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Exploring Current Policy and Changes to Those Policies

This article discusses the interpretation and application of immigration policies in New Zealand, specifically focusing on skilled employment requirements and potential changes to the points allocation system. It also highlights the challenges faced by migrants without skilled employment offers and provides practical advice for advisers to prepare clients for the settlement process.

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Exploring Current Policy and Changes to Those Policies

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  1. Exploring Current Policy and Changes to Those Policies Richard HowardManaging Director – Pathways to New Zealand LtdChairman – NZAMI

  2. Practical pointers on how to present better applications There is only one way to do this Get it right first time!!!

  3. Immigration is like a box of chocolates – you never know what you are going to get! Immigration work is an inexact science and you will be surprised at how inexact it can be at times… Some immigration adages…

  4. SMC policy interpretation & application SMC work-to-residence outcomes Graduate student policy Policy issues

  5. The interpretation and application of what constitutes “skilled employment” The inconsistent application and decision making in this area which generates confusion SMC policy interpretation: Main issues

  6. Where do you find Assistant Manager (of anything) in ANZSCO? The position of Assistant Herd Manager in the ISSL is accorded the same ANZSCO classification as Herd Manager What are the chances of a successful SMC residence based on an Assistant Herd Manager’s job? SMC policy interpretation: Main issues

  7. SMC policy interpretation: Case study SMC Policy - Employment must be ongoing and sustainable. Ongoing and sustainable employment is: • an offer of employment or current employment with a single employer and permanent, or indefinite, or for a stated term of at least twelve months with an option for the employee of further terms, and of which the employer is in a position to meet the terms specified

  8. Client has 2 year employment agreement Employer confirmed in writing opportunity for renewal All current employees on 2 year contracts, and all have had contracts extended SMC policy interpretation: Case study

  9. INZ declined application at EOI stage – Necessary for employment agreement to have further terms Policy requirement not met SMC policy interpretation: Case study

  10. 1st Response: Restructured employment agreement to one of 2x 12 month terms Declined by INZ Policy wording is for “further terms” One additional term does not meet policy SMC policy interpretation: Case study

  11. 2nd Response: Restructured employment agreement to 12m + 6m + 6m Declined by INZ Policy reference to “further terms” means further terms of 12 months SMC policy interpretation: Case study

  12. But… Policy states: “term of at least twelve months with an option for the employee of further terms” If the policy intent was for further terms of 12 months then why did the policy not say this!! SMC policy interpretation: Case study

  13. Responses to SMC SMC needs to be more flexible and responsive Agreement that: EOI/SMC policy and process is a sound, well based and sustainable business model It’s ‘simplicity’ provides a market advantage over many of our competitors immigration regimes

  14. Responses to SMC Is skilled employment the only foundation of successful settlement in NZ? Does SMC create a false expectation of settlement security, in today’s recessionary environment? It is important to ensure that new migrants have realistic expectations

  15. Responses to SMC Need to refocus emphasis of SMC points to deliver effective outcomes for migrants in the current environment Suggestion to place greater emphasis on applicants who have: the ability to be financially self supportive immediate family in NZ

  16. Responses to SMC Adjusting SMC points allocation would result in selection of applicants who are better equipped to settle in NZ at this time

  17. Responses to SMC How about…? 50 points for the transfer of $500,000 in settlement funds 30 points for the transfer of$300,000 in settlement funds Increase the close family support points from 10 to 20 points and allow another 10 points for additional family members (to a maximum total of 40 points?)

  18. Client aged 38 years old Recognised qualification 10 years work experience $500,000 funds Responses to SMC:Case study

  19. Responses to SMC:Case study According to proposed system, client would score: PointsCriteria 25 age 50 qualification 30 work experience 50 $500,000 155 points

  20. The good news: After 1-2 years, and considerable expense – your application has been approved for…a work-to-residence visa The bad news : 3 months to apply for work visa 3 months to travel to NZ 9 months to get skilled employment… if unsuccessful then your residence will be declined Think of the uncertainty and the family considerations involved SMC Work to Residence

  21. What happens when a migrant doesn’t secure a skilled employment offer? SMC Work to Residence

  22. Applicants without skilled employment must satisfy INZ as to their ability to immediately and successfully settle in NZ INZ considers: Employment prospects Familiarity with New Zealand Linkages and support in NZ SMC Work to Residence

  23. Important! Advisers must be proactive and constructive in their efforts to prepare their clients for the critical settlement interview and assessment process

  24. Chinese applicant Multiple bachelor degrees in China Worked 10+ years as Science teacher Completed 1 year Master of Education degree at University of Waikato Lived in NZ 1 year Master of Education degree is NOT a teaching degree Work to Residence:Case study

  25. Work to Residence:Case study While in New Zealand the client: Made friends and other local contacts Spent time in local schools – observing class room behaviours and teaching methods Travelled around NZ

  26. Case study: Applying for residency To demonstrate her ability to settle the client included: Research on job prospects Support letters from lecturers, associates and NZ-based friends Evidence of class mates with same Masters degree, who were issued WTR visas, secured skilled employment, and later issued residence permits

  27. Case study: Applying for residency Result… received WTR If client had completed her Masters degree in 2 years she would have been issued residence directly!

  28. Case study: Applying for residency Evidence of significant disparity and inconsistency between INZ Branches in assessing SMC settlement outcomes

  29. What actually constitutes successful settlement outcomes in the current environment? Work to Residence:Policy Responses

  30. The following applicants should be considered as being able to immediately and successfully settle in New Zealand: Those able to claim points for close family support in NZ those who hold a (any) recognised NZ qualification those who can transfer funds (say $500,000) to NZ to support their settlement those who have visited NZ and spent more than 3 months in the country prior to their residence decision? Work to Residence:Policy Responses

  31. Where is the problem in allowing these “successful” applicants in taking up employment which does not meet skilled employment policy? Work to Residence:Policy Responses

  32. When… They have already met the points requirement to be approved for residence!!! They are already considered desirable migrants Work to Residence:Policy Responses

  33. Study to Residence The graduate work policies are simple and successful Provides students with acceptable qualifications an appropriate pathway into the workforce Fee paying international students make a significant economic and cultural contribution to New Zealand Contributing to tourism Financial contribution to all sectors of NZ

  34. Study to Residence To gain permanent residency, most students require an offer of “skilled employment” Despite international students being suitable migrants, who are/have: NZ qualified Young Good English Well settled in New Zealand

  35. Study to Residence Why don’t we make it easier for international students to gain residency on completion of their studies?

  36. Study to Residence: Policy Responses More flexible employment requirement for graduate international students to gain residence? For example: Their employment is to be relevant to their New Zealand qualification… BUT not necessarily skilled

  37. International student Graduated with Bachelor of Management Studies (Business degree) Study to Residence:Case study

  38. Study to Residence:Case study Initially, gets graduate job search work permit Secures job as Shift Manager, at McDonalds Seeks advice… Can get 2 year graduate work permit Can not get residence

  39. Study to Residence:Case study How to get residence? Must be THE MANAGER!

  40. Study to Residence:Policy Responses Are the timeframes realistic? How long would it take an NZ graduate to become a manager in commercial world?

  41. Study to Residence: Policy Responses Graduates are forced to consider alternative and less productive employment options to enhance their residence prospects

  42. Study to Residence: Policy Responses Who is the real loser when NZ cannot find a way to keep NZ qualified international Students in the country?

  43. Conclusion Generally, immigration policies are well based and sound More effort is needed by Government to address policy anomalies and fine tune policy areas

  44. Conclusion Remember… We are all working towards the same objective!

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