A secret tightening up of visa criteria is under way and and Indian applicants are feeling targeted, according to an immigration advisers' group.
Based on official statistics from July to October this year, the annual increase in work visa refusals is 42 percent across all nationalities and 80 percent for Indian nationals. But Immigration New Zealand (INZ), citing earlier full-year figures, disputes that and says there has been no change in the way it assesses visa applications. Association of Migration and Investment policy director Richard Small said a sharp increase in rejections of certain work visas had also led to a large increase in appeals. Mr Small, a Wellington immigration lawyer, said some communities were sensing discrimination. "Official information requests have shown a dramatic increase in certain groups being refused visas." he said. "There's been a tightening in approach that has not been reflected in official instructions. "Indian requesters for visas who do not have current visas - they're being refused at record levels. For some groups of migrants it is a very desperate landscape." In a statement, INZ area manager Marcelle Foley, said there had been no change to its assessments. "Every application is robustly assessed against the relevant immigration instructions. "It is not correct to state that that there has been a sharp fall in the number of post-study work visas or in work visa approvals for Indian nationals. "The number of post-study work visa applications for Indian nationals has grown in each of the last three financial years as it has for all nationalities. The decline rate for last year was just over 5 percent - lower than the figure for 2012/13 and 2013/14." Ms Foley said there had been an increase in visa volumes in the past two years and a corresponding rise in section 61 requests - appeals for those who have been turned down for a visa. "Between 1 November 2015 and 31 October 2016 there were 649 section 61 requests from Indian nationals with 357 granted work visas. "Between 1 November 2016 and 31 October this year there were 1174 section 61 requests from Indian nationals with 324 granted work visas." But Mr Small said there was a wide gap between what INZ was saying and what immigrants and their advisers were seeing. He described some of the methods used to cut down on unwanted applications as "under the table" such as unattainable timeframes for information requests, pedantic queries and changes to how INZ assesses sustainability of employment. He said the number of rejections had increased, particularly in the lead-up to and after the election, and especially in graduate work visas. The association drew up figures under the Official Information Act showing approvals under the section 61 appeals also fell during the last year. Figures show in the three months to September, 900 of the 3000 requests under section 61 were from Indian nationals. To read the actual article, click here
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After eight years in New Zealand, Dinesha Amarasinghe, her husband and her three sons have been told they will be deported back to Sri Lanka because Dinesha has been diagnosed with multiple sclerosis. They've been here eight years. The three boys — aged 8, 10 and 11 — don't speak Sri Lankan. They speak English, and according to one of the school mums, they play a mean game of cricket too. They are Kiwi kids. The family is hard-working, apparently. They help at school, they volunteer in the Queenstown community and the children are doing very well at school. But Dinesha's MS diagnosis means they'll be sent back to Sri Lanka. Their visas have been revoked. They'll be sent back to a country the children don't know, and where the medicine Dinesha needs can't be accessed. Queenstown locals took to the streets yesterday. Several hundred people marched through the centre saying the family was a valuable part of the community and urged authorities to re-think their stance. An appeal has been lodged against their deportation, but the family can't work because their visas have been revoked — and the community is asking for the husband, Sam, to be issued a short-term work visa so that he can at least support his family while the appeal is being heard. Cases like this are difficult. People will argue they set a precedent. But I've always been uncomfortable with opening our borders to people until they get sick. And then we send them packing. Dinesha developed MS since living in New Zealand. She didn't come here with MS. She's not what you call a medical tourist who came here purely in the hope of seeking treatment on our health system. The family has been here for eight years and are contributing to our economy — and judging by the hundreds who walked through Queenstown's streets yesterday to show their support, they are a much-loved and valued family in the community. Keep going, Queenstown. No-one achieved anything by sitting on the fence. Keep showing your compassion. Keep fighting the fight. It doesn't feel very Kiwi to march this family to the border and send Dinesha, her husband and her three promising young sons on their way, purely because Dinesha has developed MS. Maybe we should be change the sign at border control. You're welcome, until you get sick. And then we'll send you packing. Let's see what people power can do in Queenstown. I'm with the locals. The family has been here eight years. I think they should stay. To read the actual article, click here An Auckland woman has been sentenced to 10 months home detention and ordered to pay $6420 reparation for illegally providing New Zealand immigration advice in the Tongan community. Maria 'Ilaisaane Valu-Pome'e, who is of Tongan nationality, was sentenced in the Waitakere District Court after pleading guilty to 14 charges laid by the Immigration Advisers Authority (IAA). An IAA investigation found the former lawyer was providing New Zealand immigration advice without holding a licence or having an exempt status, IAA registrar Catherine Albiston said. Valu-Pome'e was charged with 10 counts under the Immigration Advisers Licensing Act 2007 for providing immigration advice without a licence, for holding herself out as a licensed immigration adviser, and for asking for or receiving a fee. She was also charged with four charges under the Crimes Act 1961, two for using forged documentation and two for dishonestly using documents. Valu-Pome'e was previously exempt from the requirement to be licensed. However, after her practicing certificate from the New Zealand Law Society expired in July 2013, she no longer qualified for the exemption to provide immigration advice. "Mrs Valu-Pome'e provided immigration advice illegally to members of the Tongan community, including a Greymouth family, a couple, and a mother and daughter based in Auckland. "All of the victims were unlawfully residing in New Zealand when they finished their dealings with Mrs Valu-Pome'e. She didn't successfully obtain a visa for any of them," Albiston said. "This case serves as a strong reminder the IAA will not tolerate those who provide unlawful New Zealand immigration advice at the expense of vulnerable communities." The IAA ran a campaign earlier this year to raise awareness among Pacific communities in New Zealand, as well as in Tonga, Samoa and Fiji, that unlawful immigration advice can cause significant stress and problems for visa applicants. "Anyone seeking immigration advice should use a licensed adviser or someone who is exempt, such as a current New Zealand lawyer," Albiston said. A register of licensed advisers is available on the IAA website. The IAA investigates complaints made by the public about unlicensed immigration advice. Individuals found breaking the law can face up to seven years in prison and a fine of up to $100,000. "Anyone can talk to the IAA about their experience without their immigration status being affected," Albiston said. To read the actual article, visit here. |
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