Australia-Travel-Update

Australia: Current Travel Restrictions And Skilled Migration Applications

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Travel to Australia is only available if you are exempt or you have been granted an individual exemption. Travel restrictions are subject to change in response to the circumstances surrounding COVID-19.

All people travelling to Australia must provide proof of a negative COVID-19 polymerase chain reaction (PCR) result at the time of check-in. Travelers must wear a mask while on the flight and while in the airport environment.

Sydney, Australia’s largest city and the capital of the New South Wales state, is nearing the seventh week of a nine-week lockdown. It has reported five deaths and a record 262 infections in the past 24 hours.

The government is also under pressure as Australia’s economy is threatened by a second recession in two years.

To boost the economy and regardless of the above restrictions, and through its General Skilled Migration Program, the Australian government invites skilled migrants with experiences in scarce areas which are facing workforce shortages. The main aim behind this program is to increase the productivity in the economy of Australia.

The Skilled stream of the Migration Program is designed to attract migrants who make a significant contribution to the Australian economy, and fill positions where no Australian workers are available. Skilled migrants have very high participation rates in the workforce, helping to stimulate economic growth, which results in more jobs.

To qualify for the Skilled stream of the Migration Program the basic criteria are:

  • Age – you must be under 45 years of age at the date of application
  • English language – you must have sufficient ability in the English language
  • Qualifications – you are required to have a tertiary qualification (usually a university degree or a trade) and your qualification must have been assessed by the relevant assessing authority in Australia.
  • Nominated occupation – when you apply you will need to nominate an occupation befitting your skills and qualifications. This occupation must be on the Skilled Occupations List in the case of the subclass 189 visa or on one of the State/Territory lists for the subclass 190 visa
  • Medical and character checks – you must be able to satisfy the criteria for both medical and character requirements

High skilled individuals can currently submit their applications, however, we encourage individuals who would like to benefit from this program to consult with a specialist to ensure that the technical aspects of the applications are clear.

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Employing Illegal Foreign Nationals The Cost The Risk & The Fix

Employing Illegal Foreign Nationals: The Cost, The Risk & The Fix

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With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

Consequently, the DHA has taken action and established an anti-corruption unit comprising of immigration experts, lawyers and forensic investigators, in the hopes that employment practices towards foreign nationals will be put under scrutiny.

Companies turning a blind eye to the validity of employee visas are putting themselves and their businesses at risk.

What the law says

The Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014 both clearly state that no one shall employ foreign nationals whose status prohibits them from being employed in South Africa. However, there are still companies who employ candidates without doing the necessary checks ensuring they adhere to the regulations put forth in both amended Acts.

This will not only result in the immediate deportation of the foreign national, but it can also leave the South African employer facing a hefty fine or even imprisonment, not to mention the bill for repatriating the individual to their home country.

As sobering as all this is, the employee, regardless of being a foreign national without a valid working visa, is still afforded legal protection from an unfair dismissal under the Labour Relations Act, especially if they can prove negligence on the part of the employer.

In other words, besides already facing penalties or imprisonment, if the act of deporting the foreign national results in them being unfairly dismissed, the employer can still be drawn into a lengthy legal dispute with the employee through the Commission for Conciliation, Mediation and Arbitration (CCMA).

For small to medium enterprises (SME) one such exercise could possibly cripple their business and force closure. For larger corporates, the full weight of the decision would be cast on the Human Resources (HR) department within the organisation, as they are tasked to ensure compliance and adherence to all regulations.

It could also lead to the DHA and the DoL conducting regular audits on the company’s employment records, which is akin to constant surveillance from both regulatory bodies.

The question will always be what HR departments can do to protect their company when employing foreign nationals.

Preventative measures:

Establishing vetting processes and staying current

It is imperative to incorporate updated vetting processes when employing foreign nationals. Fine combing each job applicant is a tedious, but necessary, task, which forms part of the HR duties and obligations. Understanding permit and visa types, which categories they belong to, and what the accompanying regulations say about employment on that permit or visa, is just as important.

While it is a challenge to stay current with legislation, it is not impossible. There are numerous platforms and resources available to HR departments. Teachings and subsequent implementation of changes to legislation regarding the employment of foreign nationals should be a company standard.

Experienced work permit and immigration providers

The onus rests on the employer and the HR department in a company to provide the relevant assurances that their workforce is fully compliant in all regards. For large corporations, this can be a daunting hurdle to overcome.

Calling on the experience of an immigration specialist with a sound knowledge of immigration and employment laws, as well as permit and visa requirements, will provide the necessary peace of mind that employees have been vetted accordingly.

An immigration provider that is well-versed on the specifications and requirements from the governmental stakeholders, will know the best course of action to eliminate any risk to the company. Failing which, make sure they offer specialist legal services, should there arise any legal dispute.

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COVID-19 Travel Regulations

COVID-19 Travel Regulations

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Passengers entering or transiting through South Africa must have a negative Covid-19 PCR test result issued at best 72 hours preceding departure from their first embarkation point. A Traveller’s Health questionnaire must be completed upon arrival. Passengers and airline crew are also subject to medical screening.

There are visa exceptions for nationals from France, Germany, Italy, Korea (Rep), Portugal, Singapore, Spain and USA.

Angola

News published by the Angolan Government regarding travel regulations, is that no passenger is allowed in the country. This does not apply to the following:

  • Angolan nationals and residents;
  • Passengers with a work permit issue by Angola; and
  • Passengers returning via Angola to their country of residence.

All passengers must undertake the Covid-19 RT-PCR test, at most 72 hours before departure from first embarkation point. Each passenger must have a copy of the test results document at hand, which must be either in English or Portuguese.

Passengers must complete a Travel Registration form (FVR) at most 72 hours before departure and obtain an approval to enter. Upon arrival, they will be subject to the Covid-19 rapid test and be obligated to undergo quarantine for 10 days. Airline crew members will be remitted to self-isolation until their next flight.

Angolan-issued residence permits, as well as refugee- and temporary stay visas, which expired after February 2020, will be extended until 31 July 2021.

Ethiopia

Recent information published about travelling to Ethiopia is that passengers must present a medical certificate with a negative Coronavirus (Covid-19) RT-PCR test result. The test must have been undertaken 120 hours (5 days) before arrival in the country.

This does not apply to:

  • Travellers who are younger than 10 years of age;
  • Holders of a diplomatic passport and their immediate family members;
  • Travellers with a service passport and their immediate family members;
  • Travellers with a Laissez-Passer issued by the United Nations and their immediate family members;
  • E-visas that were issued before 18 June 2021 are accepted if the passenger resides in a country without an Ethiopian Embassy or Consulate;
  • Ethiopian residents are allowed to enter with an expired residence permit;
  • Travellers with a valid ID card or foreign nationals of Ethiopian decent can obtain a visa on arrival at Addis Ababa;
  • Included are children with foreign parents of Ethiopian decent can obtain a visa on arrival at Addis Ababa; and
  • Travellers with a foreign passport stating Ethiopia as a place of birth can obtain a visa on arrival at Addis Ababa.

Botswana

Information published recently advised that airports in Botswana are closed, however this does not apply to Gaborone, Francistown, Kasane and Maun. To enter through same, the following must be considered:

  • Travellers must have a negative Covid-19 PCR test result that was issued, at most 72 hours before arrival and this certificate must be in English.
  • This does not apply to travellers younger than 5 years.
  • Travellers could be subjected to a COVID-19 test upon arrival, but at their own expense.
  • Travellers could be subjected to quarantine at their own expense.
  • Travellers are subject to a medical screening upon arrival.

Tanzania

In addition to the travel restrictions published on 01 July 2021, it was advised that all flights from India would be suspended. This does not apply to humanitarian, medevac or repatriation flights. Travellers are subject to a 14-day quarantine at their own expense if they are arriving from India due to humanitarian, medevac and repatriation flights.

The following is required from passengers:

  • Travellers, including airline crew, must have a negative COVID-19 RT-PCR test done, at most 72 hours before arrival;
  • This does not apply to a traveller younger than 5 years of age;
  • Travellers arriving from Brazil, Congo (Dem. Rep), India, Indonesia, Peru, Philippines, South Africa, USA, Uganda or United Kingdom are subject to a COVID-19 Antigen test upon arrival at their own expense;
  • Travellers are to complete a Traveller’s Surveillance Form, which must be presented to the Port Health Authorities upon arrival; and

Both travellers and airline crew are subject to a medical screening.

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USA Entry Restrictions And Appraised Visas currently

USA Entry Restrictions And Appraised Visas Currently

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However, the Consulates do provide limited immigrant visa services, restricted to namely, IR-1, IR-2, CR-1, CR-2, IR5, and K visas. They also offer limited non-immigrant visa services for crewmembers, certain student and exchange visitors’ categories, journalists, and petition-based workers who qualify for an exception to current travel restrictions. This is only applicable if you have an urgent life-or-death matter, or work/study in a critical medical field, and need to travel immediately.

According to most missions in South Africa, travelers must avoid unnecessary movement between Provinces due to the high number of Covid infections in the country. The 3rd Covid wave is more perilous than the 1st and 2nd waves and individuals must be aware of the dangers around the new delta variant.

Please note that the following USA visas can currently be considered:

IR-1– This is a type of immigrant visa issued to foreign spouses of US citizens. (Spouses, New arrivals)

IR-2– This is a family based green card for minors under 21 years of age. (Children, new arrivals)

CR-1– This is a United States immigrant visa that allows a spouse of a US citizen to enter the USA as a conditional permanent resident. (Spouses, new arrivals, conditional, certain family members of U.S. citizens)

CR-2– This type of visa is issued to the unmarried child of a foreign spouse.  For a child to qualify as a stepchild, the marriage would need to have taken place before the child’s 18th birthday. The child must also be under the age of 21 at the time of the visa application. (Children, new arrivals, conditional)

IR5– This type of visa is a Family Based Green Card which is designed for parents of U.S citizens who are least 21 years old. The IR5 parent visa allows U.S. citizens to bring foreign-born parents to the United States as permanent residents. (Parents of adult U.S. citizens, new arrivals, certain family members of U.S. citizens)

K- This type of visa, include K-1’s, which allow a fiancé(e) of a United States citizen to travel to the USA and marry the United States citizen within 90 days of admission. Both the United States citizen and the foreign fiancé(e) must be free to marry, meaning they must both be unmarried, and any previous marriages must have ended through divorce, annulment, or death. Additionally, the United States citizen must have met with the fiancé(e) in person within the last two years before filing the K-1 visa. K-2 visas allow the children of the fiancé(e) to enter the United States if their parent qualifies for the K-1 visa. (Fiancé(e) to marry U.S. citizen & live in U.S)

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3rd Covid-19 wave and resultant restrictions for South Africans

3rd Covid-19 Wave And Resultant Restrictions For South Africans

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Based on the limited sequencing that’s been done, the Delta variant has emerged as the dominant variant in this resurgence. According to the latest research, it is much more transmissible and possibly more virulent compared to previous variants. This simply means that further restrictions will apply on travellers exiting South Africa and that further lockdown measures will be implemented.

The European Commission is doing its utmost best to ensure free movement of citizens, goods, and services – with full respect to health and safety measures. However, we are expecting that South African travellers might not be able to travel abroad due to the current Covid-19 situation.

Non-essential travel has been banned to most countries from South Africa, or have been imposed with strict regulations, until the epidemiological situation is better controlled. Restrictions on travel will be in line with the Council’s recommendation, including testing of travellers.

The good news is that employees who are required to enter France and Italy can submit their visa applications and depart to their destination with no issues.

France and Italy both accept work permit and seafarer visa applications, provided that the travellers deliver the following:

  • Negative PCR test in the last 48 hours of travelling
  • If vaccinated, a 7-day quarantine in France
  • If not vaccinated, Covid tests to be conducted and travellers quarantined for 10 days
  • Give a compelling reason to be admitted entry
  • A sworn statement certifying the absence of Covid-19 symptoms or contact with any confirmed case of Covid-19
  • Complete letter with name, travel details, why the need to travel and accommodation details.
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