Net migration continues to rise and while the Labour lead coalition government promised immigration reforms these have yet to eventuate other than the reduction of work rights for students undertaking lower level courses and other minor alterations. Student work rights for those with higher courses of study on the other hand are now more flexible allowing post study work for any employer.

Consultation has taken place on work visa changes and signals to the industry indicate further restrictions on employers. While the need to reduce migrant exploitation and employ New Zealanders first is a must my concern is the reforms with the proposed settings could create unreasonable barriers for employers.  The very sector who create our wealth and keep the economy operating.

It is interesting that across the Tasman the Australian Federal Government is paying for TV advertisements in the UK, France and German to encourage backpackers to work in Australia reports Kelsey Wilkie of the Daily Mail Australia on the 21 April 2019.

Young people, often referred to as backpackers, from a number of countries have access to working holiday programs which provide an additional source of labour and talents particularly for seasonal industries and for remote locations.  They not only fill vacancies, they are cultural ambassadors and generally spend their earnings in the country. A number work in their professions while others undertake temporary work while exploring and generally enjoying a laid-back lifestyle.

Working Holiday Visas are not linked to a job offer rather they allow employment at will although a few have a limitation of three months for any one employer.  Each program is a little different from the other as these are decided on a Government to Government bases reflecting what young New Zealanders are able to do in the recipient country. Participants are mostly aged between 18 to 30 years of age and are able to stay for one year although a couple of programs have the extended age rangeto 35 years old and duration to 23 months.

The New Zealand Ministry of Social Development recently had to extend the seasonal labour shortage in Hawke’s Bay and declared a shortage in Bay of Plenty to supplement the working holiday people as local labour was not available in sufficient numbers.

I hear much about labour shortages with employers unable to recruit workers who are physically fit and able to do a full day.  Unemployment numbers are low and after subtracting those who aren’t up to physical work or who don’t live in the area results in a small labour pool.

I welcomed the special visa, Christchurch Response (2019), which was introduced and allow people present at either Christchurch mosques during the 15 March attack, on student and work visas and their family, to apply for residence.

Well measured Immigration Instructions are compassionate, easy to interpret and focus on the results which best service New Zealand.

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.

I have been uplifted by the solidity displayed by, and for, the people of Christchurch during March 2019 and heartened at the recent increase of Expressions of Interest, New Zealand Immigration (INZ) have received, by those seeking to make New Zealand their home.

Electronic Travel Authorities (ETA)

Security is very much at the forefront of our minds, the way of the world, and for those who travel internationally the next development waive are Electronic Travel Authorities (ETA). Advancements in technology enables border authorities to instigate a pre-screening process, of visa waiver travellers, at the time traveller plans their travel rather when they board the craft or arrive in the country.

The ETA is not a visa although it is electronically linked to your passport. ETA’s work alongside visa waiver arrangements to provide better scrutiny, reducing time spent in Customs queues and providing a mechanism for a tourist levy. Visa waiver arrangements, usually negotiated between Governments, allows for an easier flow of visitors so necessary for tourism, connecting families and enhancing business opportunities. People who want to undertake full study, work and settle along with those who have health or character issues still need to apply for a visa in the usual manner prior to travel.

Visitors to Canada, Australia and Europe 

The Canadians already operate an ETA to facilitate the entry for their visa waiver countries for stays of up to six months. Australia operates both an Tourist ETA and Business ETA and as the name suggests the former is those wanting to holiday and visit family and friends while the latter is for business discussions, conferences and negotiations.

In Europe the member states in the Schengen area which encompasses of 22 European Union states, 4 non-EU states of Iceland, Liechtenstein, Norway and Switzerland along with the 3 micro states of Monaco, San Marino and Vatican City State have the European Travel Information and Authorization System (ETIAS). The two EU countries not part of this European ETA system being the United Kingdom and Ireland, and given the delicate negotiations on Brexit at time of writing, the future flow of people into and out of the UK is among the many mysteries yet to be revealed.

New Zealand Visitor changes

New Zealand, as of the 1st October 2019, is making a ETA mandatory for our all visa waiver arrivals. Applications are able to be made from the beginning of July 2019 via an official mobile application or via a browser. At the same time, an International Visitor Conservation and Tourism Levy is being introduced at a cost of NZ$35 per visitor. The levy is being collected to invest in infrastructure and conservation projects within New Zealand due to New Zealand’s popularity. Higher numbers of tourists need more facilities and the environment needs protection. Exemptions for this levy include Australian citizens and for Pacific Island Forum countries due to our close relationships with these countries from the 1st October 2019 are as follows:

New Zealand visa waiver countries who must obtain an ETA for entry from the 1^st October 2019 are as follows:

• Andorra
• Argentina
• Austria
• Bahrain
• Belgium
• Brazil
• Brunei
• Bulgaria
• Canada
• Chile
• Croatia
• Cyprus
• Czech Republic
• Denmark
• Estonia (citizens only)
• Finland
• France
• Germany
• Greece
• Hungary
• Iceland
• Ireland
• Israel
• Italy
• Japan
• Korea (South)
• Kuwait
• Latvia (citizens only)
• Liechtenstein
• Macau (Macau Special Administrative Region passports only)
• Malaysia
• Malta
• Mauritius
• Mexico
• Monaco
• Netherlands
• Norway
• Oman
• Poland
• Portugal (with the right to live permanently in Portugal)
• Lithuania (Citizens only)
• Luxembourg
• Hong Kong (Residents with HKSAR or British National (Overseas) passports only)
• Qatar
• Romania
• San Marino
• Saudi Arabia
• Seychelles
• Singapore
• Slovak Republic
• Slovenia
• Spain
• Sweden
• Switzerland
• Taiwan (permanent residents only)
• United Arab Emirates
• United Kingdom (must have the right to reside permanently in the United Kingdom)
• United States of America (includes USA nationals)
• Uruguay

Actual travel maybe quicker these days however the formalities are getting more complex so if you need assistance for entry to New Zealand for yourself or employees remember we are here to help.

Kind regards,

Disclaimer: Mary 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.

Opening the post-study work privileges to eliminate the need for foreign students to work for a named employer in a specified region will allow students, keen to advance their careers, the ease to readily change employment.  For motivated students seeking to gain work experience in their area of study, this is excellent. Some will go on to gain residence in New Zealand and hold responsible jobs adding to the human capital and enriching the cultural diversity of New Zealand.  Others will seek their future offshore with positive memories and ready-made business and friendship tires.

For many foreign students, this won’t be the reality, as a number have been taken in by dishonest agents or unscrupulous employers while others simply accept untenable work conditions out of sheer necessity. Huge family expectations, even higher loans and the life-changing prize of residence are huge drivers and the elimination of employer-related long term work visas for foreign students further weakens the most vulnerable. The intention of the change is commendable however it gives away the opportunity a Government agency had to view the employment conditions of a number of guest workers further exposing these vulnerable workers.  Yes, Immigration New Zealand (INZ) is currently struggling to competently decided work visas in a timely manner but that is another matter.  Nevertheless, INZ is able with the expertise of their colleagues in the Labour Inspectorate support, in a very practical sense, employment legislation compliance.

Furthermore, I don’t support the theory that locking in a migrant worker to one company is enforcing bonded labour as it does not work that is performed involuntarily and under the menace of any penalty. Most employees in the New Zealand labour market have signed employment contracts which commit to a particular employer.  I appreciate the immediate comeback is that New Zealanders are able to exit that employment readily. They don’t have to give up their right to remain in New Zealand when they leave employment and that is an enormous disincentive for a migrant worker to terminate when their employment conditions are in violated.

The difficulty of terminating employment relates to the ease of being able to secure alternative employment and financial independence with some of our most vulnerable workers in the labour market being long term foreign students given their visa relies on the continuation of that employment.  Those who view time spent in an undesirable employment situation as part of the cost to obtain the bigger prize of living in New Zealand permanently are sadly also actively undermining the fair workplace practices that make New Zealand an attractive place to live.

The introduction of a bridging visa giving migrants time to secure alternative employment in exploitation situations would help to address the power balance and would be of greater assistance and hopefully uncover more readily unacceptable employment practices.

The education sector must take some responsibility in that many of these students have been encouraged to study courses in New Zealand that are incompatible with their educational background, previous qualifications, career aspirations or general suitability for the course or industry.  Decided, in the hope for the cheapest and quickest option to gain residence with little consideration to the practicalities of securing meaningful employment post qualification.

Post-secondary education for long term foreign students should focus on improving capability and capacity for paid employment or as preparation for the self-employed.  A match to employers needs and ultimately the labour market is necessary.  Non-alignment of vocational education and the labour market is not restricted to foreign students and is more complex today than ever given the speed of technology and the rapidly changing labour market.

The introduction of open work visas to students who complete qualifications in New Zealand has the additional consequence of increasing the labour pool for the horticulture and hospitality in particular.  It won’t greatly reduce migrant exploitation, it will, however, increase the number of temporary workers in New Zealand in lower skilled occupations with limited opportunity to ever gain residence. Holding out for a policy change or seeking a compliant New Zealand partner, all while competing with New Zealanders in certain sectors and regions, disrupts social cohesion.

Eliminating exploitation is inspirational however the tool of long term work visa without restriction to employer, occupation or location is not.  We can do better.

 

Mary Noonan

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