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
Temperatures are starting to cool as we advance into the autumn months in New Zealand, or fall as our friends in the US call the time between summer and winter, and the trees are now displaying a spectacularly colourful combination of gold,orange and yellows.
Current media reports on immigration highlight labour shortages in addition to skills shortages around New Zealand. However we also have had reports of race, gender and age being used by Immigration New Zealand as a tool to target the serving of deportation orders along with the much disturbing case of Mark Middleton. The long term British national who tragically lost a stepdaughter and who failed to complete the necessary documentation prior to an overseas holiday and was therefore deemed to be in New Zealand unlawful and issued with a deportation order. Sadly our own Windrush scandal.
Immigration New Zealand must manage prudently their resources and individuals are accountable for their actions however it is essential that good solid judgment skills are also used when applying immigration rules. The measure of a civilised society is how it treats the disempowered.
May 2018 sees the end of the South Island Contribution Work Visa applications and many hard working South Islanders, partners and children now hold work visas which will lead to residence in two years time. Relief for their employers as it stabilizes their businesses and delight from South Islanders struggling to maintain communities in less populated areas
Mary Noonan
Used by Immigration New Zealand to remove people from New Zealand who are required to hold a valid visas but don’t have one, in other words, overstayers: AND visitors, student, work and resident visa holders (residents generally within the first two years of being granted residence) who break the law for example working without specific permission, commit a crime in New Zealand or who have a previously undeclared criminal history. If you are unsure of your status phone me on 021 793 207.
Primarily I work in the facilitation of visas which I enjoy as it adds immediate value to New Zealand and the individual. I also enjoy sharing my knowledge and residing in Timaru are often called upon to speak at local meetings and seminars.
I am seen below here talking with Ashburton Mayor Donna Favel following a successful workshop arranged by Aoraki Multicultural Council and held at the RSA in Ashburton.
Nils Macfarlane
The first of April 2018 brings an increase of 75 cents to the New Zealand minimum hourly wage. For employees over 16 years old, the new rate is $16.50 per hour or $660 for a 40 hour week. This is a right regardless of the employee’s or employer’s immigration status.
I recently blogged to encourage migrant workers to join a union. The media continually alert us to cases of migrant exploitation. Multi government agencies are involved and they frequently discover that not only do many exploited migrants not have the correct visas; they often don’t have employment agreements, conditions are below legislative standards and no consideration has been given to health and safety let alone well being. Thankfully these employers are in the minority.
Migrant workers are not without power as New Zealand has extensive legislation dictating minimum standards for all workers and the way migrants can ensure they enjoy these conditions is to join a union.
Immigration Minister Iain Lees-Galloway is encouraging just this. I met the Minister in Timaru last month to discuss visa challenges facing regional employers. Minister Iain Lees-Galloway was keenly interested and his recent statement that South Canterbury “won’t be left behind” is encouraging along with his acknowledgment that exclusive Wellington based thinking is not serving regional New Zealand.
I look forward to visa developments addressing the regional skills shortages.
Mary Noonan
Time is running out to take advantage of the South Island Contribution Work Visa. This special visa is for South Island migrant workers that can lead to residence after two years. Applications must be lodged by the 22 May 2018.
You will need to be of good health and character, have ongoing employment and, your partner and children are also generally eligible for visas. You must have held an Essential Skills Work Visa/s (one that required a labour market check) between May 2012 and May 2017.
Plenty of document is required and slight variations to the criteria are allowed for in specific circumstances.
Nils Macfarlane
International travel always involves documentation and I welcome the Prime Minister Jacinda Ardern’s announcement to abolish departure cards for travellers leaving New Zealand.
The plan is to use statistical modelling to obtain data capturing the purpose of travel and if the departure is permanent.
This is another improvement to increase the ease of global travel, however this does not diminish the need to hold the correct visa or have access to visa waiver privileges. Visa waiver is a term used for nationals who can enter another country without obtaining a visa before travel. These visas are generally granted upon arrival to visitors on short stays.
Ensure your know what visas you required before travelling.
Jeremy Clapp
Heartland Immigration is a foundation member of the The Immigration Industry Association (IIA), the non-profit association which links immigration, expat, relocation and global mobility industry members. IIA is also a forum for the immigration community to come together to network, share ideas, information, research and experiences.
I was pleased to attend the first New Zealand based forum hosted by the BNZ in Auckland on the 21st of February to meet with other industry representatives and hear that our industry, the association and the New Zealand economy in good health. Speakers included INZ Steve McGill General Manager – Settlement, Protection and Attraction, BNZ’s Chief Economist Tony Alexander, Expatland founder John Marcarian and Geraldine Collett IIA General Manager.
Two months into the new year and the Heartland Immigration Team barely have had the time to lift our heads and that is just the way we like it. Providing advice to employers and visa applicants, particularly for labour related applications as that grows New Zealand. Assisting employers to fill vacancies and providing new comers with an opportunity to work in New Zealand and experience the kiwi way of life. A win win.
To those who will be celebrating Easter or Passover may the season bring you and yours joy.
Mary Noonan
Additions to the ISSL
Effective 19 February 2018 INZ has added twelve new occupations including seven new trades with roles as diverse as Accountants, Carpenters and Joiners and Midwives to the Immediate Skill Shortage List (ISSL).
For applications submitted under the ISSL, the employer can avoid the labour market test process. I have found this reduces a number of the hassles saving cost and time for the applicant and employer. An applicant must meet strict criteria to be eligible to apply for a work visa based upon the ISSL so it isn’t all smooth sailing.
Jeremy Clapp
My family and I are grateful for all the participants and supporters that made the ALL IN 24hr Basketball Tournament held in Timaru on the 24th and 25th of February such a success. On behalf of the Macfarlane Family thank you.
With all this help we raised funds and awareness for the South Canterbury Cancer Society & Relay for Life along with Hospice South Canterbury and I found it personally enriching giving back to my community. Not sure if I can look at another sausage for quite some time.
Nils Macfarlane
The 2018 business year is well underway and the Heartland Immigration team is fielding inquiries from businesses and individuals who are anxious given last year’s visa changes particularly as more are expected to take place this year.
We specialise in employment related visas, assisting large and small employers, along with individual visa applicants.
In 2018 you will see further emphasis on local market variables, employer’s backgrounds feature more and as usual the format of documentation is essential to any visa application. There are winners and losers in the changes to the occupation shortage lists as summarised by Jeremy Clapp in this Newsletter. Salary and wage rates remain critical and recently introduced new mandatory wage and salary rates are outlined here by Nils Macfarlane.
The current revamp of employment legislation by the Labour led Government makes it essential that employers carefully review their practices and employment agreement documentation. This must all be in place before seeking immigration approval as INZ Instructions are very specific in ensuring not only that employers are currently compliant with all employment legislation but have a history of doing so. INZ has the power to embargo the grant of visas for employers who are not compliant so don’t let technical or documentation discrepancies became a barrier to successful offshore recruitment.
Relaxing over the holiday season in my beloved Banks Peninsula I reflected on my trip late last year to Switzerland which reinforced to me the value of sourcing people with who have the right qualifications and experience to match the roles in demand in New Zealand. People who are good citizens who are change ready because relocating either to fill a temporary role or permanently requires flexibility and resilience.
The Swiss cities were delightful with fabulous Christmas decorations that magically glittered at night and the sheer grandeur of the countryside spectacular and yet despite all this I was able to favourable compare the diverse natural beauty of New Zealand and describe the lifestyle opportunities New Zealand offers.
2018 no doubt will bring about personal and professional challengers for all of us. Immigration changes in particular can be more complex and time consuming than first envisioned so lighten your load and seek professional immigration advice.
Mary Noonan
From this month the Immediate Skill Shortage List (ISSL) will be updated with additional occupations including many trades in the construction industry. The roles of Dental Technician, Dentist, Medical Laboratory Technician, Pharmacy Technician and Poultry Farmer have been removed.
The Essential Skills Work Visa process speeds up for occupations on the ISSL, subject to the applicant meeting specific qualification and work experience criteria. This is because INZ has predetermined the role is hard to fill in a particular region, in other words no labour market case is required.
No new occupations are to be added to the Long Term Skill Shortage List (LTSSL) however Anaesthetist, Forest Scientist, Pathologist, Petroleum Engineer and Renal Medicine Specialist have been removed.
The LTSSL is not region specific and not only signals that INZ considers the role to be in demand but more significantly allows for the grant of work visa which leads to residence. Again the candidate must meet the qualification and work experience criteria although the details are not available at this time.
Jeremy Clapp
Essential Skills Work Visa applications, considered by INZ to be mid-skilled, so those with trade and professional occupations must now be paid at least $20.65 per hour so for a forty hour week that is $826.
Those INZ consider to be at the higher skill level must be paid at least $36.44 per hour and for a forty hour week that is $1,457.60. Resident applicants wishing to claim extra bonus points in the Skilled Migrant Category (SMC) must be paid at least $48.58 per hour so $1943.20 for a forty hour week. The minimum SMC rate is now $24.29 per hour and for a forty hour rate $971.60.
Calculating pay rates for immigration purposes is complicated because in addition to the minimum rates for each category the rate is tested against the wage and salary rates for those already in that industry within the particular region with comparable levels of qualification and work experience.
