A work to residence option, where employment at a salary of $79,560 from an Immigration New Zealand (INZ) Accredited Employer leads to the grant of residence after two years, is being promoted to motivate employees in the construction industry to change employers.
On Hire Labour Accredited Employers
Work visa holders who are employees of On Hire Labour Accredited Employer are unable to take advantage of this work to residence option. The employer must be a Talent Accredited Employer. Not all INZ employer accreditations are equal, so migrant workers, be aware.
A good percentage of migrant workers, particularly from the The Philippines, work in the construction industry and are often employed by On Hire Labour Employers. What Covid-19 hasn’t done is dampen the need for qualified tradespeople as offshore replacements are practically non-existent, training initiatives take time and all while the demand for qualified construction remains high and critical to our economic recovery.
Poaching staff from one employer to another is rife, not limited to this community or industry, and while it may be a quick fix for an individual employer, it doesn’t solve the real issue for the industry as a whole. The call for relaxing the restrictions for essential workers to increase the qualified construction industry workforce, along with other industries, is growing louder, however in the meantime poaching occurs given the skills pool isn’t in pace with demand.
Of course migrant work visa holders are entitled to change employers subject to holding the correct visa, and for most, this means an application to INZ to change the conditions on their existing work visa. Inferring a benefit exists when it does not exist however is misleading and amounts to migrant exploration.
Empowering migrant work visa holders
However, migrants can empower themselves firstly by checking if the prospective employer is a Talent Accredited Employer via the INZ website.
Then reassuring themselves that the new job offer is not inferior to their current Individual Employment Agreement (IEA). This is where the unions, employment and immigration professionals play a valuable role, buyer beware.
We have seen examples of IEA’s without the guarantee of 30 hours per week because the job offer is made in New Zealand and not subject to the offshore recruitment scrutiny nor compliant with Philippine Overseas Employment Administration (POEA) standards. The latter was set up by The Philippine Government to safeguard the interest of their migrant workers and it’s disappointing such standards are not maintained for those folk while they are in NZ. Pandemic or no pandemic protection of the migrant workforce is a must.
Migrant work visa holders please be aware.
Disclaimer: Mary Noonan is Heartland Immigration Ltd Managing Director and her views, expressed in this article, are not intended to replace the professional service provided to individual migrants by a Licensed Immigration Adviser.
UK citizens traveling to Europe for their summer holidays, vaccination program permitting, need to prepare differently given post Brexit changes. This is because international travel is no longer fluid for British passport holders in the EU and necessitates different preparation.
Here are our top 9 tips for a Brexit ready Covid-19 prepared holiday
- The validity of your passport
Start with checking the expiry date on your passport. From day one of the journey you, and each member of your family, will need a passport less than 10 years old, but still valid for at least 6 months. Different rules apply when travelling into Ireland. For more on traveling in Ireland read here.
Now is a great time to begin the process for renewing passports as once travel restrictions reduce, passport issuing services around the world are likely to be very busy. You won’t want to pay for priority processing. - Medical Care
Establish if you are eligible for medical care in the countries to be visited and transited through as you may need travel insurance. Even minor complaints and simple treatments can be very costly abroad.
European Health Insurance Card (EHIC) or Global Health Insurance Card (GHIC) are valid if you’re travelling to an EU country. Travel to Switzerland, Norway, Iceland or Liechtenstein requires insurance cover, however some emergency treatment may also be covered while in Norway.
Anyone can have an illness or accident at any time, and you won’t be at home, so take care to consider your circumstances. More advice on buying travel insurance with the right cover. - Pet travel
If your fur babies are travelling with you they will also need the right documentation and vaccinations. Get them holiday ready by researching. More advice for taking your pet dog, cat or ferret abroad. - Carrying food, plants and plant products in the EU
Consider what you pack. You are unable to take meat, milk or products containing them into the EU, although there are some exceptions for infant and pet food and people with special medical needs. Visit rules about taking plants and plant products into the EU if you are thinking of packing any plants or plant products. - Border control
Remember when you travel to the EU you are entering another country, so be prepared to show you have the means to leave again and you have enough money for your stay. Travelling for other than a holiday may involve applying for a visa and meeting that country’s immigration rules. Each country has unique immigration, border and custom rules. - Local laws and customs
Each country you arrive in, transit through have separate law and local customs to be respectful of and a little study about the places you intend to visit may pay dividends. It is a great way to extend your enjoyment of your holiday build up, expectations and plans. - Covid-19
Meet all Covid-19 safety protocols and read the advice for travelling during the pandemic. - Stay Current
Covid-19 has taught us that our plans can change at a moment’s notice. Ensure you stay connected so you are aware of the most current travel restrictions, weather events, vaccination and health requirements. Have a plan B. - Keep safe while on holiday
Finally, remember you are not at home, behave as a guest and don’t forget to enjoy the journey.
Disclaimer: Mary Noonan is Heartland Immigration Ltd Managing Director and her views, expressed in this article, are not intended to replace the professional service provided to individual migrants by a Licensed or Registered Immigration Adviser or Migration Agent.
Residence is a step closer for migrant workers employed in the dairy industry. It is pleasing Immigration New Zealand (INZ) has announced it will assess Dairy Cattle Farmer occupations in line with the The Australia and New Zealand Standard Classification of Occupations (ANZSCO) six digit code of 121313 in the 1.3 version. This brings much needed clarity for those involved in the dairy industry and while it isn’t a not a fast track to residence, it is a gate in a long fence run.
I can personally attest, this has taken decades to achieve as I have discussed this situation, on numerous occasions, in previous roles and admire Federated Farmers and other industry organisations for their dedication to the cause and this achievement. Well done.
ANZSCO is a system that collects, publishes and analyses occupation information alongside the qualifications and experience required for each occupation. Updated versions are released periodically and currently, other than a selected inclusion list, INZ currently uses the 1.2 version of ANZSCO.
While INZ places less emphasis on ANZSCO for work visa determination, given wage rates dominates, it still remains significant for matching job titles against job descriptions and actual duties performed, reviewing market wage rates and for residence.
New skilled occupations in the dairy industry
The win for the dairy industry is that assistant dairy farm manager and dairy herd manager roles join dairy farm manager as “skilled” occupations for residence assessment purposes. The Skilled Migrant Category (SMC) of the Residence Program is a points based system of allocating points with applicants needing to apply for an Expression of Interest, to be placed in a pool, and then to be selected and issued with an Invitation to Apply for Residence.
A job offer is not mandatory for SMC; however it is generally the pathway to gain residence, so including more dairy folk whose roles are considered to be eligible is a bonus for the dairy industry. Other criteria must be met such as evidence of a high standard of English language which may well be a major challenge for a number of migrants.
An Expression of Interest
Currently, INZ is not issuing any Invitations to Apply, however the opportunity to apply for An Expression of Interest to be placed in the pool remains open. Now is a good time to establish if you or your worker has a pathway to residence and we can help you plan that pathway.
Contact Heartland Immigration and let us be on visa while you are on farm.
Disclaimer: Mary Noonan is Heartland Immigration Ltd Managing Director and her views, expressed in this article, are not intended to replace the professional service provided to individual migrants by a Licensed or Registered Immigration Adviser or Migration Agent.
Understanding the Common Travel Area ( CTA ) for British and Irish citizens post Brexit.
While the UK left the EU on 31 January 2020 a transition period existed, in which nothing changed, and that ended 31 December 2020. Post Brexit travel rules began on 1st January 2021.
Brexit, a word formed from the combination between “Britain” and “exit”, is used to describe the United Kingdom’s departure from the European Union. A simple name for complexities covering a multitude of regulations, legislations and relationships the UK must now redraft and renegotiate.
Given Heartland Immigration’s global reach and the ramifications of the UK leaving the EU we intend featuring items of travel interest beginning with the Common Travel Area (CTA).
An administrative arrangement between the UK, Ireland and the Crown Dependencies (Isle of Man, Guernsey and Jersey). The latter being self-governing dependencies of the Crown who have their own legislative assemblies, administrative, financial and legal systems and their own courts of law.
CTA has been a long standing arrangement pre-dating both the British and Irish membership of the EU provides free movement for British and Irish citizens between the UK, Ireland and the islands. This arrangement remains allowing Irish and British citizens to continue to enjoy the special rights and privileges as pre Brexit.
Non citizens of Britain or Ireland or those subject to a deportation order, exclusion decision or international travel ban would need to seek advice before travelling. And with any current travel this is all also subject to Covid-19 controls implemented by the local health authorities for the control of Covid-19.
Disclaimer: Mary Noonan is Heartland Immigration Ltd Managing Director and her views, expressed in this article, are not intended to replace the professional service provided to individual migrants by a Licensed Immigration Adviser.
Years’ end
2020 will be remembered as a disrupter. Employers and employees have had to rapidly adjust, our community activities have altered and there has been great uncertainty for visa holders, employers, educationists and international travellers.
An overview
Our national borders remain restricted to nationals, residents and a few selected categories. Plane travel is less frequent and more expensive; visas are difficult to obtain and all travellers must either be exempt from the requirement to obtain approval to travel into New Zealand (NZ) or are able to gain that approval; a managed isolation voucher to match travel arrangements is then required and finally 14 days in isolation at a city hotel.
On the whole, this has protected New Zealand, for which I am most grateful, while acknowledging the individuals and businesses have done it tough because of the restrictions. Sincere thanks to the numerous essential workers who have kept us fed, providing necessary community care and ensuring our infrastructure continued to operate during all alert levels. Grateful praise, to the global scientific community, is also due for the rapid development of vaccination options.
Immigration New Zealand (INZ) has issued a number of automatic visa renewals for those temporary residents in NZ and some limited flexibility around other policy settings has taken place in the eleventh hour. INZ has been clearly affected by the beginning of the pandemic with backloads in some application types. There has been a reduction of capacity with offshore offices unable to open for months; onshore limitation with working from home during alert level four; a dramatically changing labour market and all in an election year.
What’s remains on hold or restricted:
Temporary visa applications when the applicant is offshore, unless the person is able to gain approval to travel.
Selections for the ballot registrations for the Samoan Quota (SQ) and Pacific Access Category (PAC)
Expressions of Interest for Skilled Migrant Category (SMC) & Parent Category are deferred.
What is currently able to be done:
Renewals and changes to existing onshore visa holders subject to INZ Instructions.
Visas to allow the entry of partners, children and critical workers once approval to travel is approved along with the appropriate visa.
It is a complicated business so pathway planning is required and again Heartland Immigration is here to help.
The labour market test
Border restrictions, returning New Zealanders, increased training options and INZ initiatives to remodel the work visa process have all affected the labour market test this year. The remodelling began before the pandemic creating a further dimension to a dynamic situation when timely and clear communication from INZ hasn’t always been forthcoming.
Given New Zealand employers have relied on recruiting offshore for labour and skill shortages the travel restrictions are biting. It is true a number of New Zealanders have been made redundant and returnees are now available in the labour force, however gaps remain. Not every displaced tourist industry member is willing and able to milk cows nor a previously London based HR manager able to readily manage an infrastructure project.
Training and relocating options are encouraging, rethinking traditional methods of work a necessity and the focus on New Zealanders first for employment must alway be maintained. We are however a young country with a relatively small and aging population.
Recruitment offshore is a necessity and Heartland Immigration specialises in visas and employer approvals.
@ $25.50 per hour
The most prominent and permanent change for the majority of employer assisted work visa applications is a wage determiner aligned to the medium wage and currently set at $25.50. Currently limiting visas to six months and a total stay of three years before a 12 month stand down period outside of NZ is undertaken. It doesn’t allow the worker to sponsor partners for work visas or children for student visas.
Those employer assisted work visa applicants earning over the medium wage rate have no maximum total time limit, visas can be up to three years at one time and the worker can sponsor a work visa for their partner and student visas for children. Evidence of the need for migrant recruitment is also less cumbersome.
Skills match reports
This remains for those paid under the medium wage rate unless it is a role that has been included in the Ministry of Social Development (MSD) Undersupplied List. More significantly an Oversupplied List has also been introduced listing roles which are considered not to need migrant recruitment and signaling that MSD will not issue Skilled Match Reports.
Regional & sector consultation
There have been 15 independent Regional Skills Leadership Groups (RSLG) along with sector consultation introduced in a bid to match the determination of migrant recruitment with regional and industry needs.
Employer accreditation
Employer accreditation is being implemented so all employers of employer assisted migrant staff will need to hold an INZ accreditation. A two tier system for those employing over and under 5 staff members and special rules for labour hire companies. Regrettable specific INZ instructions are yet to be released however evidence of good employer practices will form large in the process. Now is not a moment too soon to review your situation given lead in times from INZ may not be business focused. We are experienced in accreditation applications and would be pleased to assist you to become prepared.
Holiday office hours
Our office closes on Wednesday, 23 December 2020 and reopens on Thursday, 14 January 2021. We will monitor incoming communications from INZ. For urgent assistance during the holiday period please send a text message and we will get back to you.
Seasonal wishes
Thank you for your customer this year. Now vaccination is on its way, and the economy is moving, it has never been more important to obtain the services of a licensed immigration adviser with your best interest at heart.
We look forward to working with you in 2021, a year which signals to be better and brighter.
Best wishes for a safe and Happy Christmas.
Disclaimer: Mary Noonan is Heartland Immigration Ltd Managing Director and her views, expressed in this article, are not intended to replace the professional service provided to individual migrants by a Licensed Immigration Adviser.
The medium wage rate now determines if an employer assisted work visa is granted for longer than six months; the maximum time the visa holder can remain in New Zealand; and if their partner is able to gain a work visa based on that relationship.
Currently, at $25.50 per hour the medium wage rate is the midpoint of what all New Zealanders earn across all industries as determined by Stats NZ. Simple, yet detached from regional, industry and even the long lingering gender differences, it is not fit for purpose particularly for regional New Zealand, in our view this is simply set too high. While development of the talent pool within New Zealand during this transitional period is proactive, many roles are not attractive or suitable to a number of job seekers.
The dairy industry has a recognized skilled shortage as farmers are unable to recruit sufficient skilled dairy workers. Currently, migrants starting as assistant dairy farm workers earn $50,000 to $60,000, however this rule change will increase that salary range from $65,000 to $70,000. This is an increase of 20% to an industry the country is reliant on for export dollars.
The other industry which springs to mind with a huge migrant workforce, recognized shortage of skilled staff, and providing a critical service are the health care assistants. They commence with an hourly rate in the early twenties and after only 12 years’ experience, or a Level 4 qualification, are then paid the medium wage rate of $25.50. The health dollar will need to stretch as, like that of the dairy farm worker, these folks will need wage increases and that spreads to everyone within their respective industries due to pay disparity. New Zealand is a young country with a small labour force and citizens with expectations, backed by a welfare system.
The wage rate is not the only determiner for a work visa as this stands alongside the employer having to provide evidence of their individual attempts to recruit locally as well as training and developing plans for their workforce. Yet another barrier for New Zealand employers and a blunt tool at that. Never has it been more important to have the services of an experienced professional at hand. Visit us at Heartland Immigration.
Disclaimer: Mary Noonan is Heartland Immigration Ltd Managing Director and her views, expressed in this article, are not intended to replace the professional service provided to individual migrants by a Licensed Immigration Advisers.
