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IMPACT – LOW
What is the change? New Zealand immigration officials have stopped issuing Student Visas to children under five.
What does the change mean? Effective immediately, dependent children under the age of five will only be granted a Visitor Visa. Because children cannot attend school on Visitor Visas, foreign nationals with dependent children under the age of five should plan carefully to make sure their children obtain a Student Visa close to their fifth birthday and in time to attend school in New Zealand.
Background: Up until now, New Zealand issued student visas to children under five, provided the child would turn five at some point during their visa validity period. Immigration New Zealand changed its policy recently so that children under five will now be provided Visitor Visas, but not Student Visas. While children cannot attend primary school on a Visitor Visa, children under five will remain eligible for Early Childhood Education. Early Childhood Education provides up to 20 hours of free childcare per week and is available to children between the ages of three and five regardless of their New Zealand immigration status.
BAL Analysis: Foreign nationals planning on moving to New Zealand with young children should take note of the change and make sure they plan to obtain a Student Visa for their children shortly before their fifth birthday.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
Licence Number: 201500714
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – MEDIUM
What is the change? Following a growing trend toward protectionist immigration policies by governments around the world, the New Zealand Government has proposed a “Kiwis first” campaign that will place new rules on employers seeking to hire skilled foreign workers.
What does the change mean? Foreign workers wanting to obtain residence by way of the skilled migrant category must be paid at least NZ$48,859 per year. If a migrant is paid NZ$73,299 per year, his or her job will be considered skilled, even if it is not on the list of skilled jobs. The points system will also be reformed to reward individuals with skilled work experience and recognised post-graduate qualifications, and younger workers, ages 30-39. Additional restrictions and a review of temporary migrant work settings are also planned.
The government is also considering changing the essential skills work visa category. This is the most popular category for entry to New Zealand. The proposals include introducing remuneration bands to align with the new salary thresholds. Additionally, lower skilled work visa holders may only be able to stay in New Zealand for a maximum of three years, at the end of which they must spend at least 12 months outside of New Zealand. Finally, lower skilled migrants may not be able to bring their families with them to New Zealand.
Background: New Zealand’s Immigration Minister Michael Woodhouse announced the “Kiwis first” policy Wednesday, saying it “strikes the right balance” between reinforcing that Essential Skills work visas are temporary in nature and encouraging employers to hire more Kiwis and invest in training them.
Key proposals:
BAL Analysis: The restrictive proposals came a day after Australia announced it will eliminate and replace the subclass 457 visas and after the United States announced a comprehensive review of H-1B visas – both primary routes for businesses to access skilled foreign labor. New Zealand has been a magnet for immigrants in recent years – the number of foreign nationals obtaining essential work visas spiked 11 per cent from 2015 to 2016. BAL encourages businesses, individuals and other stakeholders to provide feedback during the consultation period which closes 21 May.
This alert has been provided by the BAL Global Practice group and our network provider located in New Zealand. For additional information, please contact your BAL attorney.
What is the change? New Zealand authorities have announced new immigration-related penalties for employers who violate minimum employment standards.
What does the change mean? Effective 1 April 2017, employers who violate minimum employment standards—such as wage and hour laws—may be barred from recruiting migrant labour for periods ranging from six months to two years.
Background: In announcing the new measures, Immigration Minister Michael Woodhouse said it is “unacceptable” that “employers who exploit migrant workers are still able to recruit from the international labour market.” Authorities have said they will not impose stand-down periods on employers found to have made minor breaches, especially if they have demonstrated a desire to comply with employment standards. Those found to have made more serious breaches, however, could face fines and stand-down periods of six months, one year, 18 months or two years, depending on the severity of the violation. Employers who incur penalties between now and 1 April will not be assessed with a formal stand-down period, but will have violations counted against them when visa applications are considered.
BAL Analysis: The new penalties are a sign of how serious New Zealand is about stopping employment violations, and abuse of migrant labourers in particular. While employers found to have made minor mistakes will not face stand-down periods, those found to have committed more serious violations could have their migration programs seriously hindered.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com
What is the change? In January, South Africa will eliminate visa-waiver status for New Zealand nationals in reciprocation of New Zealand imposing visa requirements on South Africans in November.
What does the change mean? New Zealanders planning to travel to South Africa will need to obtain a visa at a South African embassy or consulate before travel. Additionally, other nationals currently enjoying visa-free travel to South Africa should be aware that the South African government plans to review all other countries that do not provide reciprocal benefits to South Africans.
Background: Last month, New Zealand withdrew visa-waiver status from South African nationals because of an increase in the number of South Africans who had been refused entry. On Tuesday, South Africa’s Department of Home Affairs announced that it will reciprocate and repeal the visa exemption for New Zealand nationals as of Jan. 16. In making the announcement, DHA Minister Malusi Gigaba also confirmed that South Africa will review all other countries that impose visa requirements on South Africans with the intention of ensuring additional reciprocity.
BAL Analysis: New Zealanders planning to visit South Africa on or after Jan. 16 must hold a valid visa or will be denied entry. BAL is following South Africa’s review of other countries that currently enjoy visa-free travel to South Africa and will report any additional changes in the country’s visa-waiver policies.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – HIGH
What is the change? New Zealand has announced changes that will make it more difficult to obtain residence through the Skilled Migrant Category.
What does the change mean? Effective immediately, applicants automatically considered for an invitation to apply for residence in the Skilled Migrant Category must have a score of 160 (up from 140) in a points-based system that considers work experience, qualifications, education, age, family in New Zealand and whether the applicant has skilled employment, or a skilled employment job offer, in New Zealand. Having a New Zealand job offer will no longer have an impact on an applicant’s expression of interest. English-language requirements have also become more stringent, and applicants who have worked for 12 months in New Zealand will not automatically satisfy the language requirement.
Background: The Skilled Migrant Category is the category that is most used to obtain residence in New Zealand, and Immigration New Zealand said the changes are necessary to help stay within migration target levels.
Applicants in the Skilled Migrant Category must first submit an Expression of Interest (EOI) to INZ, claiming points based on the factors described above. Before 12 October, EOIs with 140 points were automatically selected from the pool and considered for an invitation to apply. Further to this, all EOIs with between 100 and 139 points and a New Zealand job offer would form part of the pool that could be considered for an invitation to apply for residence. Now, EOIs with more than 100 points – and the requisite health, character, age and English-language requirements – will be entered into a pool from which invitations to apply are issued, but only EOIs with 160 or more points will automatically be invited to apply for residence. The 160-point automatic threshold will apply even for applicants with a job offer.
Immigration New Zealand said the changes may not be permanent, but are necessary for now. The 160-point threshold, INZ said, “may be adjusted as necessary to manage the achievement of the overall New Zealand Residence Programme.”
INZ has also changed the way applicants can show that they meet minimum English standards, including doing away with an automatic exemption for applicants who have worked for 12 months in New Zealand. Exemptions will exist for (1) citizens of Canada, Ireland, the United Kingdom or the United States who have worked or gone to school for five or more years in one or more of those countries or Australia or New Zealand; (2) applicants who hold a recognised qualification that is comparable to a New Zealand level 7 bachelor’s degree gained in Australia, Canada, Ireland, New Zealand, the United Kingdom or the United States as a result of study in one or more of those countries for at least two years; or (3) applicants who hold a recognised qualification that is comparable to a New Zealand level 8 gained in Australia, Canada, Ireland, New Zealand, the United Kingdom or the United States as a result of study in one or more of those countries for at least one year.
Applicants who were previously exempt and do not meet one of the above exemptions will have to complete an International English Language Testing System (IELTS) exam and score at least 6.5.
BAL Analysis: The changes will make it more difficult to obtain New Zealand residence through the Skilled Migrant Category. While the changes took immediate effect, authorities did establish transitional measures for applicants who have already been invited to apply for residence. Those with questions about specific cases should contact BAL for assistance.
Licence Number: 201500714.
When traveling to New Zealand, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to New Zealand, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
While nationals of the European Union, the United States, and many other select countries are eligible to travel to New Zealand on visa-waivered status, they must generally obtain a New Zealand Electronic Travel Authority (NZeTA) prior to entry. Additionally, they must obtain a visa waiver visitor visa upon arrival in order to enter New Zealand for the purpose of performing ordinary business activities on a short-term basis.
Foreign nationals who are not eligible for a visa waiver must obtain a Business Visitor Visa prior to travel from Immigration New Zealand either online or from a Visa Application Centre. Please consult with your immigration counsel before traveling to determine your eligibility for a visa waiver or business visitor visa.
The activities below, whether paid or unpaid, generally constitute work under New Zealand law. This list is not exhaustive, and many other professional activities are considered work in New Zealand, even if conducted for a short duration.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in New Zealand. The most common types of work authorization for New Zealand are:
Australian nationals and permanent residents are not required to obtain work authorization in order to work in New Zealand. However, registrations or other formalities may be required prior to working or residing in New Zealand.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
What is the change? The New Zealand Government will impose a visa requirement on South African nationals after an increase in the number of South Africans who have been refused entry.
What does the change mean? Effective 21 November 2016, all South Africans travelling to New Zealand will be required to obtain a visa before travel. Those travelling before 21 November will be able to travel to New Zealand and obtain a visa at the airport but must meet other entry requirements, including health and character requirements.
Background: Currently, South Africans who meet New Zealand’s entry requirements are able to travel to New Zealand and obtain a visa at the airport. This will not be an option beginning 21 November. INZ saw an uptick in the number of South African nationals who did not meet entry requirements and said in a statement Monday that while INZ has been “successful in managing these risks to date, this has been a resource intensive process and the decision has been made to suspend the visa waiver status from South Africa, reinstating visitor visa requirements.” The cost of a visitor visa is currently $165 (NZ); the cost will increase to $184 (NZ) for hard-copy visa applications on 21 November, but will remain at $165 (NZ) for online applications.
BAL Analysis: The visa requirement will apply to all South Africans travelling on or after 21 November, including those who have already booked travel. Those with questions should contact BAL for help in obtaining the proper visa.
License Number: 201502417
What is the change? Immigration New Zealand said this week that hundreds of foreign nationals have been contacted by scammers posing as immigration officials.
What does the change mean? Employers and foreign nationals should take note of the scams and are reminded that New Zealand immigration authorities do not threaten deportation or arrest or demand payment over the phone.
Background: INZ reported this week that, since the beginning of June, it has received about 289 complaints from people who believe they’ve been called by a scammer. The scammers appear to be targeting foreign nationals, including Indian and Fijian nationals. In many cases, the scammer will pose as an INZ official and demand money or iTunes vouchers in exchange for avoiding deportation or arrest. INZ said that scammers may use “ID spoofing” technology to make it appear that they are calling from legitimate phone numbers. Officials stressed that INZ does not ever demand payment over the phone.
BAL Analysis: Foreign nationals and family members should take note of the uptick in reports of scams and are reminded not to provide payment or personal information over the phone.
This alert has been provided by BAL Australia and our network provider located in New Zealand. For additional information, please contact australia@bal.com
MARN: 9683856
What is the change? Immigration New Zealand has added a new requirement for employers applying for Essential Skills work visas for foreign workers in low-skilled positions.
What does the change mean? As evidence of labour market testing, employers must now obtain a Skills Match Report from Work and Income New Zealand proving that qualified local workers are not available to fill the job.
Background: Employers applying for foreign workers to fill low-skilled jobs must work with Work and Income New Zealand to obtain the Skills Match Report before filing an Essential Skills work visa application. Employers in Canterbury are exempt but must work with Canterbury Skills and Employment. Foreign workers whose qualifications meet the criteria of those listed as shortage occupations are also exempt from the Skills Match Report requirement.
BAL Analysis: The change is consistent with recent reforms to attempt to streamline the labour market testing process by enabling employers to obtain feedback from Work and Income New Zealand as to whether the labour market check requirements have been met prior to submission of a work application by a potential employee.
What is the change? Immigration New Zealand has announced changes to its lists of shortage occupations for purposes of exempting foreign workers in those jobs from labour market testing requirements.
What does the change mean? Several occupations in the oil and gas industry and other professional roles, including accountants and orthopedic surgeons, will no longer qualify for the Immediate Skills Shortage List. Two occupations in the information technology field have been retained on the Long Term Skills Shortage List. Employers should review the complete lists when planning foreign workforce needs for 2016.
Background: The Government regularly updates its Essential Skills in Demand lists to ensure that foreign workers are only occupying jobs that cannot be filled by the resident labour force. Foreign workers applying for Essential Skills Visas in jobs on the Immediate Skills Shortage list can avoid labour market testing as long as they meet the qualifications of the particular job. Migrants applying for residency earn points if they are working in jobs on the Long Term Skills Shortage list.
Beginning March 2016, seven occupations in the oil and gas sector will be removed from the Immediate Skills Shortage List, including chemical plant operator, occupational health and safety advisor, gas or petroleum operator, production manager, geologist, safety inspector, and geophysicist and petrophysicist. Additionally, accountants and several occupations in the health and social services fields will be removed from the list. Four occupations will be added to the list, and several farming occupations will be removed from the list in May 2016.
On the Long-Term Skills Shortage List, the roles of telecommunications engineer and telecommunications network engineer will be retained as shortage occupations, and social worker and statistician will be removed from the list.
A complete list of changes can be viewed here.
BAL Analysis: Employers should review the upcoming changes and consult with their BAL team regarding how the shortage lists affect employment of foreign national employees.