Exploring Current Policy and Changes to Those Policies Richard Howard Managing Director – Pathways...

Exploring Current Policy and Changes to Those Policies

Richard HowardManaging 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…

• SMC policy interpretation & application

• SMC work-to-residence outcomes

• Graduate student policy

Policy issues

• 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 Manager’s 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 termsPolicy requirement not met

SMC policy interpretation: Case study

• 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

• 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

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– It’s ‘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 today’s recessionary environment?

It is important to ensure that new migrantshave 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 resultin 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

Responses to SMC:Case study

According to proposed system, client would score:

Points Criteria25 age50 qualification30 work experience50 $500,000155 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 doesn’t 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

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 theclient 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 currentenvironment?

Work to Residence:Policy Responses

The following applicants should be considered asbeing able to immediately and successfully settle inNew 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 don’t 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 relevantto their New Zealand qualification… BUT not necessarily skilled

• International student• Graduated with Bachelor of

Management Studies (Business degree)

Study to Residence:Case study

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 tobecome 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!