Immigration New Zealand does not operate on strict precedent

Firstly INZ is not a court of law, but instead a discretionary decision making government department, so previous decisions and actions by INZ do not create precedent. Each application should be decided on its own merits and INZ has the discretion to be able to do this. A discretion-based system aims to provide fair and efficient decision making for each individual application, but whether this is actually the case is also debateable.

For each application, this means that all the individual factors of the application will be assessed against the legal framework for making the decision. Even one small difference may result in a different approach, different questions being asked, different time frame, and so on. The difference also includes the mindset of the assessing officer.

Factors which will affect the result and assessment time frame of your application:

• Your individual circumstances – work history, country of origin / citizenship, education, relationship, previous immigration applications, employer’s situation, etc
• The relative workload at INZ
• The mood of the case officer – either their intuition about your application or even if they are in a good or bad mood today
• The skill and experience of your case officer – it is reasonably common for immigration officers to make mistakes and it is a big part of our job as LIAs to fix these
• How well your application has been prepared and presented – the strength of supporting documentation is most important

It is therefore meaningless to expect an outcome based on another person’s experience. Even if the other person is from the same country as yourself applying for the same position in the same company, there is a low chance that the processing will proceed the same way. We have had situations where we have had multiple applicants in the same occupation, same company, same country of origin, same paperwork, very similar qualifications and experience, with very different processing experiences. Timeframes varied from 3 weeks to 3 ½ months, some had their paperwork  questioned, some not at all, and others questioned in different places. This is all part of what we expect when dealing with INZ.

While a professionally prepared and managed application gives you a better chance of having your visa granted and granted quickly, there are still many factors in the list above that are outside of our control. It does surprise some people that we also aim to anticipate and manipulate the mood of the case officer though. The management of a visa application is often the biggest factor in how the processing proceeds.

Why are people still representing themselves for visa applications?

Recently the news is showing a lot of articles about people who are having a hard time getting a visa and being generally treated unfairly by INZ. So why is this really surprising? With the AEWV especially there is some image that the employer is in control and can deal directly with INZ for the visa, but this is far from the truth. Whether you are an employer or a migrant worker, the success of the application will depend on how INZ assesses it. If the application is not done properly, it is generally more likely that you will have a hard time getting a visa and that you will be treated unfairly by INZ.

The common denominator in these articles is that the majority of these people have bumbled through their application themselves, or perhaps with their employer and have had no professional input at all. This by itself should tell you something about the system we are dealing with. After all nobody complains about the courts system that even though they represented themselves in a criminal trial they were still found guilty and still went to jail.

INZ manages immigration into New Zealand, this is their job and they have various legal mandates on how they are to do this. Sure, they don't always get it right, and sometimes make amazingly incorrect decisions, but their main role is to stop people from entering or staying longer in NZ unless it is in the country's interests for them to do so. This is the point that many people miss, INZ is there to stop and restrict people visiting, working, studying, becoming residents, etc. Their goal is not to facilitate such activities unless there is a good reason and that reason is clearly proved.

The problem is that there is this large disconnect between how INZ manages visa applications and how our immigration system is advertised. From the outside it appears that INZ welcomes everyone to NZ and wants to help all applicants to make a successful application. In reality the amount of push-back and resistance encountered by immigration officers show that the actual policy is not that welcoming. 

During the Covid pandemic this discrepancy was even further heightened with the Minister granting visa extensions quite often. These extensions were less an act of kindness than an admission that INZ was not functional at the time, and sometimes a way to put migrants on the unfavourable side of policy changes.

There is no free ride, everything is done for a reason. In general what we really wish people would understand before making a mess of their application themselves and then go complaining to the media, is that INZ assess applications always strictly, sometimes unfairly, sometimes incorrectly, and in the end if you choose to self-represent then it is ultimately your responsibility. There is a good reason why licensed immigration advisers and lawyers are the few people authorised to do this work.

How do I move to New Zealand?

We often get asked this question, and it is a simple question with hundreds of possible answers. There are many factors which will make it possible, impossible, harder, easier and generally dictate which pathway is the most appropriate for each person. There is no one solution for everyone because everyone has different abilities, finances, skills and personal situations. Even factors like country of citizenship can be significant.

The most important point to understand is that even though the government would like many people to visit or come to work or live in NZ, they still want to restrict who can come here, so it is not actually an open invitation to everyone.

If you want to come to work:

The fundamental factor that many people miss is you need to have a job offer before you can apply for a visa. getting a job is best done yourself as it shows you are proactive and self-driven, which are qualities NZ employers desire.

The 2 absolute conditions for work that you need to meet are:

• Skilled work is necessary for a long term stay. This is work that you generally need a qualification or at least 3 years' work experience to do, and
• the job matches your qualifications and / or work experience

However, these are only the basic conditions for immigration, the conditions for actually being able to be hired may be different. In general there are jobs that are more suitable for immigration purposes and those that are generally less suitable. Less suitable doesn't mean that it would be impossible to succeed, it just means that it is less likely to succeed.

To improve your chances of success (in addition to the 2 conditions above), the following very general points are important to consider:

• You need to have good English - specifically communication skills
• trade jobs, or jobs with tangible results have a better chance of success at actually being hired - carpenter, mechanic, bricklayer, hairdresser, etc, but recently occupational registration for these occupations is also important
• Highly skilled jobs are only useful if you can get NZ registration - Doctor, lawyer, nurse, teacher, etc
• office type jobs and management level jobs generally go to New Zealanders  

If you have a Kiwi partner

if you are in a genuine relationship with a NZ citizen or resident, then there are options to apply for a series of visa which will allow you to come to NZ and eventually gain residence. The important point of this pathway is to conclusively prove that your relationship is genuine. There is no right to this visa, proof is paramount and very carefully examined. Many people are declined through lack of solid proof, so this needs to be taken seriously.

If you want to study

If you can enrol in a suitable course of study, you may be able to apply for a student visa. This needs to be an NZQA accredited course, and most courses of study are, but it is also important that you can afford the study fees, and that the course of study is relevant to your life experiences and life plans. After study you may be able to apply for a job or further visas, if this is your intention then the whole process must be carefully managed as many people waste their opportunity for residence through poor use of working rights and so on.

If you want to invest

If you have a lot of money to invest, categories are available for investments of over $3,000,000 or $10,000,000 NZD with various restrictions, then this may be the best category for you

if you want to set up your own business

The EWV category is available for experienced business people with a unique business plan, lots of experience and enough funds to set this up. it is a difficult category that does not have a high pass rate overall. To succeed in this category your business must be based on solid management and entrepreneurial experience, and the business must employ NZ residents and be profitable and sustainable.

Just to visit, or if none of the above apply?

If you just want to visit, then you will still need a specific plan and genuine purpose of the visit, but this could then be leveraged into other pathways if the opportunity arises. Your country of citizenship or adverse immigration history can make any pathway much more difficult or even impossible in some cases. If you don't suit any of the options above then it may not be possible for you to come to NZ, or at least it will be very difficult.

Check out our YouTube video at https://www.youtube.com/watch?v=Z6-OdoDVjYA 

How the changing immigration situation makes old information more unreliable

During the Covid pandemic, there were changes to the immigration policy almost every week. Now that this has settled down there are still regular changes though. NZ's immigration law is designed to be able to be changed quickly to take advantage of worldwide factors such as labour shortages, or to close loopholes before they become a problem, and so on.

My friend said that...

It is always surprising that so many people rely on what their friends say about their experiences with immigration, and even when things don't change much, this is a very unreliable strategy for personal success as everyone's experiences will be different. Even statements from licensed professionals that were 100% correct at the time, become incorrect with the passing of new immigration policy and instructions. During Covid we have seen cases where correct advice given has had to be changed the next day because of changes at INZ. Advisers have reported many cases of having to abandon or totally change applications half way through the process as immigration policy has changed. It is not as bad now, but still advice from 2 or 3 months ago is more likely to be unreliable due to many factors within INZ.

This is just the nature of what we need to deal with for visa applicatiosn in NZ and it just means that we all need to be flexible and continually manage applications to keep up with the changes.

Things to be careful of

In any matter concernng immigration to NZ you should always keep in mind these important points:

1. What you have done before may not apply now
2. What was possible for your friend may not be possible for you, even if you think your situations are the same
3. Advice given at any time in the past may not be applicable right now

How do professionals handle this situation?

We also do not like the unpredictability and changeable nature of NZ immigration and can get as frustrated as anyone else, but the biggest difference between a professional and lay person is that when things change, we can react correctly and quickly. We identify the change as soon as it is relevant and we can then re-align the application to the new rules, or to an alternate pathway. 

When a lay person is relying on advice given by a professional some time in the past, there is always a risk that advice may have become out of date (even if it was only last week), but when a professional is looking after the entire process, we can update things appropriately as we go along. When things change, we change with it and in this way the proces is managed.

When a person gets information by calling an adviser or getting a consultation, they are getting advice that is correct at the time of the consultation. If 2 weeks later that client starts their application themself, no one can guarantee that the advice given then is 100% correct at the time they submit their application. This is just one of the big risks in a self prepared application. However, when we are looking after the case, when things change, our approach to dealing with it changes accordingly so this part of the risk is mitigated.

The change is inevitible, but you can choose how it is managed.

During Covid a variety of border restrictions existed.

The border was closed or tightly controlled to restrict the flow of people into NZ to control the spread of Covid 19. We would assume that similar strategies will be in place for future pandemics also and that how the Government managed border settings during Covid would be indicative of how they may manage them in the future.

During 2020 we saw such measures as:

• New border exception category for normally-resident temporary work visa holders
• Extension of travel conditions for offshore resident visa holders
• Changes to border exception criteria for Australian and visa waiver partners of New Zealand citizens and residents

For work visa holders

If you hold a valid work visa and were offshore when the border was closed due to covid-19 restrictions then you may be able to apply for an exemption to come back to NZ and continue working. The criteria that you must meet are:

• (for most people) You must have been living in NZ for at least 2 years
• You must be returning to the same job that you held before you left
• You must have left NZ on or after 01/12/2019
• Your visa must be either a Work to Residence visa or a mid-skilled or higher Essential Skills Work visa

For offshore resident visa holders

If you are a NZ resident but your travel conditions have expired while you have been outside of NZ then and extension of 12 months will be granted. Usually once your travel conditions expire you cannot travel back into NZ but if your travel conditions expired on or after 02/02/2020 then you will be issued with a new visa valid for 12 months

INZ will advise relevant visa holders by email by the end of September, using the most recent email address that they have on file, and you8 will still need to apply for an entry exemption.

For Australian and visa waiver partners of New Zealand citizens and residents

For partners of New Zealanders from Australia and from visa countries, will be generally more eligible for a border exemption. You will still need to apply for the exemption and the granting of this is not automatic, but supposedly there would be a higher chance of success than now. It still forms a kind of partnership visa so evidnece of partnership will be required.

• Australian partners must apply for a border exemption. if granted the partner will be given a visa to travel to NZ and be granted a resident visa on arrival.
• Partners from visa waiver countries must also apply for a border entry exemption and if granted will be given an invitation to apply for a visa to travel to NZ, and will then be able to apply for a further partnership based visa upon arrival.

The changes make it easier for these groups of people to travel to NZ, but it still depends upon being granted an exemption so it does not mean that the borders are open yet. It is a good start and will enable many people to get back to normal, so it is a very positive development.