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    Dilemma for Migrants in New Zealand

    Stringent border restrictions are the reason most migrants already in New Zealand have been unable to leave the country since the borders closed in March 2020 as they will not be allowed to re-enter.

    Migrants who have lost loved ones have had to say their final goodbyes over video calls and attend Zoom funerals due to this. For temporary visa holders, going home to visit terminally ill relatives or grieving with family would mean giving up their life in New Zealand as they would not be allowed to re-enter.

    In December 2020, Fiona Machin lost her father to Covid-19. She wanted to go home to the UK to be with her mother and sister during this very difficult time. However, she was advised that being granted an exception to return to New Zealand to be with her partner and daughter in Wellington were very slim. As a result, she had to watch her father’s funeral live-streamed in the early morning hours.

    Auckland-based Alan Mac Mahon was also unable to go to France to meet his father before he died as it would have meant giving up his life in New Zealand where he wants to settle permanently. He regrets not being able to meet his father to say his final goodbye.

    Until the borders reopen, the only way Mac Mohan could leave and re-enter New Zealand would be if he was granted residency. However, Immigration New Zealand has a huge backlog of applications and he would have to wait for years.

    Clinical psychologist Jacqui Maguire says when missing important life events like death and funerals, grief is intensified by the loss of opportunity to grieve together or to say goodbye. Funerals provide closure as people reflect and share stories at such events. People who cannot attend such events need to find their own way to deal with the loss.

    One South African family in Tauranga, who has been through multiple bereavements since the borders shut said not being able to support the family during difficult times was extremely hard.

    Border restrictions have indirectly affected the mental health of temporary visa holders who have been unable to leave New Zealand to bid their final adieu to their loved ones.

    Reference: click here

    NZ Residency Lost Due To Corrupt Australian Border Worker

    Kerstine May Ceballos Egot, an Auckland rest home worker and a New Zealand resident, has been ordered to leave New Zealand after unknowingly getting caught up in an Australian border worker’s scam.

    Numerous people have been affected by the scam of Australian immigration official Alex Escala Allan. In 2015, Allan was sentenced to 8 months in prison for taking bribes worth $563,290 in exchange for issuing Australian visas to 59 Vietnamese and Filipino families. In 2016, the sentence was increased to 15 months.

    Filipino citizen Egot, then 19 years old, was unaware about the fraud when she got her Australian residence visa through Allan in 2014, as per the Immigration & Protection Tribunal’s decision. Her cousin applied on her behalf but Egot was unaware that she had paid Allan a bribe.

    In 2015, Egot moved to New Zealand and was granted automatic residence due to her Australian visa. In June 2016, Egot and her cousin’s visas were cancelled after a year long investigation in Australia pertaining to Allan’s corruption.

    However, Egot was not informed about the cancellation. Immigration New Zealand came to know about her situation through a tip received but were unable to locate her until 2018 when she applied for permanent residency. In late 2020, she was issued a deportation liability notice after which she appealed to the tribunal.

    Immigration New Zealand accepted there was no evidence that Egot was aware of her cousin’s bribe or Allan’s corruption. Allowing her to stay would undermine the immigration process’ integrity considering the seriousness of the fraud.

    The tribunal’s deputy chairman Martin Treadwell agreed with Immigration New Zealand that Egot did not have “exceptional humanitarian circumstances” which would make it unjust for her to be deported.

    Egot’s appeal has been declined but has been granted a one-year work visa to get her affairs in order before leaving the country.

    Reference – Click here

    Wasted Money Could Have Helped Progress Skilled Migrants in NZ

    The new accreditation of employers which was going to be introduced on 1 November 2021 has been deferred. The New Zealand government has been accused of wasting thousands of dollars by sending immigration staff throughout the country to explain a system that it is not ready to implement.

    New Zealand Association for Migration & Investment (NZAMI) chair has stated that the deferral shows lack of planning. There were already doubts about the implementation because of Immigration NZ’s lack of staff, upgrading of its IT systems and the Government’s previous history in delaying changes.

    Immigration industry believes that the money wasted on travel could have been used towards processing of Skilled Migrant Residence applications who have been waiting for over two years to learn about their future in New Zealand. The Skilled Migrant Residence was hindered because of no funding for resourcing requirements.

    It is also believed that the other changes announced by the Immigration Minister Kris Faafoi will not solve the skill shortage problem faced by employers.

    The past rule which required employers to prove that no New Zealand citizens or residents could fill the role has been withdrawn. Only if the migrant is changing his role or region location with the employer, then the position has to be advertised. These changes are like a diversionary tactic just to show people something is happening.

    Without expansion to the current criteria, employers will continue struggling to find enough workers.

    Reference – Click here

    Skilled Labour Shortage in New Zealand – Boon or Bane?

    Finance Minister Grant Robertson states that skilled labour shortage in New Zealand is both a “good problem to have” and one that must be addressed.

    Immigration has been brought almost to a standstill due to New Zealand’s tough Covid-19 related border restrictions. Businesses across various sectors are in desperate need of overseas workers as they struggle to fill roles locally.

    It is a “good problem to have’’ as the strong public health approach taken was the best economic approach that allowed people to live relatively normal lives, although with some significant impacts.

    Robertson stated that the need for skilled labour showed the economy was growing and businesses were looking to hire staff not lay people off. It was the problem of growth that has to be addressed.

    Though the unemployment rate has fallen, there are still people who are unemployed or underutilized.

    He explained that underutilised workers were those who wanted to take on more hours but were unable and that the underutilisation rate is still high.

    Border restrictions had caused labour shortages but also allowed businesses to operate openly.

    Robertson further stated that the Government understood businesses frustrations and had taken measures such as creating a critical worker scheme, extending working holiday visas, enabling seasonal scheme workers to switch to different industries and prioritizing MIQ spots for workers.

    It also wanted businesses to attract workers through improved work conditions, better pay, flexibility and better training.

    The Government recently announced an immigration reset to up-skill New Zealand’s workforce, increase productivity and reduce the country’s reliance on overseas labour.

    Covid-19 had created a rare opportunity to reassess the economic impact of immigration.

    The business sector has become too reliant on low skilled labour and little effort is made to increase productivity through capital investment. However, he insisted that it is not Governments intention that inward migration should switch from one extreme to the other.

    Reference – Click here

    Border Exemption For Dairy Farm Staff

    The Government has decided to grant border exceptions for 200 dairy farm workers and their families, comprising of 150 Herd Managers or Assistant Farm Managers and 50 Farm Assistants (for critical need areas only).

    • It is likely to take at least 3 months from when the first application is made to DairyNZ before the migrant worker is available to work on the farm.
    • There are both employer and employee eligibility criteria to be fulfilled.
    • A prioritisation criterion will be applied if the demand exceeds 200 workers.

    The application and approval will be handled by DairyNZ and MPI. The visa processes will be handled by Immigration NZ (INZ).

    Reference – Click here

    New Leaders Help Fix Skills Shortage

    Education Minister Chris Hipkins has stated that six new groups tasked with bringing togeth*-er industry and vocational education providers now have the required tools and leadership to do their work

    The Workforce Development Council (WDC) will set skill standards, help industry plan what and how training is given and play a leadership role for industries.

    Future planning is critical to ensure training providers are offering the right courses, to get the right people graduating with the right skills to address NZ’s skill shortages.

    This includes meeting the needs of industries currently facing recruitment difficulties including IT, engineering, primary industries, building and construction etc.

    The WDC will moderate assessments against industry standards and, if required, set and moderate assessments at the end of a qualification.

    Every industry is covered by one of the six Workforce Development Councils:

     

    • Hanga-Aro-Rau Manufacturing, Engineering and Logistics
    • Waihanga Ara Rau Construction and Infrastructure
    • Muka Tangata – People, Food and Fibre
    • Toi Mai
    • Community, Health, Education and Social Services, and
    • Services.

    The WDCs will be up and running from October 2021.

    For reference link – Click here

     

    Immigration New Zealand Confirms Partners Among Visa Cancellation

    Immigration New Zealand (INZ) has confirmed cancellation of visas of people who applied for visitor visas to be reunited with their partners.

    The government decided to cancel and refund up to 50,000 applications for visitor, student and work visas. But among those cancelled temporary visas are many people waiting to join their New Zealand partners.

    This includes couples in arranged marriages who cannot meet the living together criteria which would have enabled them to apply for a partnership visa.

    The move follows a series of changes to how INZ dealt with couples who had not lived together before/after marriage, and where the partner applied to live with their spouse in New Zealand.

    A directive to stop waiving the ‘living together’ requirement led to a political storm in 2019 which finally led to a compromise.

    Immigration lawyer Alastair McClymont pointed out that the new culturally arranged visa process returned the status quo of applying for visitor visas so applicants could live with their partner long enough to prove their relationship was genuine.

    Some of those whose visas were mistakenly rejected during that period were having their cases reviewed when Covid-19 started spreading. INZ has stopped processing offshore visitor applications since the start of the pandemic unless applicants have been given a border exception.

    As a result, people on general visitor visas were unable to enter NZ once the Covid lockdown started, yet people who were actually living together in a partnership were able to enter the country.”

    McClymont also states that couples in arranged marriages were being asked to provide evidential proof like tenancy agreements and joint utility bills, which they did not have, despite INZ acknowledging their relationships were genuine, stable and long-lasting.

    An INZ spokesperson has confirmed that people applying for visitor visas in those circumstances would have their applications lapsed and fees refunded. This will not disadvantage the applications as their visa applications are currently unable to be approved due to the border closure, and they will be able to reapply with updated information once the border reopens.

    INZ also stated that it was reviewing its approach to refund requests from other visa groups, including some residence applicants.

    Reference – Click here

    Bureaucratic Battle To Get Visas Extended Despite Labour Shortage

    Migrant workers already in New Zealand are struggling to get visas renewed on time to take up work for the calving season, which is beginning.

    The Clark-Watts couple arrived in New Zealand in February 2020 on a working holiday visa, just before Covid 19 border closures. They did not qualify for a visa extension but were instead approved a Supplementary Seasonal Employment (SSE) visa after an employer sponsored them. Recently, they had extensions to those visas approved under the direction of Immigration Minister Kris Faafoi

    The couple has been working all over the country to fill labour shortages.

    A trained primary school teacher, Clark had applied for a skilled migrant visa prior to the extension for SSE visa holders being announced last month. Immigration advised her not to withdraw her application until her extension had been confirmed, which was due to happen on June 25.

    The confirmation never came. Instead, she was placed on an interim visa which did not allow her to work. At the same time Watts was granted the extension for his seasonal work visa, and his essential skills visa application was withdrawn. The couple is confused why the husband was not placed on an interim visa.

    Clark was thankful for the last-minute approval, which meant the couple could work the calving season. They feel the process should be streamlined given the severe labour shortage. Australia and Canada had a made it much easier for migrant workers.

    Federated Farmers immigration spokesman stated visa processing was taking seven to eight weeks. Calving was already happening in some regions.

    Applications for visas for 200 overseas dairy workers under a border exception were now open, as per a statement from Dairy NZ.

    Dairy NZ will continue to ask the Government to allow class exceptions to have their own allotment of managed isolation and quarantine spaces and to urge it to fast track residency applications for migrant workers on dairy farms. Both of those processes are very important to retain foreign farm staff in New Zealand.

    Reference – Click here

    INZ Evaluates Hundreds Of Visa Applications Mistakenly Cut Down

    According to the immigration policy of 2018, a three-year post study open work visa is to be granted to students depending on their level of qualification.   Under this policy, there is no requirement for an employment/job offer letter.

    Under the same criteria, many students applied for a three-year work visa. Then a policy favouring more “skilled” students came into effect in November 2020. 

    Students were happy and waiting for the final call from the Immigration New Zealand (INZ) office. However, immigration officers misinterpreted the policy and granted only a one-year visa to such students.

    Two students filed a complaint regarding the same because they had visas on August 8, 2018 and met the criteria to receive the three-year open work visas but were instead given a one-year visa.

    Both students’ complaints were investigated together by the ombudsman chief as they were made on the same basis and it was concluded that NZ Visa officers had not followed the actual policy.

    Subsequently, INZ said it had amended its guidance to officers to accurately reflect the Cabinet’s intention and extended both complainants’ visas for a further two years.

    At the time of the ombudsman’s investigation, Immigration NZ identified about 500 more people in a similar situation as the two complainants who may have been given shorter visas than they were eligible for.

    Immigration NZ border and visa operations head Nicola Hogg while discussing the issues with one of the media houses stated that after looking at the matter more closely, it had reduced this number to 265 that may have been wrongly given shorter post-study work visas. 

    She further said that after the department was notified of the first complaint made to the Office of the Ombudsman in June 2020, “immigration instructions were amended to reflect that only those studying an eligible qualification would be granted a two-year or three-year post-study work visa and a public clarification was issued”.

    INZ is in the process of identifying and rectifying the visa validity issue.

    For reference link: Click here

    Restaurateurs In New Zealand Affected By Border Restrictions

    Across New Zealand, thousands of restaurateurs turned off their lights for a few minutes on Tuesday 6 July at 11.30 am to protest the Government’s immigration policy, which excludes the hospitality industry from employer-assisted visa extensions.

    The restaurant industry is facing a critical labour shortage due to the ongoing border restrictions. Three Auckland restaurants will be closed for two weeks due to staff shortage during school holidays.

    Restaurant Association chief executive Marisa Bidois​ said most of the temporary visa-holders were on Essential Skills Work Visas and there was still no plan to extend these.

    Though the Government has extended Working Holiday Visas, it is not enough. The Association is calling for urgent additional visa extensions for Employer Assisted Work Visa holders currently in New Zealand, border exceptions for critical workers from the hospitality industry and extended working hours for Student Visa holders.

    In response to the protest, Immigration Minister Kris Faafoi​ stated that the government regularly reviews and adjusts border settings.

    About 10,000 Working Holiday and Supplementary Seasonal Work Visas have been extended. Open work rights have been given to supplementary seasonal employer work scheme visa-holders, allowing them to work in any sector, including hospitality.

    Also, the duration of Essential Skills Visas for jobs paid below the median wage would be increased from six to twelve months, to align with pre-Covid settings.

    For reference linkClick here

    No Quick Fix For New Zealand’s Labour Market Mess

    The Covid-19 pandemic has put everything on hold – especially businesses. In the ongoing situation, no one wants to run/start a new business. Some of the well-established and old businesses are also struggling. Most companies are waiting for long-term solutions as no one can rely on continued availability of migrant workers due to closed borders and frequent shifting of goalposts by Immigration New Zealand (INZ).

    The government is working continuously to formulate new policies to boost kiwi employment that will favour local recruitment. For example, in October, the Ministry of Social Development (MSD) changed the process for hiring migrant workers under the Essential Skills Work Visa category.. To give Kiwis the first crack at jobs, the MSD created regional lists of occupations with an oversupply of local job seekers.

    To concur with this, MSD said they would issue a skills match report to support an employer’s visa application for migrant workers to rectify the previously failed list. On the other hand, companies say that under the revised system, the MSD rarely provides skills match reports to support visa applications if the role remains on the oversupply list.

    No one knows when this tug-of-war will end as COVID-19 is getting stronger day-by-day with new variants emerging.

    For reference linkClick here

    Hopelessness And Frustration Due To Continued Suspension Of Parent Residence Visa Category

    In 2016, Immigration New Zealand suspended the parent category visa, which put many parents in a dilemma. However, in 2020, the government re-opened the programme along with another 1000 visas.

    Migrants who have waited more than five years to have their parents settle in New Zealand are calling for the government to front up on when residence applications will restart.

    More than 8500 parents of overseas-born residents and citizens are among more than the 5000 Expressions of Interest (EOI) for residence that have been filed, but no one is being selected to apply.

    The process was suspended at the same time as Skilled Migrant Residence Selections. In a statement, a spokesperson for Immigration Minister Kris Faafoi said the government continued to assess when EOI selections can take place but added that there was no timeframe on when decisions would be made.

    Reference: Click here 

    10,000 People On WHV Given Extension, Border Exemptions For 200 Dairy Farm Workers And 50 Veterinarians

    Immigration Minister Kris Faafoi has announced that the expiry date of 10,000 people who came to New Zealand on a working holiday or seasonal work visa has been extended by six months to address labor shortages.

    They would also be granted open work rights by being able to work for any employer in light of a shortage after their original visa expires.

    Agriculture Minister Damien O’Connor has also announced that from the end of December, border exemptions are being granted to a further 200 dairy farm workers and 50 veterinarians over the next year in order to help relieve staffing issues.

    The border exception has been allowed for 150 dairy farm managers (earning more than $79,500) and 50 workers who make above the median wage, as well as veterinarians with at least two to three years of experience.

    Employers will need to foot the bill for MIQ stay and pay the workers’ salaries for those two weeks. The government seems to be under pressure to do more for split migrant families: workers on visas who were not able to bring their family members with them due to the border restrictions.

    Reference Link –  Seasonal Work NZ Updates