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Leading Auckland immigration lawyer Aaron Martin knows from extensive experience with clients exactly where the frustrations and incompetencies of the current process lie. He has some suggestions for the new Government about where its focus should be when it comes to immigration. The Labour Party election campaign focused on positive messages. So I eagerly looked […]
If you want to be granted a Skilled Migrant Category Residence visa in 2018 you should check your eligibility against the new Ministry of Business Innovation and Employment SMC criteria. Last week, the MBIE updated the SMC visa and changed the remuneration (payment) threshold that will meet the eligible criteria for migrants. The remuneration (payment) […]
To the Right Hon. Jacinda Adern and the Hon. Iain Lees-Galloway,
Welcome to Government. I am looking forward to the next 100 days. I am hoping some of rank injustice created by your predecessors will be swept away.
You said your Government will be empathetic. I am hoping you’ll have some empathy for those New Zealanders whose parents have been left in limbo since the National Government’s cancellation of the Parent Category.
A large number parents started application processes knowing they met the criteria for residence. The criteria were certain; the process predictable – albeit it a bit long. There was no hint that the rug would be pulled from under their feet.
Since then they have shuffled back and forth between New Zealand and a place they no longer regard as home because the children and grand-children are here. The stress and uncertainty has been significant. All they want is to know what is to become of them.
Your coalition partner might be critical of the parent category for allowing a group of people access to pensions when they have not contributed. But that is an issue of welfare reform not a failure of immigration policy.
It’s also not a reason to do leave things as they are.
The other injustice is the interim visa expiry date rule. At present the rule means a visa expires as soon as a decision is made. If that decision is to decline the visa and the old visa has already expired, the applicant becomes an overstayer 1 day later.
The rule renders people unlawful when they have no desire to become so.
If they wish to depart they do so with a stain on their immigration history as it is often impossible to arrange a departure within 24 hours of the decision especially after several years here.
From an administrative perspective it is creating a balloon of requests for visas that is creating unnecessary work for your Immigration Officers.
Finally, please let us know what is going to be done in regard the work visa right for international students. We are all expecting some change here. Given the impact this change will have on the export education sector and those already here, certainty is needed – quickly.
Aaron Martin
Principal Layer NZIL
Immigration cuts to net migration
New Zealand’s new prime minister Jacinda Ardern has vowed to honour Labour’s election promise to cut net migration to 20,000 to 30,000 a year.
She also predicted that New Zealand will be facing an economic slowdown which she plans to prepare for:
“Certainly there were signs of an economic slowdown, “Ardern said.
“It was only fair of Mr Peters to reflect what might be on the horizon for this new Labour-led government, to make sure that people have some anticipation that we will potentially have a rocky road in front of us.”
It was the government’s job to manage the economy if it was affected by the international outlook, but the government couldn’t always control what it faced.
On Newstalk ZB, Ardern was asked whether she might have been better off spending the next three years in opposition, rather than going into government with NZ First, which could have given Labour a good chance of a strong result in 2020.
“You cannot take these moments in time and view them with political expediency,” she said.
“The decision we were making was not about what was the best political opportunity for Labour in the long term but what presented us with the greatest opportunity to deliver change for New Zealand and the New Zealanders who need us to deliver change.”
Concerned about your visa status? get in contact with NZIL today to see how we can assist your pathway to residency.
What Impact will Winston Peters bring to the migrant community?
The results of the election suggest the next year will be very interesting for the migrant community.
As predicted, Winston Peters is kingmaker. For 21 years Peters has pushed an anti-migrant platform, and we can expect that any coalition deal New Zealand First makes – whether with Labour or National – will include some attempt to curtail immigration numbers.
However, both major parties promised large-scale infrastructure works in this election. These projects would place enormous pressure on the market that could only be relieved by labour and skills from offshore.
Already many employers have discovered that “the skills shortage” has just become plain “labour shortage”, and they are struggling to fill essential positions. I predict greater pressure on the government from employers for work visas.
Therefore, I speculate that any coalition deal will put some restraint on New Zealand First efforts to cut migration numbers.
Several legislative changes this year already make it more difficult for migrants to live and work in New Zealand. Dramatic changes to residence visa rules have reduced the number of people who qualify for residence. And major changes to work visa rules have tightened time restrictions on how long migrant workers can stay. Many migrants, particularly in the lower-paid restaurant industry, will have to apply for repeated one-year work visas until being forced to leave the country after three years. Some will also find it much more difficult for spouses and children with them to New Zealand.
These changes are likely discourage people from accepting jobs in New Zealand, putting further pressure on the labour market.
Employers will need to develop new pathways for skilled migrant workers to obtain residence. They will need to familiarise themselves with the new rules to establish how long their workers will be able to stay in New Zealand so they can plan their human resource capability over a business cycle.
People coming to New Zealand for work with a view to migrating permanently will also need good practical advice to avoid errors and unexpected surprises along the way.
Migrants and employers both need expert guidance to ensure the new rules can work for them.
The issues are not insurmountable, but it’s good to have experienced advocates looking after you.
That’s us! If you want to establish your pathway, or develop a plan for future staffing needs, get in touch.
What are the implications of the new visa changes for immigrants and employers? The changes to the Skilled Migrant points system and work visa rules announced in April 2017 have now been implemented. The most fundamental changes are: Salary bands have been introduced as a surrogate for assessment of skill The only work experience that […]
The unforeseen consequence of the immigration law changes is that New Zealand employers will struggle to fill roles on the skilled shortage list under the new system.
Analysis of the new immigration law changes has so far focused on the effects on the economy and the flow of migrants. But there are several other ramifications of the recent law changes that have been overlooked.
As the changes restrict pathways to residence under the skilled migrant category, New Zealand employers will find it more difficult to fill positions. Some employers may have roles available that would have been previously been defined as skilled jobs but with the new income thresholds that will no longer be the case.
Under the new rules, these jobs will no longer be considered highly skilled unless the salary is over $49,000. This will affect industries where the local labour pool is not adequate to meet the demand.
Changes to the required wage threshold for migrants will also hit employers who have existing employees on work visas. Employees holding essential skills work visas who earn less than this will now have to leave New Zealand after 3 years, and face a stand-down period before they can apply for another visa. This means an employer will have to find and train someone else for the role.
The salary threshold will particularly affect provincial employers who cannot meet the salary threshold to allow their migrant worker to transition to residence.
“I believe the government is attempting to reduce the flow of migrants, and attract only the top echelon of skilled labour who meet the new criteria for a pathway to residency. The consequences of these new restrictions will have a severe impact on employers and New Zealand businesses in an already limited labour market.” Aaron Martin, immigration law expert.
Another major change that will affect employers is that partners and children of migrants on a work visa will be given only visitor visas. Partners and children will no longer automatically be entitled to a work or student visa themselves, and will gain these visas if they meet the requirements in their own right, or are prepared to become international students. This further limits the options for employers who are finding it difficult to fill lower-skilled roles.
“We’re facing a major skills shortage and now it is even more difficult to recruit from offshore. The overall impact will be businesses will find it increasingly hard to find the talent pool that they need” says Aaron Martin.
Quick outline of the changes: Two remuneration thresholds are being introduced. One remuneration threshold will be set at the New Zealand median income of $48,859 a year for jobs that are currently considered skilled. The other threshold will be set at 1.5 times the New Zealand median income of $73,299 a year for jobs that […]
With the New Zealand economy booming, we are seeing an increasing demand from many business sectors to recruit from an offshore skilled labour talent pool. We created this guide to help employers understand what they need to do when considering hiring a skilled migrant.
I’m a business owner who wants to hire a migrant. What do I need to do?
If you want to employ someone from the overseas pool, your potential hire will need to apply for a work visa.
In most instances it will not be possible for your hire to obtain a work visa without a job offer, unless they are in a relationship with a New Zealand citizen resident, seeking refugee status, or have completed a New Zealand university-level qualification. In these situations most will hold work visas allowing employment with any employer.
Employers wanting to hire a migrant who claims to be already allowed to work in New Zealand can use the Immigration New Zealand service VisaView to check whether this is correct. This service allows registered employers to check whether a person who is not a New Zealand citizen is allowed to work for them in New Zealand. Alternatively it allows employers to confirm New Zealand passport information provided by the potential hire, and therefore confirm New Zealand citizenship and entitlement to work in any job.
What visa should my prospective hirer apply under?
The Essential Skills Work Visa is the largest category of work visa issued to people who have been recruited by New Zealand businesses. If you want to offer a job to a foreign national, that person will most likely apply for this category of work visa.
There are some exceptions to this, but it depends upon the nature and purpose of the employment.
Granting of the Essential Skills visa is dependent upon you, as the employer, demonstrating that you have advertised the job locally and been unable to recruit a New Zealand citizen or resident from the local labour market. Evidence of the attempts to recruit from the local labour market are key to success here. The only exception is if the role is an area of skills shortage.
What about the skills shortage list? How does that work?
If the role you are seeking to fill is on a “skill shortage list”, you don’t need to produce evidence of attempts to recruit locally. The shortage lists cover occupations that are in high demand in New Zealand. Check which roles are currently on the list here.
Note that shortage lists are liable to change frequently depending on current need, with a review of them occurring every quarter.
There are three types of skills shortage lists.
When applying for a visa for a role on the skill shortage list, it is important you understand:
What restrictions on employment come with the work visa?
Any work visa issued will be subject to the condition the holder work only for that employer and in the offered position and location.
Depending on the skill level of the job, the work visa will be valid for 1, 3, or 5 years.
Isn’t it more trouble than it’s worth to employ from overseas?
Employers in New Zealand harbour a few misconceptions about the process of recruiting staff from overseas.
One thing employers are concerned about is a fear of onerous sponsorship obligations. However, under the legislation, sponsorship is discretionary rather than mandatory.
You don’t need to sponsor your employee in order to hire them, and in fact it is very rare for a New Zealand employer to be asked to sponsor an employee’s work visa application. Sponsorship is requested only if an officer considers there is a risk associated with the visa applicant that needs management by sponsorship.
Another worry that puts employers off recruiting from overseas is the fear the process will require a mountain of paperwork. Although essential documentation is certainly required, it is actually easy to hand and pretty basic.
How long will the visa application take?
A work visa application can be put together relatively quickly, and usually takes 25 working days to be processed. The application can also be processed through Immigration New Zealand’s online system, which can facilitate very quick turnaround of anywhere between 48 hours to one week.
Why might the visa be declined?
In instances where advertising for local job applicants is required, Immigration New Zealand can decline visa applications if it believes any of these apply:
As part of the Ministry of Business, Innovation and Employment, Immigration New Zealand must also police labour laws in New Zealand. Consequently work visas can also be declined if Immigration New Zealand:
When would I need help with my application?
There are 75 different types of work visas, with 11 categories that may be relevant to a prospective employer. The category an employer should use depends upon the circumstances necessitating the hire, or the circumstances of the employee or prospective employee. And each category has its own differing criteria and documentation requirements. It can be a minefield for people to negotiate the complexities of these requirements unaided.
Can’t I just use my HR team to handle this?
The ability for people within HR teams to provide immigration advice is restricted by the requirement for those giving advice to hold a license, or to be exempted from holding a licence, to provide such advice. Simply telling a person how to answer a question on a form is considered immigration advice. And if such guidance is given in the absence of a licence (or an exemption from needing a licence) the person giving the advice risks 7 years in jail and/or a $100,000 fine.
The Immigration Advisers Authority has made it clear: just because you may be employed as an HR specialist within a company, you are not permitted to provide immigration advice to the company, to employees, or to prospective employees in the absence of a license (or an exemption from needing a licence).
Significant problems can also be caused by the failure of people in HR teams to understand how shortage lists work and how they interface with the criteria for the grant of a work visa.
At New Zealand Immigration Law we are here to solve those problems and avoid applications running into needless difficulty. We can also assist you to gain permission to recruit multiple workers into New Zealand with one application rather than several single applications. This will save you time and money.
Want to know more?
Download our Employer Checklist so you can see the documentation and process you will need to follow to employ a skilled migrant.
Or get in contact with us to see how we can assist you with an application.
The Skilled Migrant Category is based upon a points system awarding points for age qualification, work experience, family connections and a NZ-offer of employment.
It also awards bonus points for special circumstances such as, qualifications or work experience in areas of nationally recognised skills shortage. Bonus point are attributed for job offers outside the Auckland region.
To apply under the Skilled Migrant Category, you must be aged 56 or under, meet the skill level for your occupation, have qualifications and work experience that is “recognised” and meet English language, health, and character requirements.
Before you apply, you need to send an Expression of Interest (EOI) telling Immigration New Zealand (INZ) about your work experience, qualifications and capacity to settle and contribute to New Zealand.
Your (EOI) is then scored, if you can reach above 160 points you are then offered the opportunity to make a residence application.
In our experience, many people incorrectly calculate themselves as having bonus points which they do not qualify for. If you wish us to evaluate whether you have enough points to qualify for a residence visa, contact us for an assessment.
Can I include my family in this application?
Yes, for this visa, you can include your partner, and dependent children aged 24 and under, in your residence application at no further cost.
The EOI process costs $530 for the online form.
On the EOI form you provide lots of information about yourself, and your family, including occupation, qualifications and English language skills, which you are then awarded points for.
If your EOI is successful, then the application for the Skilled migrant visa is between $1890 to $2505 depending on what country of origin you are applying from.
INZ also charges a $580 levy to every skilled Migrant visa application.
If you are already based in New Zealand the fees including the Levy would be:
Online EOI application: $530
Visa application (including levy): $2470
If you are applying from the Pacific, the fee cost is:
Online EOI application: $530
Visa application (including levy): $2200
For an application from anywhere else in the world the fee cost is:
Online EOI application: $530
Visa application (including levy): $3085
With the fees at these rates it makes sense to get your application checked for eligibility by a professional to ensure you have the best chance of success!
Once you submit your EOI it goes into a pool of applications awaiting processing. The time it takes to be assessed depends on the caseload of (INZ) but can range between 2 to 4 months.
If your EOI is selected, Immigration New Zealand (INZ) will complete a preliminary assessment of the information you provided and they may invite you to apply for residence.
You will be given four months to lodge the residency application from the date you receive your Invitation to Apply (ITA). You send Immigration New Zealand your application and supporting documents along with the INZ application fee.
Then the processing of the application starts. The length of time this takes depends on many factors but on average will take 6 – 18 months.
In general, if an application has no errors or incomplete information and provides all documentation in a manner that fits the INZ requirements then this application is more likely to be processed faster.
In our experience the Skilled Migrant Category produces a significant number of unsuccessful EOIs simply due to insufficient knowledge by the applicant.
Inexperience and incomplete information will guarantee a failed application…
For example, we find many clients provide a generic job description that won’t adequately explain what your role is in a context that INZ can accept.
Also, many people calculate themselves as having bonus points which they do not qualify for.
If you have established that you may be eligible to apply for a skilled migrant visa and would like us to
take our online assessment or contact us directly.
With so much at stake, why risk getting it wrong doing it on your own? Our immigration law experts can offer you a clear pathway to make the right decisions and apply under the correct criteria.
We provide assistance in building a case to supplement your application and can also help you clarify your application to make it easy for Immigration New Zealand to make a decision about your suitability.
Your visa application to realise your dream of moving to New Zealand is too important to risk making mistakes. Go with the best. Let us make sure it’s all correct and take away the stress of the process.
Get in touch with our team today.
New Zealand Immigration Law is based in Avondale, Auckland. We offer expert legal counsel to clients seeking immigration advice. Our passion is to use our skills and expertise in immigration law to help make your dreams a reality.
We take our role as legal advisors seriously and we will always base our advice on your best interests.
