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.
New Zealand’s hard earned zero covid-19 status does not come without restrictions. To remain covid-free, New Zealand is maintaining control at the borders, rapid contact tracing of any positive cases and intensive testing. We have the advantage of being an island nation and can restrict the travel of those needing visas to enter New Zealand. Our borders have always remained open to Kiwis, along with New Zealand based residents and Australians.
Border lockouts
For the remainder of travellers, New Zealand borders remain closed unless the traveller is able to gain special approval to enter New Zealand. Approval had been granted for critical humanitarian reasons, Pacific travellers and key workers. That list has now been extended to include diplomats, maritime travellers, family members of New Zealand citizens, New Zealand based residents, Australians and work or student visa holders when travelling separately.
The announcement has also expanded the criteria for key workers beyond health workers, and from what was described as workers who are specifically agreed to be essential workers by the New Zealand Government. The light shone on the latter is most appreciated given this is where the rubber has been hitting the road, after such cases as the highly debated decision to approve the Avatar film crew. Any New Zealand employers who are crying out for critical staff are further frustrated by valuable quarantine spots going to the film industry. While the financial cost of the lockdown is huge, with businesses waiting to become fully operational again, something they can’t do without is key workers they cannot find on New Zealand shores.
If money talks, then big money (particularly for government underwritten projects, as in the case of Avatar film crew) must sing. My concern is for the small to medium size employers who need to recruit from skilled workers offshore or retain existing migrant staff. Individually the business may not be huge, but their combined value to the economy is. When family members of temporary residents are permitted to travel, one must question if this is the best use of those valuable travelling places, when many businesses are fighting for economic survival. Humane it maybe, but as with the lockdown, hard decisions for the greater good must be made.
Immigration New Zealand (INZ) which is part of the Ministry of Business, Innovation and Employment has set up a separate process for the approval to travel, however the decisions around ‘other essential workers’ is made by the Minister for Economic Development and the relevant portfolio Minister. Now the newly created and published criteria have been announced, it has provided much needed clarity on those who will be allowed to travel.
Once the approval to travel has been gained, the visa is then considered against a very different labour market than pre-covid-19.
Labour market
INZ is very sensitive to the Labour Government’s concern of rising unemployment levels, so convincing INZ there are no New Zealanders available, or those who could not easily be trained, is again not for the fainthearted.
The evident requirements for the employer has at least doubled, before an employment-related visa is granted -whether their migrant staff member is offshore temporarily, yet to arrive, or already here and needing to remain longer.
Given the intricacies of the local labour market and pressure on the economy, my further concern is the capabilities to make these judgements are beyond those tasked with these complex and critical decisions.
Other essential workers
The new rules describing other essential workers apply, in the main, to roles which can’t be filled locally and when the prospective worker is high value, paid accordingly and working on projects of national or regional significance. The threshold is high and workers will require a 14-day lockdown, in an approved facility, paid by the employer, medical testing and after enduring an expensive and possibly difficult trip. Again, none of this is for the fainthearted.
The visa is null and void
In the present climate, you must question the status of a visa issued by INZ. Firstly, a visa is an invitation to enter a country. It’s a privilege, not a right and can be withdrawn at any point. This is effectively what has happened with the new border rules; visas allowing travel into New Zealand are in effect void with the exceptions of the groups outlined above.
The second part of a visa is the conditions which may be limited to activities such as job role, course of study, employer, educational institute and region. A visa may also grant the holder the ability to work or live in New Zealand at will. Covid-19 regulations have provided limited time-bound relaxation of certain conditions for work and student visa holders in aged care and supermarkets. In the third week of June, these considerations, on the whole, will come to an end and most temporary visa holders in New Zealand will remain restricted to the exact wording of their visa.
Pressure has been placed on the hospitality, service and tourism industries, to dismiss conditions limiting migrant workers to roles, location and employers. However, now more than ever, this is essential to ensure that ‘New Zealanders first’ for roles is maintained. It is so regrettable that migrant workers in those industries have lost their jobs, however it is the reality and for many, travel home is the best solution for New Zealand.
Be very aware that while enforcement action may not actively be taken, individuals and employers are likely to answer in the future to any non-compliant visa breaches even in the heat of this epidemic.
Heartland Immigration
Heartland Immigration @ Alert Level 4, 3, 2 & now 1 remains fully operational. It is not, and will never be, business as we know it for those who hold temporary visas, employ migrant workers and those who would like to work, study and visit New Zealand. In short, the landscape has changed.
Our covid-19 reality will make international travel more complex for some time to come with visas harder to get. Never has it been more important to have the services of an experienced professional at hand.
Kind regards,
Mary Noonan.
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.
As we move towards Level 3 – here is a summary of what this means for visas, migrant workers and immigration.
Heartland Immigration @ Level 3
We remain fully operational in our homes and committed to providing you with the right advice first time every time.
Employers
- Your work visa employees should all have a visa which is valid until at least the 25 September 2020.
- Limited relaxation of visa conditions and the ability to vary a small number of visas exist.
Migrant Workers
- Ensure you and each member of your family has visas valid until at least the 25 September 2020.
- Understand the conditions attached to your visas.
- Be patient with INZ
Immigration New Zealand (INZ)
For now, INZ has limited capacity with people working from their Wellington head office, and they have some still working remotely from home. They have prioritised their activities to focus on Covid-19 related activities – such as the exceptions to the border closure and subsequent visas, Covid-19 Variation of Conditions. They are also doing applications for those already in New Zealand such as Victims of Family Violence, partnership category temporary visas, full fee-paying student visas and post-study work visas.
The Border
Remains closed except for:
- New Zealanders, Australians & Residents
- Close family of New Zealanders, Australians & Residents
- Critical and essential travellers with special permission
Keep safe. Bí curamach.
A new visa option for essential business employers to redeploy existing migrant staff, has been announced by Immigration New Zealand (INZ).
Employers in essential businesses can now request a ‘variation of condition’ of existing visas for employees who are migrant staff.
These variations include an option to apply for:
• work for the same employer in any occupation
• work for a different employer in the same region
• allow student visa holders full time hours with their existing employer.
While the variation of condition changes the conditions of an existing visa – the length and type of visa remains the same.This is a temporary measure and will allow for changes which will remain in place for six weeks after New Zealand’s move to Level 2 of the COVID-19 alert system.
To qualify – the employer must be providing an essential service as defined by the Covid-19 criteria and the migrant worker must agree to this redeployment or change in hours.
The new temporary employment changes also must meet minimum New Zealand employment standards.
The change is designed to provide essential business employers more flexibility, however this is likely to be of assistance to only a small percentage of employers.
Recruitment of staff with the right skills is always critical, and more challenging in this Covid-19 environment, despite the number of New Zealanders who have or will lose jobs in the coming weeks.
Economic recovery will require skilled migrant workers, when all other avenues to fill vacancies are exhausted, likewise a bureaucracy which is up to the challenge of determining what is in the best interest of New Zealand is needed. Bold forward thinking on immigration matters is interpretative.
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 Licensed Immigration Advisers.
