AUSTRALIA HAS OFTEN BEEN CALLED THE LUCKY COUNTRY, BUT IS IT ONE OF THE HAPPIEST COUNTRIES TOO?

Australia consistently ranks highly on global indexes for quality of life and is proud to be a multicultural society that welcomes people from all backgrounds. In terms of healthcare, education, economic freedom, a low crime rate and a high standard of living, Australia is considered a great place to raise a family or build a career. With a thriving arts and culture scene, it is easy to feel at home in Australia, no matter where you are from.

The GALLUP WORLD HAPPINESS REPORT FOR 2024 was released two days ago, and Australians ranked overall 10th globally as the happiest country in the world. Most often, the happiest countries tend to have small populations under 15 million people, but at 26 million people, Australia could be considered a large country, that still rates in the top 10.

Why the happiest?

The Report was based on self-reporting by citizens and showed similar trends amongst happier countries. Some are very obvious –levels of gender equality, a level of trust in institutions and fellow citizens and low corruption, free education and universal healthcare. Those countries suffering war and revolution like Afghanistan clearly will rate as very unhappy.

Australia’s economy is solid and stable, with opportunities for growth in various industries, including healthcare, finance, and technology, with a low unemployment rate and high wages. Australia’s geographical area is twice that of India, and its population is half of what India has. Residents and visitors agree Australia has incredible natural beauty;  iconic beaches, forests, oceans, lakes, mountains to the stunning outback.

Who are the happiest Australians?

It seems the happiest Australians are aged over 60 years. Australians under 30 years ranked 19th in global happiness. Australia’s young are still far happier than most of the young people in the world but in common with New Zealand, the US and Canada, the concerns were rising social media use, income inequalities, the housing crisis, and fears about climate change.

As Australia’s population has grown, housing densities have had to rise, changing the types of homes that people are used to, but Australia’s young are still a lot happier than most other countries.

The happiest suburbs?

It stands to reason that the happiest suburbs are those that contain people aged 60 plus. Most are in regional towns or close to the water. However, Brisbane has two, despite being a capital city. Most Australians are happy with their surroundings as nature is always so close, with easy access to walking tracks, parks, hiking, surfing, and skiing.

Not so happy?

Even in a lucky and happy country, personal and business issues that take your energy and rob you of sleep will naturally occur.  From Family law concerns to commercial law services, migration law, conveyancing and property needs; personal injury incidents, and Will and Estate planning.

Phoenix Law has skilled lawyers who speak your language and understand your culture – Urdu, Hindi, Pashtu, Farsi, Mandarin, Cantonese, Korean, Japanese – English, Portuguese, and Romanian – to help you. CALL 1800GETHELP | Level 16, 300 Adelaide St, Brisbane City|  https://www.phoenix-law.com.au/ #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #Happiness #Legaladvice

The landscape of worker visas is undergoing a seismic shift, with chicken farmers and music instructors finding favour, while traditional roles like chefs and managers are left off the list. We may see the new era of the Skills in Demand Visa, slated to replace the Temporary Skill Shortage (Subclass 482) Visa in 2024. This new visa promises a four-year stint for skilled workers across three distinct streams, paving the way for Permanent Residency for all eligible applicants.

The government’s aim to streamline employer-sponsored visas hit a snag with the unveiling of the initial job list, drawing concern from sectors like construction facing acute labour shortages. Despite assurances of prioritising migrants with sought-after skills, the draft list raised eyebrows among employer groups and international students alike.

Under the Skills in Demand Visa umbrella, three pathways emerge: the Specialist Skills Pathway, catering to top-tier professionals commanding a minimum salary of $135,000; the Core Skills Pathway, featuring an updated occupation roster and a salary threshold starting at $70,000; and the Essential Skills Pathway, tailored for lower-wage earners.

While IT professionals and accountants may find themselves initially sidelined, salvation could come in the form of a government proposal granting visas to individuals earning over $130,000, regardless of their field. However, the Hospitality sector stands poised to challenge this plan, underscoring the vital role migration plays in sustaining many eateries and cafes.

Acknowledging the labyrinthine complexity of the current visa system, newly appointed ministers have pledged a simplified approach, echoing Minister for Home Affairs Clare O’Neil’s sentiment on untangling the “bowl of spaghetti” comprising convoluted visa classes and eligibility criteria.

December ushered in a clearer roadmap, condensing work visas into three streamlined streams. The top tier beckons migrants with prospective employers willing to shell out over $130,000, offering a visa irrespective of occupation. On the flip side, those earning below $70,000 may secure visas under specific circumstances, such as in aged care. For earners falling between the $70,000-$130,000 bracket, entry hinges on a revamped jobs list spotlighting high-demand skills and scarce expertise.

Gaining an Australian Visa may be a very complex business. Phoenix Law & Associates have skilled migration lawyers to assist you, who speak your language and understand your culture – Urdu, Hindi, Pashtu, Farsi, Mandarin, Cantonese, Korean, Japanese – English, Portuguese, and Romanian – to help you.

CALL 1800GETHELP | Level 16, 300 Adelaide St, Brisbane City| https://www.phoenix-law.com.au/ #WorkerVisa #Migration #AustraliaVisa #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw

Devolución de los gastos de solicitud de visado: Estudiantes y portadores de Working Holiday Visa. (Refunds for Students and Working Holiday Makers arriving in Australia )

El Gobierno australiano ofrece un incentivo para que los estudiantes y los portadores del Working Holiday Visa que estén completamente vacunados viajen a Australia lo antes posible.

(If you are an eligible Student or Working Holiday Maker (WHM) visa holder and you arrive in Australia within a specified period you may also be able to claim a refund of the Visa Application Charge. For more information see Working Holiday Makers and Students. For further information about other refund provisions, see Getting a refund. )

Como parte de este incentivo, los titulares de visados de estudiante y del Working Holiday recibirán un reembolso del primer tramo de la tasa de solicitud de visado pagada en relación con ese visado.

Elegibilidad

En el caso de los estudiantes, serás elegible* a la devolución de la tasa de solicitud de visado pagada en relación con ese visado si:

• es titular de un visado de estudiante válido (subclases 500, 560, 570, 571, 572, 573, 574 o 575), y
• llega a Australia con ese visado entre el 19 de enero de 2022 y el 19 de marzo de 2022.

En el caso de los aplicantes del Working Holiday, usted tendrá derecho* a la devolución de la tasa de solicitud de visado pagada en relación con ese visado si:

• eres titular de Working Holiday/Work and Holiday válido (subclases 417 o 462), y
• llega a Australia con esa visa entre el 19 de enero de 2022 y el 19 de abril de 2022.

Cómo solicitar el reembolso

Si cumples con estos criterios de elegibilidad, puedes crear una cuenta y acceder desde esta página:
Visa Refund Portal – Visa Refund Portal (homeaffairs.gov.au)

No es necesario que te apresures a presentar tu solicitud. Siempre que sea titular de un visado de estudiante o del Working Holiday, haya pagado la tasa de solicitud de visado y no haya solicitado ya una exención o un reembolso, y llegue con ese visado dentro de los plazos especificados, podrá solicitar el reembolso. Puede presentar una solicitud en cualquier momento hasta el 31 de diciembre de 2022.

Para recibir el reembolso lo antes posible, es recomendable que lo ingrese en una cuenta bancaria australiana o en una tarjeta de crédito válida, en lugar de hacerlo mediante una transferencia internacional.

Póngase en contacto con nosotros inmediatamente para obtener más informaciones sobre migración y visa. Llame al 07 3180 0908 o 1800GETHELP e ; info@phoenix-law.com.au #visa #brisbane #studentvisa #workingholidayvisa #austrália

Enhancing temporary visa settings to support Australia’s economic recovery. 

The Hon Alex Hawke MP; Minister for Immigration, Citizenship, Migrant Services and Multicultural Aff​airs has provided a media release on continuing concessions for holders of the following visas in support of Australia’s COVID recovery:

Skilled Recognised Graduate Subclass 476 visas – extensions of 24 months for those engineering graduates who lost time due to border restrictions. This equates to the usual 18 months plus another six months.

Training Subclass 407 visas – secondary SC 407 visa holders – removing the limit on working hours across ALL sectors of the economy. To be reviewed in April 2022.

COVID-19 Pandemic Event Subclass 408 visas – Temporary visa holders (TVH) with work rights will be able to access these visas at nil VAC for 6-12 months if they work in ANY sector of the Australian economy.

These new arrangements are only available to TVH:
• who were in Australia prior to 21 February 2022, or
• who arrive in Australia after 21 February 2022 and have work rights or a job offer from a C’wealth funded AGED CARE service at the Time of Application.

These TVH will be able to apply for these visas up to 90 days before their existing visa expires and remain in Australia for up to 6 months if not working in a key sector or 12 months if working in the key sectors of:
• agriculture
• food processing
• health care
• aged care
• disability care
• child care
• tourism and hospitality

The full media release is available on the Minister’s website.

PLANNING TO MIGRATE to AUSTRALIA?  Skilled Workers? Now is a very good time, as Australia relaxes its international borders and faces real skill shortages.  More workers have left Australia than ever, and not only have less skilled workers arrived in Australia but more are leaving.

With 14,400 workers leaving Queensland alone, local businesses face critical shortages, particularly in health, hospitality and in the regions. Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke said “The changes complement the government’s recent announcement that fully vaccinated eligible temporary and provisional visa holders may enter Australia without a travel exemption from 1 December 2021.”

TALK TO THE PHOENIX LAW MIGRATION TEAM NOW. Contact your Multilingual friendly legal experts at PHOENIX LAW & ASSOCIATES – CALL 1800GETHELP See https://www.phoenix-law.com.au/ or email  info@phoenix-law.com.au #immigration #Australia #Australianimmigration #migrationvisa #PartnerVisa #LawyersBrisbane #spanish #portuguese #mandarin

 

Australia, like the rest of the developed world, faces massive skill shortages, the loss of migrants from Australia is of concern to businesses. In the data released on Friday, 17 December, it was revealed that Australia recorded a net loss of 88,800 people in 2020-21 due to the impact of COVID on overseas migration.

ABS Director Migration Statistics, Jenny Dobak, said the figures show there were more people departing from, than arriving into, Australia during the pandemic, reversing the historical migration pattern. “During the COVID-19 pandemic, many historical patterns of migration have changed,” she said. “Contrast this to 2018-19, prior to the pandemic, when the country recorded a net gain of 241,300 people.”

Nationally, when compared with a year ago, emigration fell 25% (234,600 from 314,200) and immigration fell 71% (145,800 from 506,900).  “In the decade prior to the pandemic, there was an annual net gain from overseas migration for each state and territory,” Ms Dobak said.  “However in 2020-21, during the pandemic, there was a decline in net overseas migration in every state and territory.”

Victoria lost the highest number of migrants recording a loss of 56,100, followed by Queensland (14,400), WA (5,600), NSW (5,500), SA (3,300), ACT (3,100), Tasmania (440) and the Northern Territory (380).

​​Last month, the Office of Home Affairs said it was updating its Migration Program to try and support the economic recovery impacted severely by the loss of migrant skilled workers. The Office said it was aiming to attract 79,600 skilled workers into the country in 2022 – about half the 160,000 migration places it was forecasting.

Of those, 22,000 were allocated to employer-sponsored workers and 13,500 were to be set aside for the business innovation and investment program. It was also changing the visa rules for migrant skilled workers still in Australia.

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke said these measures recognise the contribution of skilled migrants who remained here during the COVID-19 pandemic and encourage them to stay in Australia.

“Eligible skilled workers, already in Australia, will continue to support local businesses facing critical shortages, particularly in health, hospitality and our regions,” Mr Hawke said. “This recognises the economic value-add of these critical workers, and retaining them will greatly assist in Australia’s economic recovery.”

“The changes complement the government’s recent announcement that fully vaccinated eligible temporary and provisional visa holders may enter Australia without a travel exemption from 1 December 2021,” he said.

These visa changes will improve access to permanent residence for:

Existing Temporary Skill Shortage (subclass 482) visa holders in the short-term stream; and

Legacy Temporary Work Skilled (subclass 457) visa holders who no longer meet the age requirement.

“This is a special concession recognising those highly skilled migrant workers who chose to stay in Australia throughout the pandemic while continuing to address Australia’s acute shortages. This allows them to stay here, with a pathway to Australian citizenship,” Mr Hawke said.

“There are currently about 20,000 primary Temporary Skill Shortage and 457 visa holders in Australia who may benefit from these arrangements. Most of these workers are employed in the highest-skilled occupations and the largest cohorts of workers benefiting from these changes include those currently employed in the health and hospitality industries, including many workers in regional Australia.”

In October, KPMG said the government’s Centre for Population forecasts positive migration will only return in the 2022-23 financial year.

KPMG’s head of immigration services, Belinda Wright, said border closures had severely affected Australia’s migrant program.

She said before the pandemic, Australia had already been falling behind other countries in its ability to attract and retain skilled migrants and travel restrictions had only made that worse.

With thanks, Business Australia.

TALK TO THE PHOENIX LAW MIGRATION TEAM NOW. Contact your friendly multilingual legal experts at PHOENIX LAW & ASSOCIATES – CALL 1800GETHELP See https://www.phoenix-law.com.au/ or email  info@phoenix-law.com.au #immigration #Australianimmigration #migrationvisa #PartnerVisa #LawyersBrisbane

Have you FALLEN IN LOVE WITH AN AUSSIE?  If you are considering APPLYING FOR A PARTNER VISA so that you or your special someone can stay together, this booklet was written for you! You can strengthen your Partner Visa application with the help of our experts – they cost very little and come straight from the desk of a leading migration solicitor. Example #1 – Say Cheese! – pull out your iPhone and take a few couple selfies. Taking pictures is a great way to gather evidence of your relationship.

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Are you trying to bring your parent to Australia?

 

Last week, the Australian government officially announced a new parent visa subclass: The 870 Sponsored Parent Visa.

The 870 visa gives the opportunity for parents of all ages to spend up to five years in Australia with their children. And, to make this visa more appealing, the government has dropped some of the major restrictions other parent visa categories carry.

So, what is the 870 Sponsored Parent visa and who is eligible to apply for it?

 

What makes this visa different?

Unlike other parent visas, the 870 visa doesn’t require the parent to meet the “Balance of Family” rule. Instead, the sponsored parent just needs to have a child (biological, adopted or step-child) who is an Australian citizen, permanent resident, or eligible New Zealand citizen who has been living in Australia for four years.

This is good news for children who have been living in Australia for many years but still have the majority of their brothers and sisters living overseas.

Another important difference between the 870 visa and other parent visas is this visa doesn’t put minimum or maximum age restrictions on the parents – a rule that has previously prevented many migrant’s parents from coming to Australia.

And, while this visa does not lead to permanent residency, eligible parents can stay for the full 5 years, leave the country, then apply for another 5-year visa, meaning they can enjoy a maximum period of 10 years with their children and grandchildren in Australia.

 

What is the application process?

The first step towards obtaining an 870 Sponsored Parent visa is getting the child approved as a sponsor. This will require the child to:

  • Undergo police checks and;
  • Prove they are earning a taxable income of $83,454.80 or more (this can be joint family income).

Then, once the child has been approved as a sponsor, the second step is to lodge the parent’s application within six months of their sponsor’s approval.

When lodging an 870 Sponsored Parent visa application, the parents must be able to prove they:

  • Have sufficient income to provide for themselves while living in Australia, as the 870 visa doesn’t grant the parents any right to work in Australia
  • Meet the government’s health requirements and get private health insurance
  • Meet the government’s character requirements.
  • Have no debt owing to the Australian government (exemptions can be made if repayment arrangements are in place).

 

When can I apply?

While sponsor applications are open now, visa applications can only be lodged after 1st of July.

If you are considering applying for an 870 Sponsored Parent visa, it’s important you take steps to submit your application as early as possible because only 15,000 of these visas will be granted this year.

 

How much does an 870 Parental Visa application cost?

There are two main application fees for this visa:

  • Sponsorship application fee: $470
  • Visa application fee: $5000 for a three-year visa or $10,000 for a five-year visa (this fee is paid in two parts, one upon application and the second prior to being granted).

With such substantial sums of money on the line, many applicants prefer not to risk preparing their own application and use a migration agent instead.

 

How long does it take to be approved for an 870 Sponsored Parent Visa?

As this is a new subclass of visa, there is currently no information available about processing times. It is expected that applicants will receive more information about wait times at least three months after the applications open.

 

How do I get started?

To find out more about this visa type, or to explore other visas that might be better suited to your needs, get in touch with a migration agent at Phoenix Law & Associates.

We’ve helped thousands of people live, work, study and holiday in Australia, and we specialise in helping people who don’t speak English as their first language apply for visas.

Our team includes:

  • Mandarin speaking lawyers
  • Cantonese speaking lawyers
  • Japanese speaking lawyers
  • Farsi speaking lawyers
  • Dari speaking lawyers
  • Hindi speaking lawyers
  • Urdu speaking lawyers
  • Kurdish speaking lawyers
  • Bosnian speaking lawyers
  • Croatian speaking lawyers
  • Serbian speaking lawyers
  • Slovenian speaking lawyers
  • Macedonian speaking lawyers
  • Montenegrian speaking lawyers

Call 07 3607 3274 or email info@phoenix-law.com.au to request an obligation-free consultation. We’re here to help YOU!

 

Are you looking for a way to stay in Australia?

 

This month, the Australian government announced two new special visa agreements that can help skilled and semi-skilled overseas workers with lower english fluency to attain permanent residency… provided they are willing to live and work in designated regional Australian towns.

 

These special work visas  are sponsored by employers through labour agreements officially known as the Designation Area Migration Agreements (DAMA)s under one or both of the existing visa programs [(Temporary Skill Shortage (TSS) visa (subclass 482) and Employer Nomination Scheme visa (subclass 186)].

 

They will allow migrants who have hospitality or farming skills to get jobs in areas that have severe labour and population shortages. Currently these areas include south-west Victoria’s Warrnambool region and certain parts of the Northern Territory (where the DAMA is not new, but the offer of permanent residency is).

 

Those who take the government up their offer will need to commit to spending three to four years in the same isolated region before they can access a pathway to permanent residency – a promise that may prove challenging to keep in the Northern Territory’s intense tropical weather!

 

The announcement of the new visa agreements comes as welcome news to many migrants who are facing an uphill battle to stay in the country.

 

In recent years, the requirements for other work visas have become much stricter than they have been in the past. In particular, changes to jobs on the skilled occupation lists have left many migrants no longer eligible to apply for or extend their work visas.

 

A full list of the 117 jobs on the Northern Territory DAMA occupation list can be found here. The list includes lesser-skilled roles such as baristas, delivery drivers, and landscapers – all of which are also eligible for low-english concessions.

 

The Warrnambool DAMA is designed to attract workers to the area’s meat-processing, dairy and agricultural industries – making it a good fit for those who can’t stand the Northern Territory heat, but not ideal for vegans or office workers. The detailed requirements for this region’s new visa will be finalised next year.

 

 

To chat to a migration solicitor about how you can stay in Australia, get in touch with us! We specialise in helping people who don’t speak English as their first language apply for visas.

 

Our team includes:

  • Mandarin speaking lawyers
  • Cantonese speaking lawyers
  • Japanese speaking lawyers
  • Farsi speaking lawyers
  • Dari speaking lawyers
  • Hindi speaking lawyers
  • Urdu speaking lawyers
  • Kurdish speaking lawyers
  • Bosnian speaking lawyers
  • Croatian speaking lawyers
  • Serbian speaking lawyers
  • Slovenian speaking lawyers
  • Macedonian speaking lawyers
  • Montenegrian speaking lawyers

Call (07) 3180 0908 or email info@phoenix-law.com.au for an friendly, obligation-free consultation. We’re here to help YOU!

partner visa application

 

Have you fallen in love with an Aussie?

 

If your partner is an Australian citizen or permanent resident, and you plan to submit a partner visa application so you can remain together, this article is for you.

Here are three easy ways to increase your likelihood of a successful application:

 

1. Join the queue ASAP

Trying to navigate the deadlines and documents the Department of Home Affairs requires can be a nightmare. Sure, all the information is online, but it’s usually sprinkled across so many different web pages and forms that it’s hard to put all the pieces together.

Once you know you want to stay in Australia, the first thing you should do is ask a migration agent which documents you need, how to submit them, and when they’re due.

Make sure you do this well before your current visa expires because partner visa processing is notoriously slow, usually taking 13-18 months per application.

There’s rarely a way to fast track this process: The sooner you pay your visa fee, the sooner you join the queue. So, find out what you need to do to and take action ASAP.


2. Find out which rules are more flexible than others

If you’re concerned that you or your partner don’t meet the visa requirements listed online, there can still be a way to make that visa happen.

Here are two common situations that, at first glance, don’t meet the visa criteria, but can be worked to your favour by a smart solicitor:

  • Short relationships: To obtain a partner visa you generally must have been in a relationship and cohabiting with your Aussie partner for at least 12 months prior to lodging your application. However, if the duration of your relationship/cohabitation is less than 12 months, it’s still possible to obtain a partnership visa. This can be done by registering your defacto partner status with an Australian state or territory, obtaining a relationship certificate, then making a successful submission to waive the 12 months relationship requirement. 
  • Criminal records: You may be disappointed to discover your partner is unlikely to pass the Australian government’s character checks. The Department of Home Affairs has a specific requirement that the visa applicant’s partner doesn’t have a significant criminal record (a term of imprisonment up to 12 months or more). What you might not know, however, is that there are some exemptions which can be granted (such as compelling circumstances), but this takes time and needs to be dealt with early in the process.

With the right advice, you can overcome potential roadblocks that would otherwise delay, or sink or visa approval.  

 

3. Don’t assume the Department of Home Affairs will chase you

When it comes to providing supporting documentation and evidence, the onus is on you to do everything.

Don’t assume that if you’ve left something important out, the Department of Home Affairs will chase you down to ask for additional paperwork. If you don’t have enough evidence, chances are they will just reject your application, leaving you out of pocket for your application fee, and at the back of the queue again.

 

If you need help applying for your partnership visa…

Consider getting in touch with Phoenix Law.

We have solicitors that speak your language, including:

  • Mandarin speaking lawyers
  • Cantonese speaking lawyers
  • Japanese speaking lawyers
  • Farsi speaking lawyers
  • Dari speaking lawyers
  • Hindi speaking lawyers
  • Urdu speaking lawyers
  • Kurdish speaking lawyers
  • Bosnian speaking lawyers
  • Croatian speaking lawyers
  • Serbian speaking lawyers
  • French speaking lawyers
  • Italian speaking lawyers
  • Polish speaking lawyers
  • Russian speaking lawyers
  • Slovenian speaking lawyers
  • Macedonian speaking lawyers
  • Montenegrian speaking lawyers

Call (07) 3180 0908 or email info@phoenix-law.com.au for an obligation-free consultation. We’ll help you any way we can!

 

underpaid migrant worker lawyer

 

A damning new report has shown over 50% of Australia’s international students, temporary migrant workers and backpackers are paid as little as half the minimum wage and only 10% ever attempt to recover their unpaid wages.

 
The study, which examined responses from 4322 participants originating from 107 countries, who worked in all Australian states and territories, also revealed only 3% of underpaid migrant workers went to the Fair Work Ombudsman and more than half of those who did recovered nothing.
 

Contrary to popular belief that migrants are content with lower wages, 54% of migrant workers were indeed open to trying to claim their unpaid wages. Yet, they did not do so for a variety of reasons:

 

  • 25% feared they would lose their visa 
  • 22% feared they would lose their job 
  • 42% said they did not know what to do 
  • 15% said their “English was not good enough” 
  • 35% said it was “too much work” did not know how much effort was involved 
  • 28% said they had agreed to the wage, so they had no legitimate reason to complain
  • 26% said that others around them had the same wage and weren’t taking action 
  • 20% were pessimistic about getting a positive outcome 
Australia’s underpayment epidemic is clearly fuelled by unscrupulous employers who rely on migrant workers’ silence.

 

What can underpaid migrant workers do?

 

While most naturalised Australians will tell migrant workers to seek help from the Fair Work Ombudsman (FWO), the reality is that the FWO rarely assists individuals in a meaningful way.
 
First, the FWO has a directive to ensure that ‘at least 90% of requests for assistance involving a workplace dispute are finalised through education and dispute resolution services’. This means that most underpaid workers who contact the FWO will be directed to their website or other service providers.
 
Second, even when a formal Request for Assistance is submitted, the FWO may address the matter directly with the employer or attempt to mediate over the phone – although they have no power to compel the employer to participate. This could jeopardise a worker’s visa and employment.
 
Third, according to the report, “In only a small fraction of cases, an individual Request for Assistance will trigger a formal investigation… while remedies for individual workers may flow from [subsequent] enforcement activities or be a means to achieving their goals, they are not a primary objective in their own right.”
 
In short, the role of the FWO is not to advocate for individual workers, but to ensure general compliance within businesses, and the majority of workers who contact FWO will not get their unpaid wages.

 

How a solicitor can assist underpaid migrant workers

 

Wherever financially possible, it seems the best recourse for migrant workers who are owed money from their employers is to seek legal advice.
 
A solicitor can help migrant workers:
  • Directly negotiate with their employer from a position of legal standing, ensuring their visa and job are not threatened.
  • Gather the required evidence and documentation, which can be difficult for workers who aren’t issued payslips or are paid in cash.
  • File a claim in court (most often small claims court, but in some cases, a class action may be appropriate). Often, success may hinge upon something as simple as correctly identifying who a worker’s legal employers are and the legal instrument they have breached.
While it is true that some cases may not be worth pursuing, wage theft can quickly add up.
 
An employee who has been underpaid by $10 an hour for 20 hours a week would be entitled to $10,400 a year.

 

What to do when you’re a migrant worker who has been underpaid

 

If you’ve been underpaid, don’t just call the Fair Work Ombudsman. Seek legal advice. Call (07) 3180 0908 or email info@phoenix-law.com.au for a confidential discussion about your circumstances.
 
Our solicitors speak:
 
  • Japanese 
  • Chinese (Mandarin) 
  • Farsi (Persian) 
  • Dari 
  • Hindi 
  • Urdu 
  • Kurdish