New Immigration NZ policies
In May 2009, Immigration New Zealand (INZ) made important changes to its immigration policy that prospective migrants should be aware of when applying for a visa.
A summary of current changes is provided below:
Licensed immigration advisors
INZ has changed all application forms to include a declaration part for applicants to confirm whether or not they have received advice from a licensed immigration advisor or an individual who is exempt from the licensing regulations (e.g. an immigration lawyer).
Since 4 May 2009, only a licensed immigration advisor or an exempt individual, such as an immigration lawyer, can provide advice and submit applications to Immigration New Zealand on behalf of an applicant in New Zealand.
Immigration consultants operating overseas are still able to lodge applications until 4 May 2010, although in practice a number of immigration advisors have obtained licenses whether operating in New Zealand or overseas.
It is recommended that any individual who is instructing a person to assist in the migration process should confirm that the person is a professional immigration lawyer or a licensed immigration advisor.
The length of permitted stay on temporary permits
A minor change has been made to temporary entry policy to confirm that an applicant can stay in New Zealand for no more than nine months on a visitor permit in any 18 month period.
Other applications for visitor permits outside generic temporary entry policy are not included in this assessment (including the parental multiple entry visitor visa). This clarification and amendment of policy was required to ensure consistency in INZ decision making.
Parental multiple entry visitor visa
Policy has been clarified to confirm that a second parental multiple entry visitor visa can only be submitted and approved by Immigration New Zealand after the expiry of the first three year multiple visa.
Sound planning, therefore, should be undertaken in terms of parents of New Zealand citizens/residents traveling to New Zealand under this visa scheme if the parents will not be eligible for New Zealand residence under the family residence criteria prior to the expiry of the initial three year multiple entry visa.
Declarations – sponsorship
A new section of policy has been introduced to New Zealand residence applications lodged under the Family (Partnership) Category.
In the event that the sponsoring partner did not disclose their partnership in a previous application for New Zealand residence, as long as it can be proved that there was no intention to mislead at the time the sponsor’s application was made, and the failed declaration would not have lead to a decision to decline the application, then INZ will accept sponsorship of a partner in a subsequent application who was not disclosed in the sponsors previous application.
Changes to qualification bonus point requirement under the Long Term Skill Shortage List
Immigration New Zealand has also made changes to the requirements for the claim of bonus points for Master’s Degree and PHD qualifications in an area of absolute skill shortage under the Skilled Migrant Category (SMC) policy in June 2009.
Prior to the changes, individuals who hold a Master’s Degree or PHD could claim 10 bonus points for holding a qualification in an area of absolute skill shortage and, therefore, hold a distinct advantage if they do not hold an offer of employment by being selected from the SMC pool, as well as moving forward through the further assessment process for the grant of residency (applicants who hold a qualification in an area of absolute skill shortage without a job offer will be taken in preference to individuals who do not).
This is a very important policy change for individuals who hold a Master’s Degree or PHD without a full time offer of employment. INZ are taking away the ability of a Master’s or PHD holder to advance themselves through the SMC pool if they are not university lecturers.
Amendments and alterations to the Long Term Skill Shortage List
On 2 March 2009, INZ introduced various changed to the government’s immigration policy. One of the main changes was made to the Long Term Skill Shortage List (LTSSL), which has been updated with the addition of three new occupations and slight changes to two occupations already on the list.
New occupations on the LTSSL
Three occupations experiencing skill shortage in New Zealand have been added to the LTSSL. Migrants with experience in these fields now have a greater advantage, and are in a better position, to obtain New Zealand residency.
- Architect
- Ambulance paramedic (advanced life support)
- Ambulance paramedic (intermediate life support)
Changes to existing LTSSL occupations
Minor changes have also been made to the requirements allowing applicants to claim bonus points for holding a qualification in an area of absolute skill shortage under the Skilled Migrant Category for a multi media designer (film animator) and chef type roles in the LTSSL.
Individuals intending to migrate to New Zealand who are qualified to obtain a full time offer of employment as a multi media designer or a chef should consult the LTSSL to view the amendments made and determine whether or not the changes shift their position and potential eligibility.
Amendments to the parent policy
Changes have been made to the minimum income requirement for New Zealand residents who wish to sponsor their parents (or parents-in-law) for New Zealand residency under the Family (Parent) Category once they have resided in New Zealand as New Zealand residents for a period of three years.
The policy has been clarified to confirm that sponsors (and/or their partners) must meet the minimum income requirement from personal income only. The minimum income requirement for a couple to sponsor parents’ residence application is currently $29,897.92 per annum (before tax).
This income must be personal income to the main applicant and/or their partner and be obtained from sustained paid employment, regular self employment or regular investment income. Income earned by the sponsor or their partner from legal entities such as businesses or trusts cannot be included in the income calculation unless the income received by the sponsor and/or their partner is in the form of wages or drawings.
-written by Mark Williams, Lane Neave Lawyers
Mark leads the immigration team at Lane Neave. Having specialised in the practice of immigration law since 1999, he has extensive knowledge and is skilled in all areas of immigration law and policy. Mark is a lecturer in immigration law at the University of Canterbury and is a Director of the New Zealand Association for Migration and Investment.
