Immigration Minister Hon. Michael Woodhouse announced further changes to the Residence and Work instructions this week.

The thing to keep in mind at this stage is that they are still proposed instructions, but it is highly likely that they will go through as they have been announced. There are good things in the announcement and not so good things. Overall if you are skilled migrant with a well paying job, then it is good, If you have a good job title but are on minimum wage, then not so good.

Salary bands

salary bands are being introduced to define skilled employment. The rationale is that even if your boss calls you a manager, someone being paid only $17 an hour doesn't seem valued enough to really fit the definition of "Manager". If you really were a skilled worker, then logically you would be in demand and would leave such a low paying job for a more appreciative boss. In reality there are many migrant workers with job titles that have been created to get a visa, and INZ know this well. Think of the salary bands as a way of INZ saying that they know what kind of tricks people are trying and this is how they are dealing with it.

The proposed salary bands are $48,856 for skilled work and $73,299 for unskilled but well paying work (which will now be acceptable to claim points for). These actual figures may change to reflect actual median salaries from time to time.

Essential skills work visa changes

Essential skills visas are the usual type of work visa most people get. The changes are going to be to also use salary bands as an additional definition of skilled work and restrict the total length the visa can be used for. There will be a 3 year limit for lower skill level workers with then a stand down period before you can apply again. So if you are in a lower skill level job, Level 4 or 5 most likely, then you can only work in NZ for 3 years and you will have to wait some time before you can apply for another essential skills work visa. 

There will also be changes around who can bring dependent children and partners, with it likely going to be that lower skilled job holders won't be able to bring children or partners, or that there will be some restriction around it.

South Island Contribution Visa

There will be a new residence visa open for just 12 months for skilled workers based in the South island. There are some conditions but this will be seen as an easy pathway to residence for some people, especially those on lower skill levels. A summary of the requirements is given below.

Pathway to residence for skilled migrants in the South Island who stay in the region

• 1600 places available
• Start from 22 May 2017, applications open for 12 months

The criteria to be able to apply

• Must be currently on an essential skills work visa, full time, with a good employer
• Have been employed on an essential skills work visa, in the South island for at least 5 years by may 22 2017
• Be aged 55 years or younger
• Meet health and character requirements

Other information

• Partners and dependent children can be included
• Initial visa will be a 2 year work to residence temporary visa
• Subsequent visa will be a resident visa with a condition for staying a further 2 years in the south island

Skilled Migrant Category (SMC) changes

The changes in the SMC will also be aligned to benefit well-paid or highly skilled workers in their 30's. Some of the points changes will benefit workers who have good work experience and are well paid. Some bonus points will no longer be able to be claimed. Overall it seems that there is not  a lot of difference but while some people will be disadvantaged, other people will be advantaged.

Here is a summary of the changes 

The changes will benefit applicants with more skilled work experience, higher skill levels who are in the 30-39 age group with higher salary levels.

• Applicants at skill levels 1,2,3 will only be able to claim points for skilled employment if their income is over the threshold
• Income threshold is an additional method of proving skill level. Assumedly the ANZSCO definitions will continue to be used as well
• Applicants with jobs at skill levels 4 or 5 may be assessed as skilled if they are being paid more than $73,299
• Bonus points for jobs paying more than $97,718

Work experience

• Generally more points will be able to be claimed for work experience
• Points only awarded for skill levels 1,2,3
• Points awarded for NEW ZEALAND work experience of 12 months or more, but no extra points for longer term work experience

Qualifications, Age, Partner

• Points for level 9 or 10 post-graduate qualifications will increase
• Points for applicants aged between 30~39 will increase
• Partner’s points only awarded for bachelor’s degree or higher

Points will no longer exist for:

• qualifications in an area of absolute skills shortage
• skilled employment, work experience and qualifications in Identified Future Growth Areas
• close family support in New Zealand

How does INZ deal with applications from people from countries that are seen to be possibly problematic?

In light of the recent events in America, the issue of restricting immigration from certain countries is very topical now. New Zealand's Prime Minister has said that this is not a policy that NZ would ever implement ourselves, but in fact NZ's immigration policy is stricter towards some countries than others. Not to the extent of banning entry for everyone from certain countries of course, but certainly applications for people of certain citizenship are much more difficult and require much more supporting documentation than others.

This is a practical reality of managing immigration for the benefit of NZ because INZ needs to make sure that every visitor to NZ will either benefit the country or at the very least not be a burden for the country. If certain countries overall have a tendency to act in ways which the NZ Government and NZ people feel are inappropriate or negative in the NZ context, then INZ has a responsibility check these applicants carefully. They will want to make sure that people from these countries who wish to visit NZ are not going to behave in a way that is not beneficial to NZ society.

A migrant who is beneficial to NZ is a wide ranging criteria but in the immigration context it usually means they:

• are honest and will not commit crime of any kind while in NZ
• are healthy and shouldn't put any undue strain on our health system
• are not likely to overstay their visa
• are not likely to work illegally in NZ
• have real documentation and genuinely meet the criteria for their visa

There is no doubt that the majority of applicants do genuinely meet all of these criteria, but unfortunately the reputations of some countries, based on the actions of some applicants in the past (around the world, not just to NZ) mean that applicants from some countries are believed more easily than others. This doesn't mean that if you are from a certain country then your application will be denied, it means that you need to make a stronger application if you want to succeed.

Which countries are on the INZ problem list?

Well, the existence of such a list is doubtful, but for a rough idea, if your country is not on the visa waiver list countries, then to some degree you need to be thinking of making an extra effort. Every application needs to be done properly, and just because your country is on the visa waiver country list does not mean that your application will be easy or approved without issue.

So what does this mean for me?

It means basically that all visa applicants must prove that they meet the requirements for the visa they are applying for, and prove that their stay in NZ will benefit or at least not be bad for the country. It means that citizens of some countries will find it easier or harder to prove this based on the statistical tendencies of applicants from those countries to be less than honest in immigration matters

The NZ government insists that it won't apply security measures like the United States, and this fits in with the general feeling of NZ as a country. 

Partnership based visas

This category of visa has parts that are both very difficult and very easy. The interesting paradox is that they are both difficult and easy at the same time because it can be very easy to meet the requirements for the visa, but it can be difficult to actually show that you do meet the requirements. 

The requirements for partnership visas are usually quite simple, you must be of good character (both the New Zealand partner and visa applicant) and you must be in a stable and genuine relationship. There are many more details of course, but this is the fundamental thing. 

One of the common problems is that as Kiwis, we strongly feel that we should have the right to live with whomever we love. If you love someone, the laws of a country should not force you to be apart, this is a fundamental human right, surely? As a citizen of a democratic Western country we should be able to rely on the protection of our basic human rights, and this is true. Where this argument fails is that the overseas partner does not yet come under the jurisdiction or protection of NZ laws. They do not have the right to a visa to stay with their NZ partner, this is why they must apply, showing that they meet the conditions of the visa.

The partnership based visa instructions protect NZ citizens right to live with the person they love, only if this relationship is genuine and stable. The burden of proof is higher the more permanent the visa you are applying for, which makes sense. If you are in the beginning of your relationship,and you are not really sure how long term things will be, then a temporary visa such as a visitor visa is probably more appropriate. If you have been together a while and know you will spend the rest of your life together, then you will want a residence visa.

Things get difficult when you assume that INZ will automatically give you a visa because you are in love and you are sure it will last forever. How do you prove this? This is the challenge that we face with all partnership visa applications, and why there are so many problems with these applications.

You can't just send in lots of photos together and letters of support from your friends to prove that your relationship is genuine. The quality of your supporting documentation is very important. When the quality of your support material is low, INZ will start asking questions which often lead to problems. 

It really pays to get advice because if your application fails, INZ will not take pity on your relationship and allow your partner to stay in NZ anyway. If your application fails your partner will need to leave NZ and this can be very stressful on the relationship.

Employer's role in getting a work visa

Many people have misunderstandings about the role of the employer in getting a work visa. The visa is the responsibility of the worker and they have the most to do in the application, the success of the application depends strongly on whether the employer has done their part properly.

Employers need to understand that hiring a migrant worker is not more difficult than hiring a New Zealand resident or citizen, but there are certain requirements that must be met.

Common reasons for application failure include:

• The job advertising was not done properly. This can be very important because if the wording of the advertising, or the way of advertising is not up to standard INZ may not judge that sufficient attempt has been made to find NZ workers first. In some cases you don't need to advertise, but the difference is not always well known.
•  Inconsistency in the job description, advertising and information in the employer supplementary form
• Additional documents that are either not relevant or not complete, which does little to support the application

Some of the factors which make it the best choice to hire a certain person of a job don't always lead to a good visa application, so even though the employer thinks INZ must approve the application because the worker is very valuable to them, INZ don't always think the same way. Some employers misunderstand that INZ should be supporting their business because it helps the economic growth of the country, but INZ don't always see it this way, they are more focused on whether the individual migrant worker is good for the country. This is not always the same thing.

Important points to think about for employers

• The visa application should be easy for you if your worker is using a licensed immigration adviser. It is usual for the cost of the application and adviser to be borne by the worker as they are our client by definition
• The adviser will communicate with the employer on any matter about the application without charging you for this work. This makes it easy for you to prepare the necessary documents quickly and correctly
• It is often in the employers best interests to encourage the worker to go through a licensed immigration adviser because the application will be smoother and the employee can start work sooner. If the application is done poorly, it may be declined or may take longer to approve. 

Summary of what the employer must do

• Advertise the position if necessary. Advertisements must be fair and accurate
• Provide all the necessary documentations such as: employer supplementary form, job description, job offer, employment contract and so on
• Depending on the skill level and region you may need to list the job with the Canterbury Employment hub or get a skills match report from MSD

This is the usual scope of the employer's role, but some applications may require additional information. No two applications are the same and each application needs to be tailored to the employee's individual situation 

Doing it right the first time is better for your business and for your employee.

If you are an employer and want to find out more about using a licensed immigration adviser for your migrant worker's visa application, just send us an email and we'll be happy to answer your questions. adviser@immigrate.kiwi.nz 

What is next for the SMC?

There will be more changes to the SMC for residence following the big changes in October this year, but what will come next? Well, we are not sure yet, but all signs point to changes in how INZ will start recognising if your job is skilled or not. Being "skilled" is the most important part of the Skilled Migrant category.

From next year it is likely that ANZSCO won't be the only way a job will be determined to be skilled.  Currently if a persons job duties substantially match what the ANZSCO definition says it should be then INZ will believe the job to be skilled. The trouble is that it is possible to have a job description that matches the ANZSCO definitions, without being overly skilled, and the other way around, it is possible to have a job that doesn't match the definitions very well at all and be very skilled.

This is a difficult problem so INZ are suggesting that they use income as a secondary indicator. What this means is that if your employer is willing to pay you a high wage, then your job must be skilled. This is both good and bad for different people. If you are doing a job that is skilled when defined by ANZSCO, but your pay is very low, then this will be bad for you and I would encourage you to get an application in before things change. But if you are doing a job that pays really well, but you are having a hard time to align it to anything on ANZSCO, then it may be better to wait for these changes if they are implemented.

Even if this change comes into effect, and it hasn't been decided yet, there will still be ways to show that your job is skilled if it really is.

There are likely to be more changes as well, so it is important to be mindful of this and get advice of you are not sure.