by Myer Lipschitz
26. June 2009 05:48
As I am licensed to provide immigration advice in both New Zealand and Australia I'm often asked the question as to which country it's easier to immigrate to and as my fellow director Colin Adno is fond of saying it's easier to qualify in the country in which you meet the immigration policy.
To the uninitiated this may sound axiomatic however if one were to adopt this viewpoint one would assume that the settings of immigration policy achieve the desired outcomes and this is far from the case.
The architects of immigration policy seem to exist in a state of flux fluctuating between designing an objective set of policy criteria [so as not to give the decision-makers too much discretion] and allowing the decision-makers freedom to make common sense decisions that will provide good immigration outcomes.
The architects always seem to favour a model of objective criteria versus common sense decision making. Probably to avoid accusations of inconsistency in decision-making. The more objective the criteria for decision-making the greater the propensity for absurd decisions. At Immagine Australia Immigration we are fond of espousing three golden rules:
1. Assume nothing;
2. Suspend all logic;
3. Just when you understand the rules they change them.
Having said all of the above the major differences between Australia and New Zealand's immigration policy seemed to be as follows:
Migrant Age:
New Zealand -- age limit of 55 for skilled migrant category whereas Australia has a cutoff age of 44 for the skilled category
New Zealand -- no age limit for long-term business visa's but Australia has a cutoff age of 44 for non sponsored business visas and 54 for state sponsored business visas
English language requirement:
New Zealand -- compulsory
Australia -- compulsory but also adds points depending upon levels of proficiency
Family members:
New Zealand -- under New Zealand's skilled migrant category the definition of family members tends to be more narrow than Australia and having family in New Zealand counts for a lot less than under the Australian skilled migration model. Family members in the Australian model can be as distant as first cousins and family members play a greater role often reducing the required pass mark by 20 points equating to a 16.6% lower threshold that needs to be met than for those without family members.
Money:
New Zealand's business category [long-term business visa] does not require any specific amount of startup capital. Once one has operated the business for a period of two years on long-term business visa one can apply for permanent residence under the entrepreneur category with a relatively low requirement that the business must be benefiting New Zealand and profitable or capable of becoming profitable.
Australia on the other hand only allows certain types of applicants such as business owners, senior executives, senior managers and investors to apply for a business visa and certain thresholds must be met in terms of an applicant's business background [often factors such as the turnover of the business, size of business and position occupied are of fundamental importance in determining who is eligible to apply for the provisional visa.
The Australian provisional visa is issued for a period of four years [as opposed to the three year period in New Zealand] but then the threshold for obtaining permanent residence once the business has been operated for two years in Australia is often higher with minimum requirements as to turnover, the value of assets and staff members coming into play.
Returning residence visas:
One can qualify for an indefinite returning residence visa in New Zealand enabling applicants who have spent as little as 12 months in New Zealand since a residence permit has been issued to qualify for an indefinite returning residence visa allowing them to live overseas for an indefinite period of time but always return to New Zealand as a resident permit holder.
In Australia returning residence visas are issued for a period of five years. Extensions are obtainable by living in Australia for a period of two years within that 5 year period or alternatively having close ties to Australia. These returning residence visas are only issued for five years at a time.
Conclusion
A man once asked Abraham Lincoln how long a man's legs should be. I don't know what prompted the question but Abraham Lincoln's answer of "long enough to reach the ground" was eloquent in its simplicity. As to whether it's easier to meet New Zealand versus Australia immigration policy very much depends upon the parameters of the policy and the attributes of the applicant.
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