Employers in the regions, and in certain sectors, are in the need of purpose fit visa rules, managed in a timely manner, to allow them to fill vacancies when they are unable to do so with locals. New Zealanders first, is a must, however when gaps appear the entry of temporary workers is critical. Supporting the development of New Zealanders and approving work visas to allow New Zealand businesses to flourish can be complementary.

Kirk Hope Chief Executive of Business NZ recently advocated for “sensible immigration settings” given the need for skills to support growth and citing the advantages of diversity and the attractiveness of New Zealand resulting in a good result for everyone.

I wholeheartedly agree, although we have heard much about taking a regional approach, an outage at migrant exploration and need to train and little has changed. Upskilling may have begun and work rights for students have been addressed, although I am unsure if this will eliminate student exploitation, we remain on high alert for the long-forecasted immigration reforms to address region and industryspecific skill shortages

Mary Noonan

New Remuneration Levels

Applicants applying for an Essential Skills Work Visa with an occupation classified as a level 1, 2 & 3 of the Australia New Zealand Standard Classification of Occupations (ANZSCO) must now earn $21.25 or higher to be considered mid-skilled.  These generally are people filling trade roles or who are working in roles requiring a degree.

Skilled Migrant Category (SMC) clients with occupations in ANZSCO in level 1, 2 & 3 must earn $25 per hour to be considered skilled employment while those occupying roles in ANZSCO at 4 or 5 and those whose roles which don’t fit within an ANZSCO classification need to earn $37.50 per hour or equivalent annual salary. SMC applicants being paid $50 plus per hour can potentially claim additional points.

These new rates took effect for applications submitted on and after the 26 November 2018 and relate to full-time work.

Jeremy Clapp

Recognised Seasonal Employer (RSE) and the Ministry of Social Development’s seasonal labour shortage declarations

The Recognised Seasonal Employer (RSE) scheme came into effect in April 2007 and has proved to be a welcome addition to the labour force for horticulture and viticulture industries enabling them to recruit workers from overseas to meet seasonal needs.  Workers come from Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.

They generally work for up to seven months and then return to their homes. Those from Tuvalu and Kiribati are able to stay an additional two months within the eleven month period because of the higher cost of airfares to these countries.

From time to time, Ministry of Social Development declares a seasonal labour shortage which allows for the grant of a Variation of Conditions to tourists already in New Zealand on a visitor visa. Generally, the approval lasts for a matter of weeks, are limited to a particular region, and are the last minute last option when crops are desperately needed to be harvested and no other labour is available.

Nils Macfarlane

Thank you South Canterbury Chamber of Commerce and your sponsors for nominating Heartland Immigration for the ANZ People’s Choice Business Excellence Award. It has been rewarding to be recognised as part of the South Canterbury community and it is exactly what we intended when establishing that office. Nils Macfarlane is a local afterall and he shares his thoughts below.

August saw the softening of the rules around Interim Visas and significant changes in work privileges for future international students.

Interim visas have changed for the better as now if INZ declines a visitor, work or student visa application or the applications is withdrawn, the interim visa will valid for 21 days after that action provided it is within six months of the original grant of the visas. Interim visas are electronically granted to most applicants in New Zealand who applied for a new visa before their old one expires. In the past if you weren’t granted a new visa you most likely ended up an overstayer. Reducing immigration options and tarnishing reputations.

Interim visas are therefore now valid until a new visa is approved, or 21 days after an application is declined or withdrawn and if neither of these two options has occurred six months after the grant of the interim visa. This is a game changer and I welcome the introduction of this fair minded and reasoned approach. Well done INZ.

Changes to international students work privileges had been well signalled and in the future will reduced the number of eligible students but will provide greater flexibility to those students who do gain work rights.

Mary Noonan

 

I was pleased that Heartland Immigration was named as a ANZ People’s Choice finalist in the South Canterbury Chamber of Commerce Business Excellence Awards.

Regrettably I couldn’t attend the function itself, as I had pre booked an overseas holiday, but I did spend a winter morning being filmed with our wonderful city as a backdrop for the promotional video and understand the function itself was a great success. Well done Fairlie Bakehouse for taking out the ANZ People’s Choice Award. I am a big fan of your pork belly pies.

Collaborating with the Chamber and sharing my immigration knowledge has been a privilege and I am so glad I moved back to my hometown two years ago.

Timaru offers a great lifestyle and it is rewarding assisting employers to secure staff along with helping migrants gain visas. Since relocating, the complexities of the visa process have steadily increased with no signs of it slowing down in the near future so I am glad to be able to service my community.

I maybe alone in the Timaru office at 9 Victoria St, Parkside, but are in close contact with my Christchurch based colleagues. We take a team approach and with our combined skill base I have access to in excess of fifty years direct immigration experience along with HR, recruitment and legal expertise. Try me by phoning 021 793 981.

Special thanks to the South Canterbury Chamber of Commerce and their sponsors for the opportunity to participate and for the efforts in promoting South Canterbury.

Nils Macfarlane

 

Eligible students who completed tertiary qualifications in New Zealand as full fee paying students will now be granted open work visas from 26 November 2018. Previously students who obtained long term work visas had to provide job offers and were limited to work for that one employer and this change eliminates that restriction.

Those with qualifications below degree level will be eligible for one year work visas with an additional one year open work visas for those working towards registration with a professional or trade body. Qualifications at degree level will gain three year open work visas.

Students will now only be able to support work visas for their partners, and student visas for their children, if they are postgraduate students studying subjects leading to occupations listed on the Long Term Skill Shortage List.

As an interim measure tertiary students studying below degree qualifications in the regions, that is outside of Auckland, could be eligible for a two year work visa if they complete their qualifications by December 2021.

Students are not limited to post graduations student categories nor are existing students likely to be disadvantaged. To ensure you have the correct advice for your situation it is best to obtain professional advice tailored to the individual’s unique situation. 

Jeremy Clapp

 

 

Last month Immigration New Zealand (INZ) reached another milestone in that they dispensed with placing sticky labels in physical passports other than for certain categories of students. A world away from when I first began working with visas when we would use ink stamps and make hand written endorsements in passports or Certificates of Identities. The next generation is eVisa and Nils provides an outline in this Newsletter.

Recently published statistics show a decrease in the number of skilled migrants being approved for residence while the number of temporary work visas has risen. The former is a direct result of last year’s changes which saw a tightening of the definition of “skilled”, as now the careful matching of an applicant’s employment background, job offer, training and qualification to the descriptions in the Australian New Zealand Standard Classification of Occupations (ANZSCO) is critical. Points allocated for those aged between 30 to 39 years increased as well as those with postgraduate qualifications. Skilled Migrant Category applicants however must now be paid at least $24.29 per hour and points are no longer able to be claimed for having a New Zealand family member, connections to identified future growth areas or for a qualification in areas of absolute skills shortage. The Skilled Migrant Category passmark remains at 160 but the criteria to obtain that is so much more difficult.

While an increase of 4,000 work visas recorded reflects lower unemployment levels, particularly in the regions, don’t be misled into thinking work visas are easily gained. INZ work visa Instructions also tighten establishing a three tier skill levels grouping, setting minimum wages and limiting the length of time permitted to work in New Zealand along with which work visa holders are able to support their partner and children’s visa applications.

With determination, a great deal of documentation, and often weeks of processing time, work visas are able to be obtained. The level of work visas issued does reiterate that skills and labour gaps exist in the marketplace, and along with training and the development of New Zealanders, the need for offshore recruitment remains.

In this Newsletter Jeremy outlines the two forms INZ employer accreditation status.

Mary Noonan

An electronic visa (eVisa), really a virtual visa, and the legal authority to remain in New Zealand or travel to New Zealand. Visa approvals in the main are now communicated by email or Immigration Online, or for those without internet facilities, by letter format. The purpose of this development is to eliminate the need for the passport to be couriered to INZ for a sticky label. Logistically this is easier and efficient as the visa is activated as soon as the Immigration Officer has approved the application given INZ’s computer system is instantaneously updated.

It is the environmentally friendly option, cheaper, quicker and has the same status as a label placed in the passport.

On request, and at a cost, a label can still be issued but I don’t generally recommend this as it is just not necessary however I do suggest you keep a copy of the approval with your passport.

Nils Macfarlane

INZ has a process to register and identify employers with good employment practices and a history of compliance in all areas of employment law. This process is a requirement for construction labour hire employers in Canterbury and beneficial for employers who employ migrant staff in any industry when they became Talent Accredited Employers.

Labour Hire Accreditation was introduced in the Canterbury post quake rebuild and was aimed at eliminating migrant exploitation and to create an even playing field for labour hire companies operating in that post quake environment.

Although Labour Hire Accreditation is currently only a requirement for labour hire companies employing construction migrant staff in Canterbury, other labour hire companies can apply. The recent cabinet paper prepared by the new Government has indicated they are very likely to extend the Labour Hire Accreditation requirements to labour hire companies beyond Canterbury.

Employers approved under INZ’s Talent Employer Accreditation have benefits that include a smoother pathway for their employees to gain work visas. Since last year’s changes to the Skilled Migrant Category Resident Visa, the Talent Employer Accreditation scheme has become more advantageous, as it allows employees to apply for residence after 24 months if eligible. Changes are anticipated to this category and I expect the minimum income level of $55,000 per annum to be raised in the near future. You will appreciate other conditions apply however this is a great option to qualifying employers and employees. Being a INZ Accredited employer is a competitive advantage allowing employers to attract the best possible talent by being identified as an employer of choice.

Jeremy Clapp

Immigration Minister Iain Lees Galloway is currently consulting and policy analysts are busy with proposed changes to work rights for overseas students and implementing Labour Market Testing that is fit for purpose.

It is a fine balance when reducing the attractiveness of New Zealand as a short term study destination when overall the sector reportedly generates more than $2 billion annually in foreign exchange earnings alone along with cultural and educational benefits. We have came a long way since the Colombo Plan students to the full fee paying private students operating in a market driven economy.

I have always found meeting ex students and learning of their achievements to be very rewarding. Previously overseas students, other than very short term English language students, studied academic courses, most graduated and where fully focused on securing good jobs and developing their careers whether it be in their home countries or in New Zealand.

The influx of shorter term students seeking a pathway to residence and education as a revenue source certainly has lead to student exploitation damaging New Zealand’s reputation and lowering the calibre of residence candidates.

Exploitation can’t be tolerated and I support the rebalancing of rules which will distinguish between genuine students and those using student visas simply to obtain entry to New Zealand. Nils has provided an overview of the proposed changes to student visas.

The recent announcement of a Kiwibuild Shortage List and the expansion of employer accreditation recognises that the Kiwibuild program is unable to be realised without the assistance of migrant workers to fill construction vacancies. Jeremy has summarised the proposal and I hope this announcement will encourage New Zealand construction sector employers to continue and expand their operations.

Mary Noonan

 

If the proposals include removing the requirement for a employer specific post graduation work visa along with changing the period granted. Three years for those graduating at degree level and above and one year for those graduating below degree level. The latter will need to have studied for in a course for at least two years in New Zealand.

Non specific employer work visas allow the holder to change employer and this proposal is aimed at reducing the opportunity for unscrupulous employers to take advantage of these students.

Rules changes for student’s partners being eligible for open work visas and for their children to be deemed domestic students, and therefore exempt from foreign fees school fees, is also proposed.

Nils Macfarlane

 

The Labour lead Government has acknowledged a shortfall of 30,000 construction workers nationwide and has signalled its intention to abolish their plan for the KiwiBuild Visa category, in favour of processes similar to that used post quake Canterbury.

This includes another skills shortage list, named the KiwiBuild Skills Shortages List, an expansion of employer accreditation for construction companies and additional accreditation requirements for labour hire companies being rolled out nationwide.

Simply put and the devil will be in the detail, occupations along with minimum levels of qualifications/work experience will be published and employers can obtain pre approval by becoming an Immigration New Zealand (INZ) accredited employer.

The proposal aims to reduce time frames for construction visas, ensure New Zealanders are given priority to be employed and upskilled, along with measures to reduce migrant exploitation.

Jeremy Clapp

The newly married, Her Royal Highness Princess Henry of Wales, won’t have much difficulty as special facilitation is provided to members of the British royal family. For most of us however, if we relocate to another country to be with our life partner, visa requirements are a major consideration.

Immigration New Zealand (INZ) has just expanded their ONLINE service to allow group applications including partners and children which streamlines the application process and allows each family member’s visa application to be lodged together electronically. The mechanism has been simplified however the rules are more complicated since the introduction last year of minimum income levels, skill level constraints on the principal visa holder and recently an increase in scrutinising the partnership element of visa applications. In this newsletter, Licensed Immigration Adviser Nils Macfarlane, provides a summary for visa applications based on partnerships with a New Zealand citizen, residence or temporary visa holders.

Our intrepid traveller Licensed Immigration Adviser Jeremy Clapp has returned fresh from a European holiday and is sharing learnings this month from his involvement with the Burnside Rugby Club’s Mates Helping Mates seminar presented by Professor Annette Beautrais. Your awareness could be transformational and Heartland Immigration Ltd is pleased that Jeremy is using this forum to support suicide awareness. Together we will make a difference.

A third region of New Zealand has been declared, for a limited period, to have a critical labour shortage and therefore relaxed procedures for a limited period where put in place for visitors already in New Zealand to be able undertake horticulture work. With well established skill shortages throughout New Zealand and labour shortages in many regions I await developments from the Government on meeting the needs of New Zealand employers to fill their vacancies once the local labour market has been exhausted.

Mary Noonan

 

If your partner is a New Zealand citizen or resident you could be able to apply for residence based on that relationship. A legal marriage is not necessary nor is it limited to heterosexual couples however the relationship must be exclusive, the couple must have cohabited together for twelve months and they must be able to convince INZ that this is case.

When accompanying a worker or student to New Zealand the same rules apply to meet the definition of a partner however not all will be eligible solely as companions. Families coming as visitors are treated as individuals for assessment of eligibility and as a group for application purposes.

People who are not able to join their family member, if their application is based on the principle work visa, if that visa was issued under one of the following categories of INZ Instructions:

• Working Holiday Scheme
• Recognised Seasonal Employer (RSE) Work Instructions
• Supplementary Seasonal Employer (SSE) Instructions
• Staff (Domestic) of Diplomatic, Consular or Official personal
• Silver Fern Job Search Instructions
• Skilled Migrant Category Job Search Instructions
• Foreign crew of fishing vessels
• Essential Skills Work Visas when the skill level is deemed lower skilled

The lower skilled applicants are those earning less than $20.65 per hour or less than $36.44 if their skill level is at level 4 or 5 on the Australia New Zealand Standard Category of Occupation (ANZSCO). In simple terms anyone paid under $20.66 per hour and all those without degrees or trade qualifications unless they are paid $36.44 or more per hour.

Nil Macfarlane

 

Burnside Rugby Football Club recently hosted the Mates Helping Mates seminar presented by Professor Annette Beautrais, a renowned Suicidologist.

In New Zealand suicide is a larger cause of death than road accidents and workplace deaths combined. I was surprised to hear approximately 60% of New Zealand suicide deaths are males, aged between 20-65, not teenagers as many people believe with the construction, agriculture and forestry industries overrepresented in these statistics. Research suggests 1 in 20 people can have suicidal thoughts in any given week.

If you or anyone you know needs help or someone to talk to please free call or text 1737 within New Zealand to speak to a qualified person who can assist. I encourage employers and other community organisations to contact Professor Annette Beautrais for further information on seminars and training at [email protected]

Jeremy Clapp