From 9 October 2023, there will be changes to the Skilled Migrant Category Resident Visa. These changes will see a simplified points system coming into effect that sets a clear skills threshold for residence and offers several ways for people to demonstrate their skill level. Under the new system, applicants will need six points to be granted residence.
What is changing? From 9 October, applicants who wish to apply for the Skilled Migrant Category Resident Visa will need to meet one of the following:
If applicants do not gain enough points through one of these skill pathways, they will need to gain additional points through having skilled work experience in New Zealand. All applicants will need a skilled job offer in New Zealand, and most applicants will be required to spend time working in New Zealand before becoming eligible for residence. Under the new settings, there will be no cap on the number of people who can gain residence if they meet the skills threshold. This, along with simpler settings, means applicants can expect faster decision times (where complete information is provided to Immigration New Zealand). Employers can continue to bring skilled workers to New Zealand on a temporary work visa, such as the Accredited Employer Work Visa, or employ migrants on other work visas such as the Working Holiday Visa, even if they do not meet the residence criteria. In addition to the above changes, INZ has also recently confirmed further changes to other policy settings that are impacted with the Skilled Migrant Category Resident Visa opening on 9 October 2023, such as changes to interim visas and variations of conditions. Changes to the List of Qualifications Exempt from Assessment Changes to the List of Qualifications Exempt from Assessment (LQEA) were made ahead of the Skilled Migrant Category Resident Visa opening, as well as the Work to Residence (WtR) category opening. The update was part of a wider review of the LQEA to ensure it is fit for purpose for use with the new Skilled Migrant Category Resident Visa. The review is being carried out in phases, and includes:
The first phase of the review was implemented on 29 September and includes the following 7 countries:
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Changes are on the horizon for those applying for the new Skilled Migrant Category Resident Visa. The government has recently agreed to updates regarding interim visas and interim variations of conditions.
Starting from 9 October 2023, when the new visa category opens, interim visas will undergo significant changes. Additionally, variation of conditions changes will become effective from 5 November 2023. One big change involves allowing Skilled Migrant Category Resident Visa applicants to be on an interim visa while awaiting their application outcome. These interim visas will be valid for up to 24 months and will include multiple entry travel conditions. This means applicants can leave New Zealand and return using the same interim visa as long as it's still valid. However, it's important to note that applicants must be in New Zealand on the day their visa expires to be eligible for an interim visa. These changes also extend to partners and dependents of Skilled Migrant Category Resident Visa applicants. They too will benefit from the new interim visa rules. Moreover, individuals holding interim visas waiting for their Skilled Migrant Category Resident Visa application outcome will have the ability to vary some of the conditions of their interim visa if their circumstances change. This flexibility is crucial since interim visas last for 24 months, and it's likely that applicants' situations may change during this time. Please note that eligibility for interim visa variations of conditions will be based on the specific conditions of the interim visa held and the applicant's situation. It's important to keep in mind that not all individuals with the same interim visa conditions will have the same pathway for variation of conditions. The cost associated with varying the conditions of a visa amounts to NZD$210. Source: INZ website The Recovery Visa, set up in February for the initial urgent clean-up and emergency response to the January and February 2023 extreme weather events, is now closed to new applications.
Existing visa holders already in New Zealand will be able to apply for a three-month extension to the Recovery Visa from 23 September, to give them time to transition to longer term work visas if desired. INZ will contact visa holders as their visas approach expiry to inform them of their options. Eligible visa holders can apply for the extension using the existing online form for the Specific Purpose Recovery Visa. If an application is still under assessment when a Recovery Visa holder’s current visa expires, INZ may grant them an interim visa. Recovery Visa holders who can apply for an extension can continue working on an interim visa if INZ grants them one. Seventeen roles will be added to the Green List, following a scheduled and targeted review conducted by the Ministry of Business, Innovation and Employment (MBIE).
Roles being added to the Green List are:
The roles will be added to the Green List from March 2024. More information, including the specific requirements for each role and the specific residence pathway that will be available, will be be announced closer to the date. Source: INZ website The National Party has announced that they will introduce a new visa category to allow parents and grandparents of migrants to visit their family in New Zealand. Under the current settings, limited options are available for visiting children or grandchildren, resulting in skilled people leaving the country. The Parent Visa Boost will be a multiple-entry visa valid for five years, which can be renewed for a further five years. Sponsored by their children or grandchildren, those on the visa will not be eligible for NZ superannuation or other entitlements and will require health insurance during their stay.
The introduction of the Parent Visa Boost is aimed at attracting and retaining skilled migrants in New Zealand, offering them better options to integrate and have access to childcare, as well as providing stability and emotional support. Erica Stanford, National's immigration spokesperson, stated that it is essential to have sensible solutions to make New Zealand more attractive without burdening taxpayers. Countries with pro-parent visa options are more appealing than New Zealand, and if the immigration settings are right, the country can retain skilled migrants. Source: Click here As the new Skilled Migrant Category (SMC) Resident Visa takes effect on October 9, 2023, it is great news for existing student visa holders that their eligibility for in-study work rights will be retained.
Under the current regulations, most students with visas are allowed to work up to 20 hours a week during term time and full-time during course breaks. The eligibility of student in-study work rights has been tied to the type of qualification being studied, with only those that qualify for points under the SMC being eligible. The new SMC only considers qualifications at Bachelor’s degree Level 7 or higher for points, rendering most qualifications ineligible for points and, therefore, in-study work rights. However, the Ministry of Immigration confirmed that it will remove the reference to SMC in the in-study work instructions, and that the existing in-study work eligibility will remain. This means that the eligible qualifications, programme level and type, rather than the SMC, will be shown instead, allowing for better clarity. In line with this, from October 9, all students studying full-time programmes, that lead to a New Zealand qualification at Level 4 or above on the New Zealand Qualifications and Credentials Framework (NZQCF), will be able to avail of in-study work rights of 20 hours per week. However, training schemes and micro-credentials will remain ineligible for in-study work rights. The new SMC guidelines will not require a course to be relevant to the ANZSCO occupation at skill levels 3-5, as that reference will be removed. It is important to note that student visas with work rights will not be granted for part-time study, unless the student is in their final semester of a programme of study that is at least 2 academic years' duration or which culminates in a NZ qualification at level four or higher on the NZQCF, in which case the student may be eligible for in-study work rights. According to recent data from Immigration New Zealand (INZ), out of 3,415 work visas issued to Vietnamese nationals since the Accredited Employer Work Visa began, 2,764 have arrived in the country.
However, some of these migrants are falling prey to a vicious cycle of debt as they resort to cultivating illegal cannabis to repay the large sums of money they owe their agents for entry into the country. This cycle of debt and desperation is turning workers into "crop-sitters," who risk arrests for growing the cannabis. INZ investigations manager Carl Knight has stated that the agency has encountered numerous instances of this insidious cycle, and in one case, a former chef from a leading Vietnamese restaurant group, which recruited staff through the AEWV scheme, was deported for overstaying his visa and unlawfully cultivating cannabis. This problem is not limited to the restaurant industry, as several other Vietnamese workers employed by construction firms and restaurants are also under investigation in New Zealand for their involvement in cultivation rings. The situation is alarming, and INZ's national manager of investigations, Stephanie Greathead, says the agency will assist the police operationally, wherever applicable. To prevent such exploitation and illegal activities, INZ participation in community engagement and education events aims to encourage lawful behaviour among migrant workers and to make them aware of their visa conditions, while also inviting anyone with grievances or exploitative experiences to come forward and report to the agency. It is vital to address this problem immediately and provide support to these vulnerable individuals, ensuring they do not become victims of exploitation and illegal activities and are aware of the legal pathways to migrate and work in New Zealand. Source: Click here An Auckland-based couple, Vikram Madaan and Susheel Madaan, along with three companies linked to their family, have been sentenced to 10-and-a-half months' home detention on charges of immigration fraud and migrant exploitation. The charges were filed after an investigation initiated on anonymous tip-offs received by CrimeStoppers in 2017 and 2018. Though the case was filed in the Manukau District Court in July 2020, Immigration New Zealand cited low staffing levels and the complexity of several ongoing investigations as factors causing the delay.
According to Immigration New Zealand, the couple provided fake and deceitful information to the agency while making visa applications. Additionally, they were found guilty of paying temporary employees below the minimum wage over extended periods, collectively underpaying the workers by substantial amounts during their employment. National Manager for Investigations, Stephanie Greathead, stressed that no form of exploitation is tolerable in New Zealand. She further stated that the convictions of the Madaans and the ensuing punishment should serve as a stern warning to any person considering employing migrants who are not entitled to work or exploiting unlawful migrants. At the Manukau District Court, Judge June Jelas sentenced both offenders to three years of imprisonment. However, they were awarded a 45% reduction for the guilty pleas, good character, and continued support of family members and the community, for the reparation they paid and other mitigating factors. The final sentence translated to 21 months of imprisonment or 10.5 months of home detention to be served by each offender. Throughout the trial, the victims were supportive of the proceedings and have not left New Zealand. Source: Click here Immigration New Zealand (INZ) is currently experiencing longer processing times for the Job Check phase of the AEWV system. This delay is due to an increase in the need to request or clarify information.
The Job Check stage is crucial for prioritizing job opportunities for New Zealand residents and ensuring that skilled migrants are only hired in cases of genuine skill or labor shortages. Immigration New Zealand (INZ) is working to improve processing times for the Job Check phase of the Accredited Employer Work Visa (AEWV) system. Here's what you need to know:
Incomplete applications can cause delays, so applicants are advised to double-check that all required documentation are provided when applying for Employer Accreditation or a Job Check. This will help process applications faster. For a complete checklist of required information and to learn more, visit this link. Exciting News! Starting in February 2024, a new median wage of NZD $31.61 an hour will be implemented into the immigration system.
This change will impact various visa categories that have wage thresholds or criteria based on the median wage. But that's not all - other wage thresholds tied to the median wage will also be updated. This includes the Accredited Employer Visa (AEWV), the Skilled Migrant Category, and certain occupations covered by Sector Agreements and the Green List. Also, don't worry if you fall under the parent category or the tourism and hospitality industry, as their wage thresholds will be updated separately. To give businesses ample time to prepare for the change, the median wage will be updated in February following a standard process that was established last year. Statistics NZ will update the wage, giving businesses approximately 6 months to adjust accordingly. Stay tuned for more information and specific dates from INZ closer to the implementation period. Source: INZ website |