Visa consequences of Turkish failed coup

The failed coup in Turkey will carry significant consequences for Turkish visa applicants.

 

On one side, Turkish citizens in Australia who claim to be opponents of the government will now have a chance to lodge protection visa applications on the basis that they will face persecution if they return to Turkey. Similarly, Turkish citizens seeking Condition 8503 waivers and Schedule 3 waivers (in respect of onshore partner visa applications) will be able to rely on the uncertain political situation in Turkey to have greater chances of success.

 

On the other, Turkish citizens in Turkey will possibly face increased difficulties when lodging student as well as visitor visas since the Department is likely to use the unstable situation in Turkey as a ground to refuse the said applications.

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457 Visa Holders Have Work Rights Too

Employers of 457 Visa holders must comply with both Australian workplace and immigration laws, and any workers who are unfairly dismissed or treated improperly have the right to enforce their rights.


A case brought to the Fair Work Commission by Mrs Maricar Virata, a citizen of the Philippines who had been working in Australia on a 457 Visa, is a clear reminder to all employers of their obligations when considering terminating employees on these visas.


Mrs Virata was employed to be the manager of the Halls Gap Motel. Her salary was $55,000 per annum plus superannuation. Her evidence was that she was expected to work from 7 AM until 1 AM, and she was expected to be on call outside those hours if needed, although this was disputed by the respondent.


She was accompanied in Australia by her de facto partner, and it transpired that he was expected to also work just as hard at the motel, and that her remuneration was to be split between the two of them. The Fair Work Commission found that 'on any view’ this arrangement was exploitative.


Ms Virata claimed that at some point she started to ask questions of her employer about her work conditions and that then, when she was on leave in the Philippines, she was sacked by email.


The respondent denied that she was terminated for the reasons claimed by her but because of two complaints by fellow employees, a complaint from a customer, and because of relationship issues between Ms Virata and her partner.


The commission found that none of the reasons put by the respondent by way of justification for its actions were valid. It also found that the respondent did not give plain and clear reasons to Ms Virata prior to making the decision to terminate her; nor was  she given an opportunity to address any of the complaints which been made about her.


Ms Virata had not been given any proper warnings about how her performance was perceived by the respondent and because she was terminated by email once the complaints were put, she did not have an opportunity to respond to them with a support person present.


The commission described the respondent’s processes as being “inappropriate and unfair” and found Ms Virata was entitled to compensation for unfair dismissal.


Another factor taken into account by the commission was that because Ms Virata was on a 457 visa, it would be expected that the consequences of her being terminated were even more serious than might usually otherwise be the situation.


457 Visa holders need to be aware that there are employers who will try and take advantage of their vulnerable situation and terminate their employment without regard to their legal rights. Any worker who believes they have had their rights infringed should seek immediate legal assistance.

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Brexit impacts for Australians/Brits

The result of the recent referendum in Britain has opened a fundamental crack in the Western world.has opened a fundamental crack in the Western world. However this does not impact much on Australians with British passports. Living and working in Britain will be as easy as it was before Brexit for those with UK passports and ancestry visas — nothing will change. Additionally, those wanting to travel to Europe on holiday will still be able to because Aussies and Brits are able to visit much of continental Europe without visas in the first place, so crossing borders will still be relatively easy.

 

On the other hand, Australian holiday makers who need to visit the UK or the EU may need to get an extra stamp in their passport when visiting. Currently Australian holiday-makers don’t require a visa for entry to either the EU or the UK, and can travel relatively freely between countries after being processed at one entry point. Any changes will depend on how tightly the UK secures its borders in the wake of the decision to separate from the EU.

 

No fewer Australians are expected to travel to the UK and Europe as a result of the Brexit result. It could even trigger an increase in visitors because of exchange rate fluctuations expected to favour the Australian dollar. But on the downside, longer customs queues are expected at major airports like Heathrow because EU residents may have to be processed like Americans and other international travellers. They are currently sent through a separate line without any restrictions. Heading in the other direction, there is a risk a possible recession in Britain and the pound’s plunge could shrink the number of visitors to long-haul destinations like Australia. The UK is currently our third biggest source of overseas visitors so of great importance to the Australian economy.

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Working Holiday Visa - Definitions of "Specified Work"

The Minister for Immigration, Peter Dutton has specified (by way of Legislative Instrument, 5 May 2016) what ‘specified work’ will satisfy the Working Holiday visa ‘regional work’ requirements, as follows:-

(i) plant and animal cultivation:

A. the harvesting and/or packing of fruit and vegetable crops;

B. pruning and trimming vines and trees;

C. general maintenance crop work;

D. cultivating or propagating plants, fungi or their products or parts;

E. immediate processing of plant products;

F. maintaining animals for the purposes of selling them or their bodily produce, including natural increase;

G. immediate processing of animal products including shearing, butchery, packing and tanning;

H. manufacturing dairy produce from raw material.

(ii) fishing and pearling:

A. conducting operations relating directly to taking or catching fish and other aquatic species;

B. conducting operations relating directly to taking or culturing pearls or pearl shell.

(iii) tree farming and felling:

A. planting or tending trees in a plantation or forest that are intended to be felled;

B. felling trees in a plantation or forest;

C. transporting trees or parts of trees that were felled in a plantation or forest to the place where they are first to be milled or processed or form which they are to be transported to the place where they are to be milled or processed.

(iv) mining:

A. coal mining;

B. oil and gas extraction;

C. metal ore mining;

D. construction material mining;

E. other non-metallic mineral mining and quarrying;

F. exploration;

G. mining support services.

(v) construction:

A. residential building construction;

B. non-residential building construction;

C. heavy and civil engineering construction;

D. land development and site preparation services;

E. building structure services;

F. building installation services;

G. building completion services;

H. other construction services.

Nevett Ford Lawyers can assist with all visa related matters.

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