The Auckland Times | Issue 168 | April 28, 2017 

The proposed changes to the New Zealand immigration policy are not only reflective of the government’s current mood and level of tolerance but also reflective of the nervousness in the type and level of current inflow into New Zealand. This pattern is mirroring the occurrence on a global platform. The pendulum has swung. Liberalism is diminishing and conservatism is on the rise as fear, security and protection considerations are the language of the day.The proposed changes to the New Zealand immigration policy are not only reflective of the government’s current mood and level of tolerance but also reflective of the nervousness in the type and level of current inflow into New Zealand. This pattern is mirroring the occurrence on a global platform. The pendulum has swung. Liberalism is diminishing and conservatism is on the rise as fear, security and protection considerations are the language of the day.

Factored into these changes and imbedded into Immigration New Zealand’s policy settings are the need to protect its borders. A very deliberate choice is being conveyed as to its desired profile of a potential migrant and weighting is given accordingly. Some of the factors that dictates are country, qualification, age group, experience and skill level with remuneration rates trumping. The policy settings have moved away from humanitarian and social considerations to a more financial and pragmatic focus. As an example, you will not be awarded points for having close family in New Zealand, you will be awarded higher points if you are on higher pay bracket irrespective of the type of role you have in New Zealand and/or skill level.

The changes are also reflective of the desire to control distribution of population within New Zealand - one is penalised for settling in the Auckland region and higher points are awarded and a softer approach taken if one is settled in the South Island.

In fact, the South Island migrant workers have been rewarded as a one-off, if one has been there for approximately 5 years on an essential skills visa and is 55 years and younger at the time of the government announcements then a two year work to residence visa is available subject to certain conditions. We call this a lottery. This is to provide a long term solution for those there for a long time and particularly those working on dairy farms. This privilege however has not been awarded to long term temporary workers in the North Island as they are many in this category and under the current changes will be negatively effected as discussed below.
The new acceptable rate of pay for migrants will now be $23.50 per hour or above for a full-time role. This rate of pay is also reflective in the government’s recent announcements for those in the aged care industry in the public sector setting thus a new benchmark, this rate of pay will eventually filter down to the private sector.

For lowly paid temporary workers under the Essential Skills category the proposed changes are drastic particularly the ability to get ongoing visas and who they can include in their application such as dependents - their partner or children in their visa application can no longer be included. The length of visa is only for one year up to a maximum total period of three years after which they will have to leave New Zealand. These changes however will not be retrospective and will not apply to those already on a visa. They are front loaded and right at the outset settlement and creation of legitimate expectation is discouraged when a long term solution is not available.

For those who have been on a temporary visa here for over 5 years, this will come as a rude shock as they have established and settled themselves in this country. Even though the proposal states it will be applicable from the next visa application. The doors will then be closed for those who cannot match the required pay rate. In effect it will be a retrospective application for this category because legitimate expectation has already been created. It is unlikely that the government will budge as the numbers that fall in this category are high and they are mostly in the Auckland region and their express desire is to discourage Auckland migration.
For the international student category there is no direct changes but the changes are wide ranging as embedded in the policy changes in the resident visa category via the point allocation. Residence is now highly priced and a high value commodity literally. Job buying and selling is likely to be curtailed but it will depend on whether sufficient carrots can be dangled and whether there is an appetite for it. Therefore in the migrant exploitation space time will tell as to how it pans out.

For the categories as discussed, these changes have huge implications, I say beware and tread carefully!

At Idesi Legal we will assist with development of an individual immigration strategy and a plan of approach. Book your consultation and please do not take gambles, waste time or be blind sided, as they say time is of essence. The government has made its intentions clear so get informed advice as opposed to the grapevine medium. Have a considered approach otherwise it will be difficult to be in control of your and your families’ future.
We at Idesi Legal have had over the many years of being in practice having to clean up cases where clients have had missed opportunities due to wrong choices. It is very unfortunate when that happens.

We then get contacted to help find a pathway or redress the situation. When we do so successfully our clients say they should have contacted Idesi Legal much earlier for assistance. This medium is to reach you if you are in this position, we may be able to assist. Our setting up of an Auckland office has been to serve this purpose.