the impact of the spread for public health and economic reasons. There is no doubt that in this interconnected world, visa holders too may be impacted.

Whilst we await the Australian Government’s further announcements, and without commenting on the legality of employment decisions that may stem from a downturn in business, employers of sponsored employees must be mindful of the following:

Travel

The Department of Foreign Affairs and Trade has raised its travel advisories for the following countries:

• China – Do not travel
• Iran – Do not travel
• Republic of Korea – Do not travel
• Italy – Reconsider need to travel with do not travel to parts of northern Italy

Foreign nationals (excluding permanent residents of Australia) who have been to the above countries will not be allowed to enter Australia for 14 days from the time they have left or transited through those countries.
Australian citizens and permanent residents will still be able to enter, as will their immediate family members (spouses, legal guardians or dependants only). They will be required to self-isolate at home for 14 days from the day they left China, Iran or the Republic of Korea.

 Effect on sponsored employees

• If the employment of sponsored employees ends, employers are required to notify the Department within 28 days of the last working date, and sponsors are required to pay return travel costs for the employee and any accompanying family member if that request is made in writing;
• Future applications to sponsor overseas workers may be adversely impacted if Australian workers in the same nominated occupations are made redundant;
• Part-time work is currently available to existing TSS visa holders if returning to work after a period of sick leave, for example, however the pro-rata hourly rate of the approved nominated salary must not decrease, and the role and duties must remain consistent. Part-time work must be mutually agreed and is currently not appropriate where it occurs due to a decline in business;
• Part-time work and Leave Without Pay arrangements will have implications for permanent residence eligibility under the Temporary Residence Transition stream (requiring 3 years of full-time employment), unless special provisions are announced;
• Reduction in salary for sponsored employees is only permissible if a new nomination is approved, and the employer is able to provide new supporting evidence of market rates.
• Last but not least, this is a timely reminder of the requirement for sponsored employees to maintain private health cover if not eligible for Medicare.

Effect on visa processing

• There are considerable delays in being able to arrange health /police checks from certain countries, such as China and Hong Kong and Italy where services have been limited;
• Slower processing of applications – we have seen processing of TSS applications be delayed where the applicant has been in a “high risk” country.

Effect on future citizenship/RRV eligibility

• Permanent residents of Australia who are currently unable to enter Australia due to illness, may, unless special provisions are announced, have their eligibility for Australian Citizenship or Resident Return visas impacted if they are outside of Australia for significant periods of time.

DISCLAIMER This information is current as of 11 March 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

The Government has announced new policy to allow working holiday makers to work for up to 12 months with any one employer, if the work is related to bushfire recovery.

This is designed to support farmers, regional businesses and charitable organisations in fire-affected communities. It will enable working holiday makers who have undertaken paid and volunteer disaster recovery work in declared areas to count this work towards the “specified work” needed to apply for a second and third year 417 or 462 visas.

This change is not unprecedented, as similar arrangements were put in place  following Cyclone Debbie in 2017.

DISCLAIMER This information is current as of 26 February 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

A primary sponsored person on a Temporary Skills Shortage (TSS) visa is granted approval to work in their nominated occupation for the duration of their stay.

If the opportunity or need arises for a sponsored person to perform higher duties on a temporary basis, this is possible under policy if:

• the sponsored person agrees to undertake the higher duties; and
• the appointment of the sponsored person at a higher level is for a period of two months or less; and
• records are kept regarding the temporary arrangement including duration of the higher duties and any additional salary paid.

Under policy, if the period of higher duties exceeds two months and is outside of the scope of their ANZSCO occupational classification, a new nomination must be lodged, and the sponsored visa holder is unable to commence the higher duties until the nomination is approved. Otherwise, a sponsored visa holder is able to accept an opportunity to undertake higher duties.

If you are unclear as to whether the higher duties fall within the occupational classification, please contact your Ajuria advisor.

DISCLAIMER This information is current as of 26 February 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

The Henley Passport Index ranks passports according to the number of countries the passport allowed holders to access visa-free or where they could obtain a visa on arrival.

In its recently published results, Japan maintained its place at the top of the list of the world’s most powerful passports for 2020, with its citizens enjoying access to 191 countries without requiring a visa in advance.

Australia climbed one place in the rankings, from equal 10th to equal 9th, after the number of countries Australians can visit without a visa increased from 181 to 183 in the past year. There were 21 countries that had access to more countries than Australia visa-free.

The top 10 ranked passports are:

1. Japan (191 destinations)

2. Singapore (190)

3. South Korea, Germany (189)

4. Italy, Finland (188)

5. Spain, Luxembourg, Denmark (187)

6. Sweden, France (186)

7. Switzerland, Portugal, Netherlands, Ireland, Austria (185)

8. United States, United Kingdom, Norway, Greece, Belgium (184)

9. New Zealand, Malta, Czech Republic, Canada, Australia (183)

10. Slovakia, Lithuania, Hungary (181)

For further details, refer to https://www.traveller.com.au/the-worlds-most-powerful-passports-for-2020-named-visa-free-access-h1kwme

DISCLAIMER This information is current as of 26 February 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

During a recent visit to Australia by President Joko Widodo of Indonesia, the Australian and Indonesian Governments welcomed the imminent ratification of the Indonesia-Australia Comprehensive Economic Partnership Agreement (IA-CEPA).

The two Governments noted opportunities for increasing people-to-people links, including that Indonesian access to Australia’s Work and Holiday Visa will increase from 1,000 to 4,100 when the Agreement is ratified,  increasing to 6,000 in the sixth year.

Indonesia will be added to the list of countries where there is an exemption of Labour Market Testing for its nationals, based on International Trade Obligations.  Hong Kong and Peru will also be added, following recent ratification of trade agreements with Australia.

Ajuria Lawyers will provide further confirmation at the appropriate time.

DISCLAIMER This information is current as of 26 February 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

In our update of 3 February 2020, Ajuria Lawyers advised that the Government had banned the entry of foreign nationals to Australia, if those persons had spent any time in mainland China in the  14 days prior to their intended date of entry to Australia.

Exceptions were made for:

• Australian citizens;
• Australian permanent residents;
• New Zealand citizens resident in Australia;
• Immediate family members of Australian citizens and permanent residents, including spouses and dependants.

This ban has now been extended to at least 29 February and a further announcement will be made based on the evolving situation.

In the meantime, on 22 February,  limited exemptions from travel restrictions were announced for Year 11 and 12 students who remain in China (unless from Wuhan / Hubei province), and the first group of Australian citizens and permanent residents who were evacuated from Wuhan and quarantined on Christmas Island for 14 days, have been able to return home.

DISCLAIMER This information is current as of 26 February 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

The New Zealand Government has had restrictions in place regarding the entry of foreign nationals coming from or transiting through mainland China since 2 February. This restriction has just been extended until 3 March and is being reviewed every 48 hours. The current restrictions are twofold:

1. All foreign nationals who have left from or transited through mainland China on their way to New Zealand in the 14 days immediately preceding the intended arrival in New Zealand are being denied entry.
2. NZ citizens and permanent residents (including residence class visa holders with valid travel conditions) and their immediate family (partner and dependent children up to the age of 24) are permitted to enter New Zealand, but will be required to self-isolate for 14 days after their arrival.  Note that this also includes Australian citizens and permanent residents whose primary place of residence is New Zealand.

In addition, the Immigration New Zealand (INZ) processing office located in Beijing has been closed since earlier this month, and will remain closed for now.  A large component of their case load is being allocated to other INZ offices, but this may impact the processing times for visitor visas in particular.

DISCLAIMER This information is current as of 26 February 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Jigsaw puzzles seem to be enjoying a renaissance in the 21st century, no doubt because of findings of many studies that jigsaw puzzles are good for brain health. Jigsaw puzzles have been credited with reducing stress, improving memory, promoting cooperation and collaboration, improving problem–solving, reducing the likelihood of dementia, and the list goes on.

The scientific explanation seems to be that jigsaw puzzles exercise the left and right sides of your brain at once. Your left brain is logical and works in a linear fashion, while your right brain is creative and intuitive. When you are doing a jigsaw puzzle, both sides are engaged.

It should come as no surprise that there are many avid puzzlers at Ajuria Lawyers!!

DISCLAIMER This information is current as of 26 February 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.