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Showing posts with label student visa. Show all posts
Showing posts with label student visa. Show all posts

Tuesday, 9 August 2016

Student visa-holders underpaid


Two international students working at a fast-food outlet in Sydney have been short-changed thousands of dollars.


The underpayments were discovered during a random audit of the business by the Fair Work Ombudsman.


The visa-holders, from India, were paid flat rates of $18 an hour for all hours worked.
Under the Fast Food Industry Award, they should have been paid $23.74 for ordinary hours, $28.49 on Saturdays, $33.24 on Sundays and $52.23 on public holidays.


They were underpaid $3820 and $3345 respectively.  The Harris Park business also failed to issue pay-slips.


It has received a formal Letter of Caution placing it on notice that further breaches of workplace laws may result in enforcement action.


Fair Work Ombudsman Natalie James says employers need to take the time to understand the wage rates applicable to their individual workplace.


"We have minimum pay rates in Australia, they apply to everyone, and they are not negotiable," she says.


"While most employers want to do the right thing, there are some who seek to gain a competitive advantage by exploiting vulnerable workers, such as visa-holders."


In separate matters in Sydney’s west, the Fair Work Ombudsman has also recovered:
  • $11,800 for 20 employees at a Wetherill Park logistics company who did not receive their correct casual base rate because the employer failed to revise wages following the annual wage increase,
  • $5100 for a female part-time teacher in North Parramatta who did not receive payment while on sick leave for two months because the employer misinterpreted the enterprise agreement,
  • $6800 for two part-time hairdressers, a full-time apprentice hairdresser and a part-time beautician in Parramatta who were paid flat rates instead of the higher Award hourly minimum and Saturday penalty rate, and
  • $6000 for a pest control technician in Seven Hills who did not receive his annual leave entitlements upon leaving the business.
Ms James says it is important that businesses, particularly small businesses, know that they can contact the Fair Work Ombudsman for advice and assistance if they are unsure of their obligations.
The Agency’s Pay and Conditions Tool (PACT) provides advice about pay, shift, leave and redundancy entitlements. Visit www.calculate.fairwork.gov.au to learn more.


Ms James encouraged employers who had any uncertainty about whether their workplace practices were appropriate to visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for advice.
A free interpreter service is available on 13 14 50.


The Infoline offers a priority service to small business callers whose leading concerns are about wages, conditions, termination of employment, leave and entitlements.


Small business operators can also tap in to the suite of easy-to-follow courses at the award-winning Fair Work Ombudsman Online Learning Centre.


SOURCE: Fair Work Ombudsman

Friday, 20 May 2016

Australian Visa Update: The new Simplified Student Visa Framework (SSVF)

From 1 July 2016 the SSVF will come into effect.  Key changes under the SSVF are:

  • international students will apply for a single Student visa (subclass 500), regardless of their chosen course of study;
  • student guardians will apply for the new Student Guardian (subclass 590) visa.
All students and student guardians, or their representatives, will generally be required to lodge their visa application online by creating an account in ImmiAccount.


Nevett Ford Lawyers Melbourne will continue to provide more information as it becomes available.

Sunday, 17 April 2016

Australian Student visa changes - 1 July 2016


From 1 July 2016 iAustralian Immigration will ntroduce a simplified international student visa framework.


The new framework will:

  • only consist of two student visa subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian)
  • streamline application and processing requirements for student visa applicants, with common criteria and genuineness of application for entry and stay as a student
  • simplify range of requirements including enrolment, financial and other requirements relating to visas previously held if the application is made in Australia
  • the current regulatory assessment level framework and streamlined processing provisions will be repealed and new requirements introduced to strengthen the integrity of the programme, by providing a larger range of factors for decision makers to assess genuineness and the need for individuals to provide evidence of financial and English proficiency
  • clarify for student visa holders the conditions on the courses they are permitted to undertake and when a change of course would require them to apply for a new student visa
  • make other amendments to repeal duplicate and redundant provisions and clarify the operation of the relevant provisions.

Monday, 28 March 2016

Working while studying in Australia

If you are an international student working in Australia, it is important you know your rights, entitlements and protections in the workplace.


Did you know:
  • it is illegal for an employer to treat you any differently to other workers based on your gender, religion, culture or nationality?
  • you may be entitled to higher pay for working at night, on the weekend or during a public holiday?
  • your employer cannot dismiss you if you are away from work temporarily due to illness?
  • The Fair Work Ombudsman provides a free service to all people working in Australia. They have a range of information available on their website to help you understand your rights at work.

Sunday, 16 August 2015

Visa Entitlement Verification Online (VEVO)

VEVO stands for Visa Entitlement Verification Online. It is an online system that stores visa information of persons holding Australian visas. VEVO may be used by both visa holders and Australian organisations, such as employers, to check the details and entitlements of a visa.

Visa Holders

Registering in VEVO as a visa holder has many benefits:
    • You do not need a visa label in your passport;
    • You can check your visa details anytime you have internet access;
    • You can check the progress of a visa or citizenship application online; and
    • A potential employer can check your ability to work, reducing the time of the hiring process.
       
You can register for VEVO at the Australian Department of Immigration and Border Protection (DIBP) website.

Australian Organizations

Australian Organizations must be registered in VEVO to use it and must also first get the permission of the visa holder before they can access their visa information.
VEVO is useful in the process of hiring a new employee, enrolling a student in a program or giving someone a licence.
Organisations need an Australian Business Number (ABN) to be able to register in VEVO.

Registered Migrant Agent

Australian migration agents may also use VEVO. However, only those who are officially registered with the Office of the Migration Agents Registration Authority may do so.

Students

Australian educational providers may use VEVO as well. It gives them easy access to check a student's visa entitlements such as how long they may study, if they may work, etc.

Tuesday, 16 June 2015

Simplified international student visa framework (SSVF)


A simplified international student visa framework (SSVF) has been announced jointly today by the Assistant Minister for Immigration and Border Protection Senator Cash and the Minister for Education and Training Senator Pyne. The new system will come into place after June 2016.

The SSVF will replace both the Streamlined Visa Processing (SVP) arrangements and the current Assessment Level Framework and will apply to all international students.
It will lay out a student’s financial and English language evidentiary requirements based on two things: the immigration profile of the student’s country of citizenship and of their education provider.

The Department states that the improved approach to the administration of student visas as part of the SSVF will have clear benefits. The Department has further stated that the overall integrity of the student visa programme will be maintained, and the improved regulatory arrangements will avoid placing unnecessary burden or cost on education providers.

A working group with international education sector stakeholders is being formed to guide implementation of the new framework on the expiry of SVP arrangements on 30 June 2016.

Monday, 16 December 2013

New Post Study Arrangements for Student Graduates - subclass 485 TR visa


The subclass 485 visa now provides recent graduates with the opportunity to spend more time in Australia following their studies to gain practical experience to accompany their Australian qualification(s).

Significant changes were made to the subclass 485 visa on 23 March 2013. Subclass 485 visa applicants must now apply in either the Graduate Work stream or the Post Study Work stream. Each stream of the new subclass 485 visa has its own specific requirements that applicants must satisfy for their application to be successful.

1.    The Graduate Work stream is for international students who have recently graduated with skills and qualifications that relate to an occupation in demand in the Australian labour market, as determined by the Skilled Occupation List (SOL);

2.    The Post-Study Work stream is for international students who have recently graduated with a bachelor’s, master’s or doctoral degree from an Australian educational institution, regardless of their field of study. This stream of the subclass 485 is only available to international student who applied for an were granted their first Australian student visa on or after 5 November 2011, which is the day the genuine temporary entrant requirement was introduced in the student visa program.

Please contact Ryan Curtis-Griffiths, Director, Nevett Ford Lawyers Melbourne by email: rcurtisgriffiths@nevettford.com.auor by telephone: +61 3 9614 7111 if you require any advice or assistance.