Category: Student Visa Related

Last week the Tertiary Education, Skills and Employment Minister Paul Goldsmith has released the draft New Zealand International Education Strategy for consultation. The final date for the consultations to close is 31 August 2017, and a final strategy is expected to be published later this year. The Government through this consultation process is now hoping to get a series of feedbacks from various stake holders about how the proposed strategy aligns with its priorities.

The draft strategy per se sets out the government’s proposed vision, goals and immediate priorities for international education through to 2025. It also quite clearly endeavours to squarely bring the focus on ensuring that New Zealand continues to genuinely benefit from international education within the regulated boundaries that ensure quality education and student wellbeing.

The main inputs for this draft have been provided by the sector itself, including an online survey and a series of workshops in 2016. The draft strategy sits within the Government’s broader strategic direction for education and the economy and aligns and reflects the Trade Agenda 2030, the Business Growth Agenda, the Tertiary Education Strategy and the New Zealand Curriculum’s focus on international capabilities. An effort has also been made to seek alignment with the other related strategies including the Tourism Strategy and Education System Digital Strategy.

A quick analysis of the draft strategy indicates that the relentless efforts of various associations like NZAMI have ultimately paid off, and the Government has not only recognised the need to clarify the support given by various agencies but also taken steps to ensure that regulatory levers are aligned. However, what remains to be seen is how effective the implementation be in context of the lessons learnt in the last few years around previous such strategies and policies.

It is quite apparent that the immediate priorities, which are laid out in the draft strategy are likely spin offs from what has gone wrong in the last few years, and the fact remains that the recognition of these priorities has been there in the environment for some time now. Therefore, one can only hope that the timing of this strategy is right and the Government will be able to achieve the goal it has set for itself.

Internal Administration Circulars (IAC) of Immigration New Zealand (INZ) provide information for immigration staff on procedural and process issues.They generally provide clarity of the instructions contained within the INZ Operational Manual.

Few of the important points of INZ Internal Administration Circular No 16/02 regarding Immigration Advice are reproduced here for your easy comprehension.

When can a person who is not licensed or exempt is deemed to have given immigration advice?

A person is providing immigration advice if:

• The person is using or purporting to use knowledge of, or experience in, immigration; and
• The knowledge or experience is used to advise, direct, assist or represent another person (whether or not for gain or reward); and
• The advice, direction, assistance or representation (whether directly, or indirectly) is provided in regard to an immigration matter relating to New Zealand.

Who cannot give immigration advice?

Employers, recruiters, education providers and travel agents/sellers are not permitted to provide immigration advice, unless licensed or exempt.

They may complete an applicant’s form under the applicant’s direction, but cannot use their knowledge or experience to give the applicant advice about any immigration matter, such as:

• What supporting documents they might need.
• How they should answer a question in the form.
• How they should answer any follow-up questions from INZ.
• What type of visa they may be eligible for at a later date.

When does INZ have reasonable grounds to believe that someone other than the applicant or a licensed or exempt immigration adviser has given immigration advise?

If someone other than the applicant or a licensed or exempt immigration adviser is listed as the contact for communication, that person must not provide immigration advice.

Immigration New Zealand may have reasonable grounds to believe that a contact for communication who is neither licensed nor exempt is providing immigration advice if:

• The contact for communication makes a substantial request or submission on behalf of a client, such as requesting an extension to a deadline or responding to concerns around Potentially Prejudicial Information (PPI).
• The contact for communication has previously provided immigration advice.
• The contact for communication’s website/advertising contains immigration advice, or claims that the contact for communication is an immigration adviser.
• The client or a third party informs INZ that the contact for communication has provided immigration advice.
• Media reports, websites or other sources claim the contact for communication is an immigration adviser.
• A travel agent is unable to produce evidence of having arranged flights and/or accommodation.
• An unlicensed offshore student visa immigration adviser submits an application for a visa other than a student visa.

Ref :Policy and Law – www.immigration.govt.nz