Month: December 2021

RSE Border Exceptions

As per the immigration instructions, the annual limit on the number of visas issued under Recognized Seasonal Employment (RSE) capped at 14,400 for each year ends on 30^th June.  For the year ending on 30^th June 2022, Immigration New Zealand (INZ) has announced that this annual limit includes people who entered New Zealand on the RSE Limited Visa and are currently onshore and holding a limited visa on 1^st February 2022.

These instructions are effective from 2^nd January 2022.

Revised Air Border Order for Australians

Furthermore, INZ has announced that persons holding an Australian passport, or Australian permanent residence visa or Australian resident visa may be granted residence on arrival in New Zealand if they are not excluded under Sec 15 or Sec 16 of the Immigration Act 2009.  Despite this, the immigration officer may decline to grant residence to a person if they have not complied with an obligation specified in any order made under section 11 of the COVID-19 Public Health Response Act 2020.

These instructions are effective from 16th January 2022.

Teachers’ Class Exception

Additionally, an amendment has been made to the teacher class exceptions, where the eligibility criteria have been removed. The only requirement to be met is that the Early Learning teachers and Primary/Secondary teachers in State and State-integrated schools must be certificated and registered with the Teaching Council of Aotearoa New Zealand.

These instructions are effective from 16th January 2022.

If you have any queries or require assistance regarding the above information, please do not hesitate to contact Immigration Advisers New Zealand Ltd. at contact@nzimmigration.info or call on +64 09 3790219.  Our experienced team of Licensed Immigration Advisers will be happy to guide you.

Overview

Immigration New Zealand (INZ) has announced that the general instructions on the order and method of processing visa applications have been updated. This updating indicates that resident visa applications will be prioritised in date order (unless other priority criteria apply), regardless of whether the applicant is onshore or offshore.

In other words, offshore residence applications will now be allocated and processed in the same order as onshore applications unless they fulfil additional prioritising requirements.

Please read the Amendment Circular by INZ reflecting this change here for complete details.

2021 Resident Visa

INZ continues to prioritize the processing of the Resident Visa for 2021. Because of the streamlined application and evaluation process, these applications will be processed faster than skilled residence applications, such as Skilled Migrant Category (SMC) or Residence from Work (RFW), because of the streamlined application and evaluation process. As a result, INZ will handle most of these Resident Visa applications for 2021 within a year.

While the majority of the INZ skilled residence staff will be assigned to processing 2021 Resident Visa applications, they will still keep a small team of Immigration Officers on-hand. INZ will process skilled residence applications where the principal applicant is not eligible for the new 2021 Resident Visa or chooses not to apply.

INZ is giving offshore resident visa applicants more information about their possibilities. For detailed information on the 2021 Resident Visa, please read here.

Tertiary aged children will be given the status of domestic students

Beginning early January 2022, children aged 17 to 25 (inclusive) who are eligible to be included in their parents’ 2021 Resident Visa application will be considered domestic students for tertiary study until 31st December 2023.

They can apply for a dependent child student visa, which will allow them to attend any tertiary provider as a domestic student if approved.

Successful candidates may be given a visa with the same expiration date as their parents’ temporary visa or until 31st December 2023. (whichever comes first).

Enrolment Evidence

If the student wants to work part-time for 20 hours per week, proof of enrolment is required unless the applicant’s parent has previously applied for a 2021 Resident Visa that includes the applicant as a dependent (at the time of filing their student visa application).

If the applicant does not desire work rights, proof of enrolment is not necessary.

Process for the application

In the interim, applications should be submitted on paper using the INZ 1012 – Student Visa Application form. INZ is working on creating an online form for this visa.

By the 7th January 2022, an Amendment Circular including immigration guidelines will be issued.

To understand the definition of domestic student in New Zealand, please read here.

If you have any queries or require assistance regarding the above information, please do not hesitate to contact Immigration Advisers New Zealand Ltd. at contact@nzimmigration.info or call on +64 09 3790219. Our experienced team of Licensed Immigration Advisers will be happy to guide you.

The instructions issued vide this amendment circular allows changes to immigration instructions. These changes will:

• Allow eligible resident visa holders who were granted their resident visa offshore to enter New Zealand for the first time on that visa (provided the entry permission instructions which applied on the date they submitted their application allow this), and
• Make clear the policy intent of the Immigration Act 2009 (the Act) concerning decision-making for the grant of a visa or entry permission for temporary and resident visa applications.

Under immigration instructions E7.1, which deals with the processing of applications, it is highlighted that

• An immigration officer, while determining a temporary application from an offshore person, must have no reason to believe that person would be refused entry permission if the visa is granted.
• The immigration officer should also consider the most recent version of the relevant Border Entry instructions when the application was made.

In a significant clarification, a mention is made that an immigration officer, while making decisions as related to these immigration instructions, is not required to consider whether the applicant is likely to be granted entry permission as an exception to instructions.

It is understandable that with so many policy changes and the exceptions to the same, you may have questions or concerns.

If you have any queries or require assistance regarding the above information, please do not hesitate to contact Immigration Advisers New Zealand Ltd at contact@nzimmigration.info or call on +64 09 3790219.  Our experienced team of Licensed Immigration Advisers will be happy to guide you.

Refer Link

The amended instructions issued vide this amendment circular allows entry permission to be given to those resident visa holders who were granted their visa while outside New Zealand and are arriving in New Zealand for the first time while holding that visa. However, the changes have been related to those entry permission instructions in place when they applied for a residence visa.

These amendments will allow entry into New Zealand by Immigration NZ to those visa holders who applied for their resident visas before NZ Immigration put COVID-19 border restrictions.

Changes also mention that entry into New Zealand will be allowed to people granted a 2021 Resident Visa while they are outside of New Zealand.

The amendment circular mentions clearly that entry permission includes the holder of a resident visa granted while outside of New Zealand who:

• Applied for that resident visa on or before 30th November 2021; and
• Is arriving in New Zealand for the first time as the holder of that visa; and
• The entry permission instructions in effect on the date of the resident visa application allowed holders of that visa to travel to and enter New Zealand.

The entry permission covers those who applied for a resident visa on or after 1st December 2021 and were granted a resident visa outside of New Zealand under the 2021 Resident Visa Category.

However, a person subject may still be granted entry permission by an immigration officer, or by the Minister of Immigration, as an exception to instructions under s 108(9) or s109(7) of the Immigration Act 2009.

It is understandable that with so many policy changes and the exceptions to the same, you may have questions or concerns.

If you have any queries or require assistance regarding the above information, please do not hesitate to contact Immigration Advisers New Zealand Ltd at contact@nzimmigration.info or call on +64 09 3790219.  Our experienced team of Licensed Immigration Advisers will be happy to guide you.

Refer Link