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IMPACT – MEDIUM
What is the change? New Zealand will increase visa fees 8.3 per cent beginning 7 December. The country will also introduce new immigration levies to be paid in addition to the fees at the application stage.
What does the change mean? The costs of travelling to New Zealand for business, work, tourism or to study will soon increase for those who require a visa.
Background: The New Zealand Cabinet decided to increase visa fees and impose the immigration levy after undertaking a review of 2015 immigration charges. The new levies will be collected on temporary visas (work, student and visitor visas), limited visas and resident visas, unless the applicant is visa-exempt. Immigration levies, paid at the application stage, will replace migration levies, which were only paid by residence applicants after their applications had been approved in principle.
The government charges will vary not only based on the type of visa, but also on the location of the applicant. In the skilled migrant category, for example, visa fees will be 2,505 New Zealand dollars (about US$1,650) for applicants from outside the Pacific region, with an immigration levy of 580 New Zealand dollars. Applications from within the Pacific region are significantly less expensive (1,620 New Zealand dollars with the same 580-dollar levy). In some cases, fees will be lower for applications filed online.
Most of the money from the increased fees will go toward border security measures, while smaller portions will go toward migrant worker protection and marketing efforts. Visa fees were last reviewed in New Zealand in 2012 when they rose by an average of 16.7 per cent.
BAL Analysis: Employers and foreign nationals should take note of the changes and figure the increased costs into their budgets for future travel to New Zealand.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
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What is the change? A law has taken effect that provides incentives for migrants to find employment outside Auckland in order to become eligible for residence.
What does the change mean? Applicants under the Skilled Migrant Category residence stream will now receive 30 points, instead of the previous 10, if they hold a job or an offer of a job outside Auckland. The extra points are awarded subject to the condition that the migrants have held their role for more than 12 months, or if less than 12 months that they will continue to hold that job or a similar one which qualifies for the same points for a total of 12 months.
Background: The law was announced in July and took effect 1 November to spread skilled migration outside Auckland. According to a recent study, almost half of the roughly 10,000 skilled migrants move to Auckland after obtaining resident permits.
Applicants under the Entrepreneur Work Visa category will also benefit from the new law, receiving 40 points instead of 20 for setting up businesses outside Auckland. In addition, the law will benefit employers applying for Essential Skills work visas by allowing them to communicate directly with Work and Income New Zealand to complete labour market testing before filing a visa application.
BAL Analysis: The new rules will benefit migrants living outside Auckland. The other changes will also benefit entrepreneurs setting up businesses outside Auckland and employers wishing to hire migrants.
IMPACT – LOW
What is the change? Prime Minister John Key announced a set of immigration proposals that would benefit employers who rely on foreign workers, especially for working outside of Auckland, and eliminate extra steps in the labour market check process.
What does the change mean? The changes would provide incentives for skilled migrants to work outside Auckland, streamline the process for employers to obtain labour market checks, and allow a limited number of foreign workers in the South Island to obtain residency even without meeting skilled migrant criteria.
Details of the proposals:
BAL Analysis: Although still in the proposal stage, the changes appear to have popular appeal in spreading migration to outer regions and would be welcomed by employers who rely on workers from overseas.
What is the change? New Zealand has waived labour market testing requirements for companies employing foreign nationals renewing temporary work visas, provided the employees are applying under the Essential Skills policy and have a valid invitation to apply for residence.
What does the change mean? The waiver eliminates one obstacle for employers looking to retain qualifying foreign nationals.
Background: The change is another example of New Zealand moving to waive labour market testing requirements in some situations. In February, New Zealand launched a temporary program to waive labour market testing in Queenstown for employers recruiting foreign workers in certain jobs.
Though labour market testing has been waived in certain cases, work visa renewals will still only be given if the employee meets other visa criteria, including health and character requirements. Employers and foreign nationals should also note that work visa renewals under this exemption will only be valid for 12 months.
BAL Analysis: In recent months, New Zealand has eased labour market testing requirements, waiving them for some foreign nationals. The changes make it easier and cheaper for employers to recruit or retain foreign workers who qualify for the waivers.
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 grown stricter when processing residence applications in the Skilled Migration Category, requiring employers to complete employment verification questionnaires within five business days.
What does the change mean? The change has led to faster processing times but also puts more responsibility on employers to respond to authorities’ questions in a timely manner.
Background: The Skilled Migration Category is the most common way for foreign nationals to obtain permanent residency in New Zealand. The new processing rules stem from review that Immigration New Zealand undertook with the goal of speeding up processing times.
Immigration New Zealand has signalled that it will be less flexible with requests to extend time frames for documents or information. It began requiring employers to complete and return questionnaires verifying work arrangements within five business days, saying extensions would not be granted without extenuating circumstances. The strict time frames have led to faster processing times but have also caused problems for some applicants and employers who have not been prepared. For example, if all necessary documentation is not provided with the application when it is filed, the applicant will have very limited time to provide it. If the documentation is not provided within the required time frame, the application is likely to be declined.
BAL Analysis: Employers should be prepared to respond to Immigration New Zealand’s employment verification questionnaires within five business days. Authorities have made it clear they will be less flexible about granting extensions and residence applications may be jeopardised if deadlines are missed.
What is the change? Immigration New Zealand has temporarily waived labour market testing in Queenstown for employers recruiting foreign workers in certain jobs.
What does the change mean? Until the end of June, employers seeking to fill jobs in Queenstown that meet certain conditions do not have to take steps to advertise and recruit local workers before hiring foreign workers.
Background: The waiver only applies to jobs that meet skill levels 1, 2 or 3 of the Australia and New Zealand Standard Classification of Occupations list or are on New Zealand’s Labour Market Check exemption list. To qualify for the waiver, the job must also be in the Queenstown area, meaning the principal place of the work must be within the territorial authority of the Queenstown Lakes District Council.
All other work visa requirements still apply, and foreign applicants must show that they meet the qualifications of the job and provide a police clearance and health certificate.
Employers are not relieved of labour market testing for jobs in skill levels 4 or 5 that are not on the Labour Market Check exemption list. Labour market testing requires that employers advertise job vacancies and obtain a letter from Work and Income New Zealand indicating whether there are qualified local workers to fill the vacancy.
BAL Analysis: Immigration New Zealand appears to be responding to employers’ recent complaints that work visas for foreign workers have been delayed because of the lack of qualified local workers in Queenstown. The temporary elimination of advertising and other labour market testing requirements will significantly ease those concerns for the next few months.
IMPACT – Low
What is new? Immigration authorities in Ireland and New Zealand are warning foreign nationals about phone scams in which callers pose as immigration officials.
Background: The Irish Naturalisation and Immigration Service (INIS) warned last month that some visa applicants had been contacted by callers purporting to be from the agency, seeking payment of 500 euros. The callers quoted the agency’s helpline number and other official publications. The INIS reminded customers that it does not contact applicants by phone for payment of application fees.
“Applicants are asked to be vigilant. Do not give details of your immigration application to telephone callers unless you are sure who they are. If someone demands payment of a fine, contact INIS and the [police],” the INIS warned on its website.
Also, New Zealand’s immigration agency posted a warning on Oct. 30 on its website about recent scam phone calls. The callers claim that the recipient has a problem with his or her visa or arrival card information and demand monetary payment. The agency noted that the callers can appear to be legitimate because they often have some details about the individual, such as name, date of birth or address, and in some cases the callers reference application numbers that are fake.
BAL analysis: Foreign workers should be aware of the fraudulent calls and should not give out personal information or details to callers unless their identity is certain.
This alert has been provided by the BAL Global Practice group and our network provider located in Ireland. For additional information, please contact GlobalVisaGroup@bal.com.