April 2021 - NZ Immigration

Some Respite For Partners And Dependent Children Of Temporary Visa Holders

Posted on April 19, 2021 by admin

Partner and Dependent Children Of Temporary Visa NZ Holder

How much you have waited to meet your loved ones! After getting the information below, a lot of families seem relieved that the wait is now over. Yes, Partners and dependent children of temporary visa holders who are currently outside New Zealand may be eligible to travel to New Zealand under this border exception category, which will come into effect on 30 April 2021.

The border exception is for the following three groups:

Partners and dependent children who held (and continue to hold) a visa for New Zealand but were unable to join their partner or parent in New Zealand before the border closed.

To be eligible to enter New Zealand under this group, partners or dependent children outside of New Zealand must hold a current visa based on their relationship with the person in New Zealand. The partner or parent must be currently in New Zealand and have 12 months or more remaining on their work or student visa when the request to travel is submitted.

Partners and dependent children of workers employed in critical health services.

Doors are now open for Partners and dependent children of workers employed in critical health services who are currently in New Zealand and hold a valid visa for 12 months or more, specifying they work in an occupation needed to deliver critical health services in New Zealand.

Partners and dependent children of highly-skilled workers

Partners and dependent children of highly-skilled workers, working and living in New Zealand on a temporary visa that is valid for 12 months or more, earning at least twice the median salary, which is currently NZ $106,080 per year, are also now eligible for a border exception.

The person in New Zealand must also meet one or more of the following:

they have unique experience and technical or specialist skills not readily obtainable in New Zealand
they have a role essential for the completion or continuation of a science programme under a government-funded or partially government-funded contract, including research and development exchanges and partnerships, and have the support of the Science, Innovation and International Branch at MBIE to carry out this work
A role essential for the delivery or execution of one of the following:

- an approved major infrastructure project, or a government-approved event or a major government-approved programme
- an approved government-to-government agreement
- work with a significant wider benefit to the national or regional economy.

In your request to travel, you will be asked to provide information from the person’s employer in New Zealand to prove eligibility.

If your request is successful, you will be invited to apply for a visa. Your visa application must provide evidence of your relationship with your partner or parent in New Zealand.

If you have any questions or require information regarding your situation, contact Immigration Advisers New Zealand Ltd at contact@nzimmigration.info or call on +64 09 3790219

Reference: immigration.govt.nz

Changes To NZ Labour Market Skills: Over And Under Supply Lists

Posted on April 16, 2021 by admin

The New Zealand Government and the Ministry of Social Development (MSD) have created lists of occupations and regions facing clear over-or under-supply of New Zealanders.

The lists are continuously updated to ensure that the oversupply and undersupply occupations are aligned to the changes in labour market conditions. In pursuance of this policy, from 16 April 2021, Immigration New Zealand (INZ) will use the updated lists to assess Essential Skills Work Visa applications paid below the median wage.

The Covid-19 pandemic has had a significant and evolving impact on migration flow and the labour market in New Zealand.

With the new changes, INZ has stated clearly that employment opportunities are to be offered to as many New Zealanders as possible.

The overseas workers may be allowed work visas where they can demonstrate that there is a genuine labour shortage. As per the already laid down policy, INZ asks New Zealand employers to list job vacancies with Work and Income to determine whether local workers can fill the role first. If that’s not possible, a Skills Match Report (SMR) is accepted in support of a work visa application.

After considering various factors, INZ has introduced changes to the requirement for an SMR for occupations on a Labour Supply List.

Labour Market List

The MSD has come up with the occupations lists and regions where there is an obvious oversupply or undersupply of New Zealanders who are available to work in those specific occupations to make it easier for employers to find the information relevant to their business.

From 16 April 2021, Immigration New Zealand will use the updated lists to assess Essential Skills work visa applications that are paid below the median wage.

Additional jobs are being added to the undersupply lists in various regions, which implies that SMR will not be required with work visa applications that are paid below the median wage. Employers will still need to advertise their job vacancies and demonstrate they have made genuine attempts to attract and recruit suitable New Zealanders.

Whereas no such improvisations are incorporated for the oversupply lists for any region. In fact, several roles are being removed from the list, and the employers will need to provide an SMR for roles paid below the median wage unless the role is on the undersupply list.

Other changes include adding the ANZSCO codes for each role to improve consistency and simplifying the steps for checking whether an employer needs an SMR.

If you have any questions or require information regarding your situation, contact Immigration Advisers New Zealand Ltd at contact@nzimmigration.info or call on +64 09 3790219.

NZQA Update: Change To Student Fee Protection (SPF) Rules

Posted on April 8, 2021 by admin

The New Zealand Qualifications Authority (NZQA) has an update regarding the new set of rules aligned for the Education and Training Act 2020 with minor correction and one rule change to the Student Fee Protection (SFP) Rules. However, it will not change the previous requirement for a student.

The new SFP Rules aimed to ensure that students should be treated equally and fairly in all the events (that included programme or training scheme) if they are not participating in a course.

As per the rule, PTEs cannot retain students’ fees on the grounds of a ‘no-show’/no-participation by a student. In this condition, they are liable to get a full refund less the statutory amount PTEs are entitled to retain.

The new SFP rule is:.

Rule 4.2

In the following situations, a Student must be treated as having withdrawn, within the Refund Period, from a course in which the student was enrolled with provider:.

(a) where the student fails to attend or participate in the course; or.

(b) where the student attends or participates in the course during the refund period but stops attending or participating in the course before the end of the refund period..

4.3 Rule

4.2(b) does not apply where the student attends or participates in that course after the end of the refund period..

As a consequence of this change, some students may decide not to contact the PTE to withdraw when they should have done so formally. Hence, this rule change will place greater responsibility on the Private Training Establishment (PTE). They will need to clearly outline their withdrawal process, including the expectation to notify the PTE if a student decides to withdraw and for the PTE to follow up with a student who is not participating to confirm their intention..

Please note that PTEs continue to be allowed by law to keep a certain proportion of the fees to contribute to their administrative costs..

The Rule change also includes clarifying that a student who attends or participates at any point after the end of the refund period will not be considered as having withdrawn before the end of the refund period. Hence, PTE must attempt to contact the student to confirm their intention, and if appropriate, notify the student that they will be withdrawn from the course and receive any fee refund they are entitled to. However, if the student participates again, even intermittently, they will not be considered as withdrawn..

If you need more information, please feel free to connect with Immigration Advisers New Zealand Ltd, talk to our Licensed Immigration Advisers and address all your concerns..

Reference: https://www.nzqa.govt.nz/about-us/our-role/legislation/nzqa-rules/.

Quarantine – Free Travel To Australia Announced, Working Holiday Schemes Deferred

Posted on April 8, 2021 by admin

As you already know New Zealand is a country that has adopted a different approach, in the sense that only visitors traveling from safe zones in Australia will not be required to enter managed isolation or quarantine on arrival in New Zealand.

The first quarantine-free travel destination in these pandemic times will be available for travel-starved people from 19 April 2021. This will allow more movement between New Zealand and safe zones in Australia. The government of New Zealand said it will open visitors’ movement between the country and from safe zones of its neighbor country, Australia.

It’s important to make a note that the border rules are subject to change so travelers must prepare for disruption to their plans keeping in mind the worst-case scenario.

Eligibility Requirement

All the immigration requirements are to be followed which includes that one should have spent a minimum of 14 days in either of the two countries.

Another good news for those who had COVID-19 tested positive, they can actually travel with a piece of written advice from their health practitioner declaring that they are no longer infectious.

However, the citizens of both countries are allowed to travel cross- borders!

Note: Quarantine – Free Travel is only permitted on commercial airlines. Border restrictions remain in place for private flights and maritime borders.

Working Holiday Scheme

On the other hand, New Zealand’s Working Holiday Schemes allow visa holders to work in and explore our country.

In April 2020, the Government deferred the opening of capped Working Holiday Schemes, as part of New Zealand’s response to COVID-19.

On 6 April 2021, the Government decided to continue deferring the opening of all capped WHS until the New Zealand border settings are such that applications can be accepted and processed, visas can be granted, and visa holders can travel to New Zealand for the full entitlement of their WHS visa.

Uncapped Working Holiday Schemes remain open to people already in New Zealand. However, when New Zealand enters a Quarantine-Free Travel Zone with Australia, eligible applicants in Australia will also be able to apply for a visa under the uncapped schemes. This would apply if New Zealand enters Quarantine-Free Travel Zones with other countries as well.

INZ continues to work with temporary migrants and sectors affected by the COVID-19 border restrictions.

If you have any questions about the Quarantine – Free Travel, please email Immigration Advisers Nee Zealand Ltd. at contact@nzimmigration.info or call us on +64 09 3790219

Ref – immigration.govt.nz & covid19.govt.nz

Sleepover hours And Minimum Wage Obligations For Employers / Employees

Posted on April 1, 2021 by admin

Update on Sleepover hours in the aged and residential care industry

Sleepover hours in the aged and residential care industry

Immigration New Zealand’s Visa Pak issue 465 dated 1st April 2021 has issued a clarification on rules for sleepover clauses in employment contracts. This immigration communique will clarify the impact on the processing of both Essential skills and Skilled Migrant Category visas.

Some employment agreements in the Aged and Residential Care Industry include a sleepover clause where the applicant is paid lesser than the standard amount (currently $25.50) for the hours where they are allowed to sleep during the shift.

Immigration Instruction SM6.20 (g) states that each hour of work must be paid at or above the applicable per hour remuneration threshold.

Some employment agreements in the Aged and Residential Care Industry include a sleepover clause where the applicant is paid below the applicable remuneration threshold (currently $25.50) for any hours the applicant is allowed to sleep during a shift. Sleepover hours are considered hours of work as the sleepover is an activity performed for gain or reward and is not an activity excluded from the meaning of ‘work’ under immigration instructions (W2.2.1). If an applicant is paid less than the remuneration threshold for sleepover hours included in their contract then SM6.20(g) is not met.

Sleepover Hours

To make it easier, let’s take the help of a hypothetical example.

Example: John works as a care worker with sleepover shifts included in his contract. During his shifts, he is allowed to sleep if his services are not required (this is allowed only under some conditions). He is provided with suitable facilities to allow him to sleep at his workplace.

This means that sleepover hours are considered hours of work as the sleepover is an activity performed for gain or reward during his work hours and is not an activity excluded from the meaning of ‘work’ under immigration instructions (W2.2.1). So, if John is paid less for these hours than the standard amount, SM6.20 (g) is not met.

As per the immigration instruction WK3.5.5 (g), payment for each hour should be at least $25.50 for employment to be identified as paid at or more than the average wage. (Refer to WK3.5.1.b).

For situations where the total wage criteria are not met, the immigration visa officer would provide an applicant with the opportunity to comment before a decision is made on his/her application. Here he or she is free to re-submit the contract without adding the sleepover clause or the employer can reconfirm the amount to be paid for sleepover hours.

If you want to know more about the sleepover hours or how it impacts the assessment of concerned visa types, contact Immigration Advisers New Zealand Ltd at contact@nzimmigration.info or call on +64 09 3790219

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Month: April 2021