Presentation on theme: "Exploring Current Policy and Changes to Those Policies Richard Howard Managing Director – Pathways to New Zealand Ltd Chairman – NZAMI."— Presentation transcript:
Exploring Current Policy and Changes to Those Policies Richard Howard Managing Director – Pathways to New Zealand Ltd Chairman – NZAMI
Practical pointers on how to present better applications There is only one way to do this Get it right first time!!!
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…
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
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 Managers job? SMC policy interpretation: Main issues
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
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
INZ declined application at EOI stage – Necessary for employment agreement to have further terms Policy requirement not met SMC policy interpretation: Case study
1 st 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
2 nd 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
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
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 – Its simplicity provides a market advantage over many of our competitors immigration regimes
Responses to SMC Is skilled employment the only foundation of successful settlement in NZ? Does SMC create a false expectation of settlement security, in todays recessionary environment? It is important to ensure that new migrants have realistic expectations
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
Responses to SMC Adjusting SMC points allocation would result in selection of applicants who are better equipped to settle in NZ at this time
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?)
Client aged 38 years old Recognised qualification 10 years work experience $500,000 funds Responses to SMC: Case study
According to proposed system, client would score: PointsCriteria 25age 50qualification 30work experience 50 $500, points
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
What happens when a migrant doesnt secure a skilled employment offer? SMC Work to Residence
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
Important! Advisers must be proactive and constructive in their efforts to prepare their clients for the critical settlement interview and assessment process
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
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
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
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!
Case study: Applying for residency Evidence of significant disparity and inconsistency between INZ Branches in assessing SMC settlement outcomes
What actually constitutes successful settlement outcomes in the current environment? Work to Residence: Policy Responses
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
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
When… They have already met the points requirement to be approved for residence!!! They are already considered desirable migrants Work to Residence: Policy Responses
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
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
Study to Residence Why dont we make it easier for international students to gain residency on completion of their studies?
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
International student Graduated with Bachelor of Management Studies (Business degree) 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
Study to Residence: Case study How to get residence? Must be THE MANAGER!
Study to Residence: Policy Responses Are the timeframes realistic? How long would it take an NZ graduate to become a manager in commercial world?
Study to Residence: Policy Responses Graduates are forced to consider alternative and less productive employment options to enhance their residence prospects
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?
Conclusion Generally, immigration policies are well based and sound More effort is needed by Government to address policy anomalies and fine tune policy areas
Conclusion Remember… We are all working towards the same objective!