The Auckland Times | Issue 172 | August 28, 2017 

The Government recently announced changes to the Skilled Migrant and Essential Skills policies which came into force on 28 August 2017.

The aim is said to be “at striking the right balance between ensuring New Zealanders are at the front of the queue for jobs while preserving access to the temporary migrant skills necessary for New Zealand’s continued economic growth.”

The Skilled Migrant category is in place to allow for the grant of a resident visa to people with the skills and experience with the stated aim to contribute to New Zealand’s economic growth.

The stated changes to this category is summarised “to include:

• the introduction of remuneration thresholds as an additional means of defining skilled employment
• the requirement for previous work experience to be skilled, with more points available for skilled work experience
• an increase in points for age between 30 and 39
• an increase in points for level 9 and 10 post graduate qualifications
• points for employment, work experience and qualifications in identified future growth areas, qualifications in areas of absolute skills shortage and close family in New Zealand will be removed.”

The Essential Skills category on the other hand is said to be “a temporary work visa category designed to allow employers to recruit overseas workers where shortages mean that no suitable New Zealanders are available or trainable.” Furthermore, “changes to this category aim to manage the settlement expectations of overseas workers by:

• introducing skill bands based on remuneration and ANZSCO skill level
• aligning visa conditions with the skill band assessed
• introducing a maximum amount of time visa holders can work in lower-
• skilled employment
• requiring partners and dependent children of Essential Skills visa holders in lower-skilled employment to apply for visas in their own right, rather than on the basis of their relationship to a work visa holder.”'

The Accredited Employer policy changes announcement is in respect of the period of accreditation.

The implication of the changes

The changes are wide ranging and thus has wide ranging implications. The IDESI Legal team have reviewed the changes. We conclude that anyone wishing to put in a temporary visa application or resident visa application under these instructions has to do so with a considered approach.

The changes cannot be simply read. A simplistic reading of it can lead to assumptions being made and that will be a guarantee for a disastrous outcome, such as the rejection of the application or in other words a decline of a visa application and a potential to become liable for deportation.

All we can conclude is to e beware and be careful when lodging any such application or an Expression of Interest. Hearsay, what previously could or could not be done is not a good yardstick of measure. In some instances, the changes are imbedded deep within the instructions. What may appear to be something that is acceptable is in fact not.

In the Skilled Migrant Category, the intention is clear, high remuneration trumps. These immigration instructions have been drafted with a deliberate intention to exclude some profiled groups. It has been very clearly orchestrated to do that.

This profile will include most international students doing level 4,5,6,7 in Management and those currently wishing to apply for residence under the Skilled Migrant Category as Managers. This pathway is potentially closed to them.

We cannot emphasise enough that this move by the law makers is deliberate. The message is loud and clear. Those that are using the education pathway as an immigration pathway will find that it is most likely no longer available to them.

These changes have huge implications not only for the international student market, but also on our economy. These implications may not be obvious at a glance but time will convey the truth of this statement.

If the Labour Party were to win this General Election then changes may occur to the current status quo but time will tell that tale and it is unlikely that if this were to occur that the changes will be anytime soon. For the moment, these are the instructions we have to work with!

Good advice is the order of the day. The current immigration instructions will come as a rude shock to the affected audience and some may not want to accept it and in fact may want to deny it, trying to find ways to meet the new requirements.

Due diligence is not only the prescription but is the order of the day.