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Posted by Iain on July 3, 2020, 12:29 p.m. in Immigration New Zealand
What is really going on with the skilled migrant category and the ever growing backlog of cases?
Never has a queue been the subject of so much speculation and intrigue. Calls are growing louder for the government to front. To tell the truth. Hardly a day goes by without one media (mainstream or social) or another speculating on the cause of the skilled/business stream processing delays and backlogs.
I place little stock in the opinions of those on Facebook, migrant chat groups, online forums, ‘ethnic’ radio stations and even less so the MSM to actually get the answers people are looking for.
I’ve been trying for weeks to try and get a straight answer on what is really happening. I think I’ve worked it out and it is, for the most part nothing to do with ‘rising demand’.
On the one hand we have the ‘Ghost’ Minister of Immigration, using the coronavirus and the lockdown as the reason for processing delays despite the backlog and processing times being the same for the 12 months pre - lockdown as we are being told they will be post. He is either lying or just doesn’t know what is going on.
I have been engaging with a senior official on this question, who I am not going to name, nor reveal the designation of, but this person should know exactly what is going on on the ground and more importantly, is what in the media world would be called a highly reliable source.
This week I was advised that there are 14,000 skilled and business stream applications sitting in the unallocated queue, awaiting subsequent processing. This includes skilled migrant category applications (points) and those applying under the Residence from work (talent) sub streams. It covers a handful (low hundreds) of business and entrepreneur resident visa cases.
Each resident visa application historically represented 2.1 people so it means, in rough figures, there’s about 30,000 people sitting in the queue waiting for their residence to be allocated and processed, that this Government invited and encouraged to file their application.
I was advised, that when the previous residence programme ended in December 2019, INZ put it to the Minister of Immigration that unless they were advised otherwise, they’d assume the targets/quotas would be rolled over for the next 18 months. The Minister apparently responded with ‘Noted’.
That means INZ has given itself a target of 30,000 skilled and business resident visas for the period January 2020 to June 2021 to approve and issue. That’s roughly 14,000 applications over the period - the same number as the people currently sitting in the queue.
The current two year backlog only started to grow when INZ stopped allocating cases in December 2018. Prior to that it sat around 6-8 months.
Of the 14,000 cases on hand this month, only 600 are currently identified as ‘priority’, defined as those that have the principle applicant earning $51 per hour or who work in an occupation in NZ requiring statutory registration. Even these are now taking months to be allocated.
Virtually no ‘non-priority’ cases have been allocated for processing since December 2018 despite MSM reports. Occasionally some are but we have been advised by the Residence Visa Operations Manager that such exceptions are ‘rare’ and the numbers ‘small’. One assumes statistically insignificant in the scheme of things.
As recently as this week the Minister of Immigration publicly stated that the ‘non-priority’ queue is also moving. He is, once again, either uninformed or embellishing the facts.
The bit I cannot work out and even my source cannot (or will not) clearly explain is why, when the numbers of priority applications sitting in the queue is only 600 (representing around 1,400 people) we are constantly told (officially and very publicly) that no ‘non-priority’ cases are being allocated, processed or approved by INZ.
At the same time my source tells me they are ‘on track’ to issue and approve ‘up to 30,000 resident visas’ by June 2021, but the truth is that they have only been processing the priority cases since December 2018.
The math doesn’t add up.
That’s only 40 odd cases a month being allocated. If that’s all they allocate and they approved every single one they won’t hit 30,000 resident visa approvals, they’ll hit 1400 over 18 months. That’s hardly being ‘on target’.
Even more curiously, these priority cases are spread across something like 50 case officers. They should be able to get through 600 cases in a month! And will have to to get anywhere near the target they claim to be on target to deliver.
I suspect a significant part of the answer is it is not that demand is exceeding the supply of places, as the Government and INZ has been telling us for the thick end of two years, it is, incredibly, that the department lacks the intellectual capability to process most of the cases on hand. They don’t have the knowledge and experience.
I believe that is the real reason for the increasing backlogs. A significant percentage of the case officers are not ‘fit for purpose’. I have all but been told that by my source.
We were intrigued and alarmed to learn a few months ago that within the so-called priority queue there was also an unofficial sub-priority queue covering teachers and ‘health workers’. We couldn’t understand why there needed to be a priority queue within a priority queue. After all, all those people were on long term work visas and were not in any meaningful way in need of urgent processing. Certainly no more urgent, than say, applicants sitting on fixed term 12 month contracts (fine for a resident visa and points) and whose resident visas are not going to be allocated, processed and approved before they lose their jobs and with it, residence.
When pressed on what the justification was for a queue within a queue, my source has suggested these are, in large part, being used for training purposes because, I imagine on any visa scale of complexity a Teacher, working in NZ, is a less complex type of application for someone fresh faced, inexperienced or out of their intellectual depth to process. That's an incredible suggestion.
I think, although the source will not absolutely confirm (because this reflects pretty poorly on management as well), the real reason this backlog is growing is primarily because the managers do not believe the skills exist across the processing teams to accurately and efficiently process the cases. So the ‘easier’ ones are taking precedence. Not because they are more ‘valuable to NZ’ as INZ has told us more than once, but because they are usually less complex.
It seems then your chances of residence is now based primarily how complicated your case might look to INZ.
Adding to all of this is the fact that the previous Government cut the numbers of visas they were prepared to issue (paradoxically as the economy boomed and skills shortages worsened) and the current Government cut them even further for political reasons (to the current unofficial 30,000 people every 18 months).
The pass mark to be selected from the skilled migrant pool did not increase when both governments cut numbers as it needed to in order to not invite more people to apply for residence than there were places available. That of course, in a booming economy would have created a whole different set of issues but that is for another day (and Government policy review on the folly of a points based system in a labour market driven policy). The point is, two years ago the pass mark should have increased, or the processing backlog would inevitably grow as there is a maximum number of resident visas that can be approved.
‘Demand’ is being used now as an excuse by officials and Ministers but it is a red herring. It’s a smokescreen that no one has been able to see through. Until now.
Even with the lower target put in place by the current government the ‘backlog’ was only 6-8 months to allocate cases, so the numbers flowing into the system has not increased to the point where cases should be taking four times longer even to be allocated.
The department’s own numbers prove that is a lie.
There is now 3000 EOIs sitting in the pool. My source has confirmed that number and acknowledged that the processing ‘can’ is simply being kicked down the road. INZ doesn’t want these EOIs selected because they don’t want more cases flowing into the system because with every one that is, it makes INZ look even more hapless. And exposes the Minister and Government to more accusations they are missing in action. They aren’t chasing (another) crisis.
With INZ back at work after having to sit at home twiddling their thumbs while the rest of us were left working during lockdown, pool draws have not resumed. We were told they were stopped during lockdown because INZ wasn’t able to work.
Why hasn’t the selection resumed given INZ has been back at work for a month?
My guess is, with the shine coming off this government over border and quarantine botch ups and 8 weeks out from the election, when their (commanding) lead in the polls is falling, they will not authorise the resumption of pool draws till the election is out of the way. They are desperate to make immigration a non-issue during the election. And INZ management is not about to make themselves look any more useless than they look now by backlogs getting even worse.
INZ is never going to admit that the truth behind the backlog is a failure to have enough immigration officers with the experience, knowledge and intellectual capability to do their job. Managers clearly lack the confidence to give more than a case or two a week to these officers because they apparently believe they will make poor decisions and need a whole lot of babysitting and training.
The tens of thousands of migrants (being real people, not economic ‘widgets’) sitting in that queue, living day to day, hoping they won’t lose their job, who gave up everything to be part of this Government’s (unofficially official) programme, who were selected and invited to apply for residence by demonstrating a prima facie claim they met the criteria for approval, who have been charged $3000 plus per family by Government for the chance, are being treated with contempt.
Victims of gross political and bureaucratic mismanagement.
This is a growing scandal that the government hopes desperately to keep the lid on till after the election.
They will if we all let it.
Until next week.
Posted by Iain on May 29, 2020, 2:47 p.m. in Immigration New Zealand
This week the Director General of Health, clearly our de facto Health Minister during the Covid-19 crisis given the ongoing absence of the elected one, made an interesting and telling comment - virus testing was moving from the community to the border. The obvious conclusion is that with there being only one person left in the country with the Coronavirus this week and no new cases being reported and community transmission halted, this was the clearest signal yet the government is looking to start to gradually re-open the border.
So who might stand to benefit and who might be allowed in?
Seems to start with being a movie mogul with the Minister responsible for ‘exceptions’ to the border closure announcing this week that the crew required to complete the ongoing filming and production of the Avatar sequel are to be allowed in. Apparently they have special skills we do not have here which is doubtful given the size of the local movie, television and commercial production industry.
What of the thousands of other highly skilled workers we still need on the farms, in IT, education, biotech, trades and Engineering - many of whom still have jobs but are either trapped offshore or are in New Zealand with work visas in process?
I can imagine that the next cabs off the rank will be the hundreds of current work visa holders who still have jobs here, had been working here, but who were overseas when the border shut down. Strangely they are still not allowed to re-enter the country despite many of those quarantine hotel rooms now sitting empty.
At the same time those with valid work visas (but who hadn't taken up the job in NZ when the border was closed) should in my view be allowed to enter along with their families. We represent many - IT Security Specialists and Vets to name two - who work in areas of absolute skills shortage who are marooned offshore, leaving local employers tearing their hair out. All our clients have been invited to apply for residence but are unable to take up their respective jobs. All are resigned to 14 days quarantine if that’s what it takes.
Joining them should be partners and children of international student and work visa holders where the student or work visa holder is already in the country. This group was listed among those who could apply for exceptions to be allowed to enter the country when it went into lockdown in March but who were quietly dropped off that list within a fortnight. This has meant hundreds, if not a few thousand, people have had their families torn apart with no end in sight. If the primary applicant is in New Zealand and is still on a valid work or student visa, and in the case of those on work visas, has a job, it is only right (can I say ‘kind’ one more time?) their family should be able to join them.
Then, everyone else.
Tourists I imagine need not apply till there is a vaccine or they are prepared for two weeks of staring at the four walls of a hotel room in quarantine (potentially at their expense) if they are tested on arrival and found to be positive.
I am not saying this will be the order or when it might happen. I do not know and apart from that one telling statement from the Director General, the government has, typically, been silent. I expect however that they will make some announcements over the next couple of weeks.
In a demonstration of how low on the Government’s priority ‘to do’ list immigration really features, what did send a chill down my spine was when, finally, at a press conference this week the PM was asked how a person who seeks to enter the country while the borders are closed should be expected to demonstrate ‘compelling and exceptional humanitarian circumstances’ to get a precious exemption when the form they have to fill provides them 60 words to do so (that’s less than the length of the sentence you just read), she scrunched up her face in quizzical fashion, as she tends to do, and said she wasn’t aware of that but would ask her (ghost) Minister of Immigration why this is the case. Nice deflection Jacinda, but here we are, several days later, and the form hasn’t changed. Did all those Avatar movie makers have to explain in 60 words or less why they should be allowed in?
On the home front we are starting to see the immigration department get back to work and back to their bizarre assessment ways with some new tricks.
I have written previously, that the department was about to ‘go hard and then go even harder’ on new Essential Skill Work Visa applications. They haven’t let me down and have come up, it seems, with some inventive but typically illogical and stupid methods to ensure as few work visas are issued as possible.
For any typical work visa applicant it has always been a requirement that the employer demonstrate a genuine effort to recruit locals for a position and to prove why they cannot train someone for the role. Fair enough - with local unemployment looking to spike to 8-9% by the end of June before starting to fall depending on whose thumb suck predictions you run with — it should be New Zealanders first. Every Government, everywhere, thinks likes that.
Trouble is when you ask a bureaucrat to start applying an otherwise reasonable thought, requiring some exercise in discretion, they tend to go to extremes while their ‘managers’ sit back and watch them do it (Managers inside this department can’t tell anyone what to do you see. Fact).
Already this week we have seen two clients, both highly skilled and specialised receive ‘letters of concern’ (identical to one another it should be noted confirming already this isn’t an ‘each case on its merits’ process) in which the case officer wants to know what current advertising the employer is doing to fill the role.
What employer follows a recruitment process of advertising, evaluating CVs, creating a short list of potentially suitable candidates, conducts interviews, selects one, formally offers a position and then continues to advertise the role? In which part of the universe does that ever happen?
Unfortunately some well-intentioned fool in Wellington sent out the following message in a recent guidance and as usual this has been taken, twisted, misinterpreted and then, like a virus, infected all case officers:
'Immigration officers should not specifically request that employers re-advertise a role (as this is not a request for information) though employers may choose to do this if an immigration officer is not satisfied that there are no New Zealanders available and that immigration instructions are not met'
Breaking that down it is clear that immigration officers are under no obligation to request, nor even suggest, that employers re-advertise a role... yet that is precisely what, in the only two cases we have received letters from INZ over work visas this week, they demand.
'Please send the following:
Updated advertising information to show there are no New Zealand citizens or residents available to do the work on offer and genuine attempts to attract and recruit suitable New Zealand citizens or residence class visa holders for the role have been made'
Identical letters. Neither officer bothered to explain why they are not satisfied that there are no New Zealanders available, just cut and pasted an identical templated letter that burbled on about the Coronavirus, local labour market softening, times are a changin' and then, as they tend to do, taken a one size fits all approach and demanded evidence of updated advertising.
Which begs any number of questions.
Why were they not satisifed with the genuine efforts made by the employer?
What evidence does the department have of current vacancies in that particular field? Are they up, down, sideways? What is the short, medium and long term labour market outlook for, say Veternarians in NZ or IT Security Specialists?
Given the employer had done all that immigration rules demand, in an often lengthy and comprehensive process leading to their decision to offer a migrant a job, if they do now run another advertisement online for a week or two, start the process over again but reach the same conclusion and (re)offer the job to the same non-resident, is the case officer going to accuse them of not making 'genuine efforts' the second time around and still not being 'satisifed' no New Zealander should be available?
I believe they are stupid enough to do it because they have clearly got it in their heads that they should be demanding new advertising to make sure a Kiwi steps forward. All in an effort to find a way, any way, to decline the work visa.
Honestly, I despair. If the advertising programme run by the employer finished, say, less than two-three weeks before the work visa application was assessed by an officer, why would INZ demand new advertising? Is the labour market going to shift seismically in 14-21 days?
If the advertising was completed before the country went into lockdown and jobs starting being shed locally I can better understand the employer being encouraged to have another crack at advertising OR INZ doing its own labour market research.
And if they are going to demand real time labour market testing, isn't the onus on the immigration department to receipt an application and assess it the day the application was filed? These applications can sit around for weeks in the best of times before case officers bother to look at them. They are seriously expecting employers to wait weeks until it is assessed, before getting this 'please advertise again' letter, then advertise again (which to do properly will take weeks), only to have some immmigration officer tell them that 'at the time of assessment' (not lodgement) 'I am not satisfied there may not be a local available'? Probably... because that's how they think. And it clearly what they have been told to do.
Is this a covert way of shutting down the skilled migrant residence programme without publicly announcing it?
I seriously doubt it - work visa rules exist in isolation from skilled migrant residence rules and I haven't ever come across a senior manager inside INZ who sees any connection (despite both visa outcomes relying on the same job offer, one which is labour market tested and one which is not), it seems to me to simply be another glaring example of a bureaucracy that makes decisions in a reality vacuum with no real understanding of how the real world operates and real businesses operate within that world.
The border might be about to open up a smidge but I fear the visa madness is only just the beginning.
Post script: Last week I wondered if those sitting in the Skilled Migrant Residence Visa processing queue, whose visa INZ hadn't got round to processing or approving when the lockdown started, might be treated with kindness and as part of the 'team of 5 million' if they lost their job, the conditions of that job (such as hours or effective hourly rate) changed such that they are no longer entitled to 50 or 80 points. INZ had this to say today:
'The conditions in a work-to-residence work visa or a job offer associated with a skilled migrant category visa application must be met for the applicant to be eligible for residence.
'Must be met'. Meaning if you have lost your job, do lose your job, have your hours and or have your pay cut then you are screwed.
My question of last week appears to have been answered and so much for all being in this together. Migrants might well be out in the cold and are not considered part of the 'team of 5 million' and are deemed expendable.
Until next week
Posted by Iain on May 14, 2020, 4:48 p.m. in Immigration New Zealand
The Immigration Department has confirmed that from Thursday 14 May, in respect of their onshore offices (only) they were back to work with around 70% of the staff in the office. Offshore offices remain closed.
The reason given for 30% of its onshore staff not being present at work in NZ today is because they may have children and or an "underlying health condition”. Give me strength.
Given schools are back on Monday, they will lose the ‘childcare’ excuse. It's funny that my staff that have children have been working right through the lockdown from home, balancing home schooling, relationships with partners, not being able to get out (or away) and dealing with the mental and physical pressures that has come with it. Along with feeding the cat. Interesting isn’t it how differently the private sector with the discipline and constraints of competition acting upon it, reacts in times of crisis, from those whose jobs are guaranteed by Government and funded by my taxes.
I, and a few others, continue to call for an audit of this department or at least a public inquiry. The Department was in chaos before the virus landed on these shores and it has become an unmitigated disaster since. I am expecting shortly to be told they are suspending all EOI selections under the smokescreen of the virus. The chaos, to be fair, has not been all of their own making. The Minister of Immigration has been missing in action for over two years and there has been no residence program in place since December 2019 when no one had even heard of this virus.
The Department has publicly said that they are back to processing residence applications with the same priorities that existed before the lockdown.
Those of you who have a skilled migrant category application sitting in the queue, priority will continue to be given to those who have claimed points for high salary ($51 plus per hour for the majority) and/or those who have claimed points for a job in New Zealand in an occupation that requires statutory registration.
And in a sign of things to come, the Immigration Department ‘communications’ people, sent out an update Wednesday this week, in effect firing a shot across the bow of the immigration advice industry. They have helpfully, just in case we haven't been reading the news, reminded us that unemployment in New Zealand is increasing by several thousand people a week (and that is with a wage subsidy in place).
That means greater scrutiny is going to be placed on Essential Skills Work Visas in particular. It has always been the case that those applying for an Essential Skills Work Visa, have that job tested against the local labour market. That is to say if the Department believes that a local "should" be available to fill that position the Work Visa should be declined. It doesn't matter if no New Zealander applied, or if those that apply don’t possess the skills/attitude/work history the employer requires, only that the immigration officer might conclude a New Zealander ‘should’ be able to do the job.
No doubt the acid will also go on employers to demonstrate they ‘should’ not be able to train someone to take up the role as well.
These are not new criteria, they have always underpinned and informed decisions on work visas. Since skilled unemployment dropped effectively to zero a few years ago and the country was advertising thousands more jobs than we had bodies to fill them, most immigration officers were not, at least in the case of our clients, routinely questioning whether there were locals available because demonstrably there was not. The labour market was that tight pretty much across the board so the labour market test was often applied ‘lightly’.
With unemployment peaking around 9% by the end of next month, before, Treasury heroically predicts, trending down to 4.2% in 24 months and with an election just around the corner, the scrutiny paid to the employer’s ‘genuine efforts to recruit’ is clearly going to increase.
My fear, and it is shared by those industry colleagues I've been in close contact with during the lockdown, is that in typical fashion we can expect the bureaucrats will take this signalling to the extreme. Many of us believe the default position will be to decline the Work Visa unless there's compelling evidence not to. Let's just say, we understand the culture and we know how they think.
This might even extend to people sitting in that skilled migrant residence queue waiting for Government to tell INZ how many resident visas it can approve this year and whose work visas might expire before a decision can be made. INZ, if they wanted to, could decline applications for ‘extensions’ to work visas on the grounds the incumbent ‘should have trained up a New Zealander’, the skilled migrant would then lose their job and the resident visa application must be declined given without that job they no longer score sufficient points. I should point out that today, the rules allow for a 12 month ‘extension’ to a work visa if someone is sitting in that queue. Whether that proves long enough remains to be seen.
There is no labour market test on a skilled migrant residency application. That is to say the government does not care whether you are "taking a job” from a New Zealander or not. They will still give you residency.
The problem for skilled migrants now is time. In a perfect world those of you that are organised (like our clients) could secure a job, be selected from the skilled migrant pool within days, invited to apply 24 hours later, file a resident Visa application within 24 to 48 hours of that and if the application is low risk, the Department could (should!) process and approve the residency within a few days. Therefore within maybe three weeks of getting a job offer residency could/should be granted. No work visa would even be required.
Alas owing to the incompetence of the department and ever shifting political priorities (or as we have seen over the past 6 months, political silence), this has never happened. So virtually all SMC resident visa seekers have required work visas which apply different and tougher criteria.
Work Visa policy then has always undermined the government’s own skilled migrant residency objectives. No government has ever addressed that conflict. There are obvious simple solutions but that is for another blog.
What is quite clear is that these work visas are now going to become harder to get until we see unemployment back to the levels of recent years.
New Zealand continues to have critical skill shortages and will do coming out of lockdown and in the months that follow. We can now increase funding for educating our own (as announced this week in the budget) but can’t instantly ‘magic up’ Civil Engineers, Quantity Surveyors, Draughtsmen, technicians, tradesmen/artisans, teachers or IT professionals among others locally, so it is incumbent on the department to exercise the power we've just been reminded they have, carefully, and to take into account the bigger picture. I am not holding my breath on that score.
How they treat Work Visa applications over the next few months given they pretty much do whatever they want anyway, will have a direct impact on how this economy bounces back from the recession it is now in.
If they go too hard on work visas, they will destroy the skilled migrant category. And all New Zealand will suffer and stay in recession longer.
The government loves to remind us that we are "all in this together" and we are a ‘team of five million’. I do hope the government doesn't forget that migrants that we will desperately need in months to come, thousands of who are already here, invested in our joint future, are also part of that team of five million and should not be blocked by a ‘one size fits all’ default decline position in respect of work visas which I have a horrible feeling is exactly what is about to happen.
I hope they prove me wrong.
Until next week
Posted by Iain on May 6, 2020, 10:31 a.m. in Immigration New Zealand
If you do you won't be disturbed by a Bill amending the Immigration Act tabled in parliament this week allowing the government wide-ranging powers to change the way visas are, or are not, accepted and or processed. If you do trust the government, there is little to worry about.
Essentially, what the government is seeking to do is to be able to make decisions on groups of visa holders or applicants, en masse, rather than forcing people to file and then assess, individual applications. This means, as an example, they could say that everyone currently in New Zealand whose Visa will expire between ‘X’ date and ‘Y’ date, will not have to file an individual application, pay a fee or fill out an online form, they will be deemed to have a Visa until ‘Z’ date.
On the face of it, quite sensible.
However, as long as the Epidemic Pandemic Notice is in place, the existing legislation means that people whose visas expire, cannot become unlawful anyway.
Perhaps the government is only thinking beyond the EPN and the protection that gives to Visa holders. Perhaps, they are thinking that when the EPN notice is lifted they will need to be able to give people a ‘free pass’ to leave the country without being unlawful when they do.
Perhaps they are only looking at stopping people overseas applying for visas for a while.
On a more pragmatic and operational level, I suspect at least in part, they are only doing this because they have no plan to get the Department back to work any time soon. Those immigration officers at home who have been given laptop computers, and I understand they are still only being sent out now, almost seven weeks after lockdown started, have almost no capacity to process visas remotely. Over the past decade the Immigration Department has been trying to tack a new online Visa processing system onto an old software platform. I’m advised the cost so far has been $38 million and counting. (One assumes with the borders closed indefinitely they can stop spending $11 million a year ‘marketing’ NZ as a migrant destination and perhaps put that money toward building a proper IT system).
Covid-19 has exposed a dismal failure of planning and management. There has never been a Plan B in the Department, it seems, for anything, least of all a health emergency.
The Prime Minister continues to confirm, as excitement builds here about coming out of lockdown in a few more weeks and as talk of a "trans-Tasman Bubble" allowing quarantine-less travel between Australia and New Zealand grows, that the borders will remain closed for “a long time”. She is reluctant to put a date on it because of the obsession with ‘eliminating’ the virus from New Zealand shores. A ‘long time’ however is clearly not a short time.
Where I thought previously, based on her signaling, she might have been talking a few months, I'm more convinced than ever she is really talking about until a vaccine is created and made available not just to New Zealanders but the entire world. She just won’t come out and say it and our fawning media refuse to press her.
[STOP PRESS: Around the time we posted this, the PM all but confirmed this is her thinking - no vaccine, no open border - she has not ruled out all travel to NZ however so more questions....]
Our Prime Minister is fixated it seems on not budging from her one priority which is to keep New Zealanders “healthy”.
And that apparently means the borders must be closed for a ‘long time’ despite whatever other recession induced health issues that might create.
This Bill, which I understand will be given one select committee hearing before being passed into law and likely coming into effect in the middle of May, also then gives the government the ability to effectively shut down Visa applications from for example, people who are not in New Zealand. Again, that has some logic – if you have an Immigration Department sitting at home doing nothing, an ancient IT system that does not allow them to work remotely, no airlines flying and a closed border, then what is the point in accepting more temporary visa applications into the system?
The fear our clients have of course is that the bill also extends to suspending skilled migrant, parent and Investor pool draws and suspending "invitations to apply for a visa’.
The government has already suspended selecting expressions of interest from the skilled migrant pool. The reason given was they had no one to process applications because they're all sitting at home watching Netflix. I would take that at face value and not read anything more sinister into closing down the pool draws. They simply never had a Plan B that allows them to work remotely.
However I would be lying if I said I don't have some concerns about this. In February this year, before the lockdown and Immigration officials were sent home, there was around 11,000 skilled migrant resident visa applications that had been selected, invited to apply and which had been filed sitting in a queue waiting to be allocated for processing. That ‘waiting’ was two years for the majority back in February. Embarrassing for the Department, shrugged off by the Minister and disruptive for NZ employers and their migrant staff seeking certainty.
Could the government use this legislation to tell all those people that are sitting in that unallocated queue that their applications are going to be returned, along with a refund? Is this legislation a Trojan Horse allowing them to get rid of applications currently in the system?
The bill does not talk of declining or returning applications, including resident visas, that have already been filed. That would suggest there is no plan to deal with the backlog using this amendment. Therefore, those people, including several hundred of our own clients, should be able to rest easy, it appears that they are not about to be shafted by this legislation.
If you are less trusting, this legislation might be that Trojan Horse but if it was, we would strongly argue that it is not necessary.
Logic would suggest that the backlog of Residence cases for skilled migrants should organically fall because there’s going to be a lot of people sitting in that queue right now who had jobs when they filed their applications who now don’t, or soon won’t. Numbers released by Treasury here suggest the unemployment rate has increased over the past six weeks from around 4% to 6%. And that is while there is still a relatively generous wage subsidy being paid out by the government to employers across the country. When that wage subsidy ends next month it is inconceivable that the numbers of people registering for unemployment will not jump significantly. Most Economists are talking about 9% or 10%. Some, even higher for the next two quarters.
It is interesting that in Australia where their wage subsidy has yet to be paid out, unemployment there is already estimated to be 10% with entire industries decimated. I can see no reason why New Zealand is going to be any different.
While most of our clients in New Zealand who are working have held on to their jobs, I suspect most employers are simply playing a waiting game and seeing what else the government might offer or how this economy is allowed to start coming back as the lockdown eases.
Logic suggests then the skilled migrant backlog will reduce significantly without government need to suspend or shut down the skilled migrant category. So maybe it’s as simple as that. They won’t need to use this amendment to deal with the backlog ‘problem’ they created.
At the back of my mind however is the prospect of the election coming up in September and given the Deputy Prime Minister holds a disproportionate amount of power despite his party only getting around 5-7% of the vote, it is not unreasonable to expect him and his colleagues to climb on their anti-immigration soapbox as they do every three years and demand more cuts. Could that extend to suspensions to programs like the skilled migrant category?
The fact that unemployment here is undoubtedly going to jump significantly does not mean skill shortages will evaporate. We are still 2000 teachers’ short for example. Our Universities still don't produce enough IT skills and engineers. We are still short of trade and technical people.
Might we see a suspension of the skilled migrant category completely? No more filing of EOIs? No more selections? No more invitations? I think that is possible.
The silence from government in regard to their plan for immigration is deafening.
You can thank the upcoming election for that I suspect.
Silent voids are always filled with chatter and speculation. Never more so than now. The Facebook gossip grapevine is working overtime. Online migrant chat groups and forums (the ultimate in the blind leading the blind) are exploding with ‘What are they going to do?’ questions. There are tens of thousands of people in New Zealand holding temporary visas who have filed residency applications desperate for certainty. The government is providing none.
Are they going to throw people out as soon as there are airlines to fly them and borders are open here and overseas?
Whether they would be so heartless is the big question.
If you trust Jacinda Ardern (I would like to count myself among those that do but that does not extend to her NZ First coalition bedfellows), then you have little to worry about.
If you don’t, then given the Prime Minister keeps telling us we are ‘all in this together’ and endlessly ‘to be kind to one another’, I presume that kindness equally extends to those her Government invited to the country and she then invited to file residence applications and they can stay, no matter what the recession has just thrown at them.
And who is to say she will still be the PM after September? - this law change will be lying there waiting for someone less 'kind'.
Until next week
Posted by Iain on May 1, 2020, 1:49 p.m. in Immigration New Zealand
INZ’s plan for working at Level 3….
…. which started on Tuesday this week. That’s right, there isn’t one.
We are still being fed the line of ‘limited capacity’ meaning they have no ability to access files from home because they don’t have a 21st century IT system and NZ still requires many visa applications to be filed in paper form. And of course, they trot out the line they need to keep their staff ‘safe'. Meanwhile almost a week into Level 3 all across this country, those in the construction, manufacturing, forestry and retail (online or click and collect) sectors are back at work.
The Immigration Department still says they can’t.
Which is strange because I’ve seen their big flash Auckland office and I simply do not believe that they cannot maintain safe social distancing - already their workstations are at least one meter apart and if busy construction sites, manufacturing operations and fast food restaurants can maintain safe work environments it beggars belief that office workers cannot.
Hopefully we will be able to tell you what their plan is for working under Level 3 before we hit Level 2 in just over 5 working days.
Until next week
Posted by Iain on March 6, 2020, 6:28 p.m. in Immigration New Zealand
A couple of weeks ago when a new and inexperienced immigration officer made an inconsistent and incorrect call on a piece of policy implementation that affected one of our clients, a colleague emailed her and politely explained why we believed, as we had argued in our legal arguments accompanying the application, that based on INZ’s past interpretation of the rule she was incorrect.
None of this is new. It’s in some part why we exist. If NZ was consistently good there’d be no reason for our company to help people, prosper and grow to the size it has. What has changed is that I am no longer frightened to write about it. If these blogs turn some people off migrating to New Zealand then that is a price I am willing to pay to try and help those that want to live in NZ. I would add we continue to be busy in Australia as well but as one colleague recently observed now that he has been dealing with the NZ department for 12 months - the Australia immigration officers’ don’t engage but their level of policy knowledge is exponentially better than that of NZ immigration officers. He is right.
As is the case these days with INZ, the email went ignored.
Several polite follow ups later the officer came back and told us she had discussed our concerns with her Supervisor and the Supervisor, also relatively inexperienced, agreed with her. Not unexpected because we know how they roll but we needed to play the hierarchy game anyway, working our way till we found someone that might actually know INZ has a history.
We then went to the Supervisor who confirmed, without any cogent explanation, that (s)he agreed with the interpretation.
We knew eventually we’d have to go to the Manager (there are two - one has some recent visa experience but the other hasn’t processed visas for a few years so we had a 50/50 chance of getting some sensible answer). An email was sent to the Manager of the group, curiously called a ‘Practice Lead’ (like INZ has become a law firm or something - I wish, then they might start understanding and following their own rules). Several days and several reminders later the Practice Lead, confirmed her agreement with the interpretation of the inexperienced juniors.
All three were wrong or every previous identical situation where our interpretation had been agreed to by INZ had been assessed incorrectly and those clients were incorrectly granted their visas. I tend to think when you have 20 identical cases, 19 are assessed interpreting a rule one way leading to a positive outcome and one isn’t, the thinking of INZ about the 20th is probably the problem.
My colleague Paul, having ripped out most of his hair, then decided to approach INZ Head office where the policy and operations people sit, who write the rules and issue the guidelines and updates about policy/rules, and put it to them.
They wouldn’t engage and told us that it isn’t for them to tell immigration officers what the rules they wrote, actually mean in practical terms. We needed to deal with the case officer or the Practice ‘Lead’ (who was doing anything but leading).
When I chimed in and pointed out that there must be some function to the operations people other than passing the buck and all we wanted was a ‘yes we agree with your interpretation and here’s why’ or ‘no we don’t and here’s why’ and copied in all the parties to the conversation, then everyone, including us potentially, could have learned from the exchange.
Why would they not want to use this discussion in a positive way so everyone learned from it?
Strangely, but increasingly commonly they just shut down the conversation.
They are building a wall around themselves - not because they are right, but because they are wrong so often they feel under siege.
And they are.
When I chimed in and asked where then are we to go to to have grown up discussions about policy if not with the authors of the rules themselves, they replied that I should speak to our ‘industry association’.
That there isn’t one that represents companies like ours and the one that does exist has no power to force INZ to answer their questions, seemed to not occur to INZ.
What this case highlights is how far this Government department has fallen (which is saying something) and how defensive they have become. These lower level officers are now being left by their senior managers to do what they like, think what they like and decide what they like. No one intervenes. It seems despite protestations to the contrary, no one actually cares.
I am all for ‘empowerment’ but senior INZ management, confuse empowerment for abrogation of responsibility. We have been doing this work for decades now. We have a visa success rate in excess of 99% over that time across all forms of temporary and resident visas. Surely, that should stand for something?
If we explain politely to a case officer that their understanding of a rule is different to how it has been interpreted and implemented for 30 years by the department, shouldn’t that officer be told by their line superiors to perhaps think carefully before they reject our points, because INZ knows, we know, what we are talking about?
The churn in staff inside the INZ circus however is so high at around 30% a year, we are constantly dealing with officers who are brand new and have enormous power but little practical experience. The good ones always leave relatively quickly.
Those above them, wear, seemingly as a badge of honour, not engaging in visa work and hate intervening (and usually don’t). They have I imagine long ago forgotten the visa rules anyway. If you don’t have your nose in the rule book on a daily basis and are not applying it to real life situations, you can very quickly lose the knowledge to guide your own team.
Where once there was a depth of institutional knowledge where we could engage with senior and experienced managers, themselves willing to intervene, those days seem over. The knowledge that once existed and the attitude to engage with the likes of us who know they rules better than the bureaucrats do, has been quickly eroded in recent times.
What we now find ourselves doing is dealing with case officers with virtually unbridled power and free license to make mistakes, act inconsistently and those above and around them will circle the wagons and defend the decisions, even when they are demonstrably wrong.
When those decisions impact on people’s lives it is important that we, as trusted Advisers, have someone or somewhere to turn. Senior Managers continuously refuse to get their hands dirty (despite one or two telling us they will) and the best they offer these days is to recommend we use the official complaints portal on the department’s website. It is a typical Government complaint lodging process. It was clearly designed to put anyone off filing a complaint and is an absolute and utter waste of time. I’ve seen the stats - INZ get thousands of complaints every year about their service and visa outcomes yet only small numbers of complaints are upheld.
When they are judge and jury, can it be otherwise?
On a side note but related to this ‘Don’t look at me’ attitude of these functionaries, I read this week in information released to an industry colleague though the Official Information Act, how INZ arrived at the two criteria that give some skilled migrants priority over everyone else who paid the same fee for a resident visa.
There was nothing in the information that explained why an Electrician is more worthy than the $100,000 a year Export Marketing Manager responsible for generating export dollars. Or why the Software Developer earning $104,000 is more valuable to the economy than the $103,000 a year Software Developer, yet one will get processed within 4-6 months and the other will take two years.
The thing that leaped out at me was the most concerning issue for these most senior of INZ managers was that there’d be an uptick in complaints. It was in fact the only downside they identified.
Not the damage their decision making is doing to NZ as a migrant destination…
Not the damage these arbitrary criteria might do to employers and the labour market, still desperate for skills we don’t produce in NZ…
Not the damage this disaster does to New Zealand’s international reputation as a place to do business…
They could only imagine they’d get more complaints. Well, I’m sure they won’t be disappointed.
Until next week
Posted by Iain on Feb. 28, 2020, 10:42 a.m. in Immigration New Zealand
A competitor (a former employee and friend) emailed me a few days ago and said ‘Please stop scaring my clients!’
I asked him how I was doing that. Apparently at least one of his clients reads my blogs and the client was concerned at what he was reading about increasingly delayed visa allocation times and significant processing delays.
My reply (book ended with a smiley face) was, ‘Then tell him the truth….’
As I wrote last week there is a fine line between telling it how it is and scaring and upsetting people. I don’t want to frighten anyone but if their Adviser is not going to tell them what is going on, then how do they make plans?
As Advisers, If we know in advance that residence visa processing will take 18 months to finalisation, we can manage the client’s expectations and the clients can make plans accordingly. If we know work visas will take 8-10 weeks to issue, we can manage both the employer and the migrant expectations. If we know visitor visas will take six weeks we can manage that as well. These constant shocks where no one can predict any sort of allocation and processing times right now makes it really hard to help clients plan anything and likewise their NZ employers, who have only offered the migrant the job because they cannot fill the vacancy locally.
I make no apology for informing the market (including other consultancies clients although I am sure my mate had told his client) on what is actually happening rather than how they or their legal representative would like things to be.
And this week, just when I thought the ineptness that is INZ couldn’t get any worse, it has.
This week we were advised that:
1. The INZ office in Beijing remains closed owing to the Covid-19 virus and I suspect will not reopen for some time. Over one hundred thirty immigration officials are presumably sitting at home doing nothing. Eight to ten thousand visitor visas continue to be filed each week - with Chinese nationals not being able to travel hopefully the numbers should be falling fairly rapidly.
2. As a consequence, INZ has now announced they are reassigning officials that process Essential Skill Work Visas to process Visitor Visas, and we should now expect ‘delays’ (nothing new in that, what bothers me is the length of those delays).
3. We are still without a residence programme in which targets and quotas of resident visas are set. We have in effect, no residence programme.
In what is a failure of leadership and planning inside the Department, the impact of the Coronavirus is now spiraling, and I would suggest, almost out of control.
All of this is an abject failure on the part of government as well to lead and the Immigration Department, to manage.
A few years ago some bright spark decided that it would be a good idea to have one office of the department (Beijing) process all visitor visas. Clearly there was never any contingency planning for an event such as the coronavirus outbreak, or war, or hostile cyber-attack - no Plan B. Whether such an event was likely or not, wouldn’t you think that the Management of INZ might have had some Plan B ready, in the event that something like this, however unlikely, might happen?
It is obvious now they didn’t.
And why, when the Department is not allocating and processing anything but a small number of skilled migrant resident (SMC) visa applications, did they not reassign a whole bunch of those officers instead of those processing work visas? There cannot be too many applications left in the SMC processing unit to be processed as they have not allocated any (other than the small number they deem ‘priority) since December 2018.
That rather suggests there are scores of officers sitting increasingly idle in the residence visa processing team. (Hopefully spending their days learning their own residence policy and rules).
I set up my business to allow my staff to work remotely and from anywhere with wifi. I wonder why the NZ Government never thought to do the same…
I guess that’s the difference between the public and private sectors. The public sector shrugs its shoulders and says it is what it is, just suck it up because it isn’t our fault.
Well actually, it is your fault, INZ. I would love to know what contingency planning was made for an event like this. I am pretty sure I know that the answer was none.
So how long are the work visa delays going to be? I wrote last week that in a bit of rare good news we were getting most through in around three to four weeks again. Well, that lasted about a two months. We are now being told to expect allocation times of around 6 weeks - then there is the processing time on top - likely another 2-3 weeks.
So, now we are back where we were a year ago - telling employers and clients that it might now take 2-3 months to get a work visa.
Why, oh why, would they now delay processing work visas for skilled migrants, many of whom plan on going ahead with residence? If they processed the work visas quickly that at least buys everyone, NZ employers desperate for the skills, migrants needing to start work and INZ alike, time. Now it seems we have no residence programme, work visas are going to be delayed and we have a backlog of SMC cases, sitting unallocated, numbering around 40,000 people and growing by about 1000 a week.
Nobody, perhaps, could have expected the coronavirus but what it has done is to expose the failure of leadership and planning inside the Department and Ministers who trumpet ‘Don’t look at me, I don’t get involved in operational matters’. The Minister of Immigration controls the residence programme and the Minister sets the numbers. He is missing in action and the folly of spending his first 18 months as Minister fretting over the (relatively minor) matter of dealing with ‘migrant exploitation’ is being exposed for the sideshow it was.
Serious questions need to be asked and at the risk of frightening my own and competitor’s clients, I only promise to tell my clients what they need to know and not what they want to hear so they can make a plan. We will continue to do that and for our clients, jobs will be secured, work visas will be granted and over time resident visas will be granted to our clients.
If other consultants and lawyers don’t also share these constantly shifting processing realities, that then just makes the situation worse - Facebook and online chat groups and forums get all panicky and frenzied and the truth risks getting lost in the noise.
It is time heads rolled inside INZ for the deepening crisis that is enveloping the department. I have no doubt however that none will because if there is one thing I learned about Government monopolies that can dish up whatever garbage service they wish - applicants have nowhere else to go. I have said it before - the Immigration Department likes to refer to migrants as ‘customers’. I prefer ‘prisoners’. What real business where customers have the choice of going down the road to get a better service, would put up with this?
Questions need to be asked and the politicians and bureaucrats running this circus must be held to account.
I am going to continue doing all I can to see that happens. If it frightens applicants I don’t mean to, but truth matters and the truth allows clients (and us) at least to plan.
Until next week
Posted by Iain on Feb. 8, 2020, 10:10 a.m. in Immigration New Zealand
Many years ago and before the immigration department started transitioning to online electronic applications the then Deputy Secretary asked me how I would feel if it were possible to file any kind of Visa from anywhere in the world from any device. I said I think it would be fantastic if INZ could make it work and it led to the speedy resolution of visas applications. I had visions of someone sitting on a camel with a laptop computer, powered by a solar panel draped over its hump, filing a Visa for New Zealand for some strange reason. I wasn’t so keen on being told a computer would soon be able to make the decision however.
Fast forward 12 years or so, goodness only knows how many tens of millions of dollars on IT systems and now it is possible to file temporary (visitor, student and work) visas electronically. In many ways it has been a giant leap forward. That giant leap is yet to translate to most Resident Visa applications which we were supposed to be able to file electronically over 12 months ago (two, less common types can currently be filed online). Some IT consultant probably told the government that would cost another $100 million and is still building the platform….
What hasn't been built into the existing system it seems is how to deal with the risk to the entire system by the creation of single processing hubs for specific visa types. INZ chose the Beijing office to process all global visitor visas which was a logical choice given the importance of the Chinese tourist market to New Zealand.
That decision however now doesn't look quite so smart as the office has been forced to suspend operations, effectively until further notice, owing to the outbreak of the coronavirus and attempts in China and by the world to contain it within its borders.
The Immigration department has been scrambling to find an alternative which is exceedingly difficult when you consider that:
1. Partnership work and dependent children (of work visa holders) processing times are being quoted in months by INZ in Hamilton simply to allocate these Visas for filing and goodness knows how long there after to process – obviously that depends on the quality of the application and the evidence presented. We are advised these delays have been caused by capacity constraints.
2. Skilled migrants, unless they are being afforded priority, which is a very small number, are not going to be allocated for 12 plus months for substantive processing to begin. It seems that ‘team’ has its hands full.
The Beijing office processes thousands of visitor visas every week. We know that tens of thousands of Chinese have cancelled their trips to New Zealand because the New Zealand government has now, at least for the time being, shut down entry to New Zealand by anyone from, or transiting, through China.
As the hysteria around the coronavirus continues to grow globally and it dominates the news cycles causing panic I don't think that the shutdown in Beijing is going to be for only a couple of weeks. I'm picking many weeks, if not months to resume processing of visas there, and then potentially playing catch up to try and get processing times back to historical averages.
Unless the department can get another office to take up the job.
We have learned today that the immigration department is probably going to reallocate all existing electronic visitor visa applications to their office in Manila. That sends a chill down my spine because those people were never much good at getting these visa decisions right when they used to process them from their region.
The message from my team to all our customers is clear.
Visitor Visa applications are now going to take longer to process than any of us had expected before the virus outbreak caused the havoc that it has in China. Things will almost certainly be delayed and what was a 2 to 4 week process is now going to take far longer I expect and everyone needs to plan accordingly.
I don't recommend buying airline tickets until visas are approved and nor, at the risk of sounding like the immigration department itself, should you make any concrete plans in terms of travel dates, unless and until that Visa is granted.
Here in Hong Kong after another incredibly busy week dealing with people eager to leave, panic buying has set in as the government has announced yesterday some vague plan to quarantine for 14 days mainland Chinese who come to the territory. Naturally people are starting to wonder what will happen with the supply of goods if the borders are effectively closed or at least the flow of goods severaly curtailed. Apparently and within only 24 hours of the announcement of tighter border controls you can no longer buy a toilet roll in Hong Kong! As they stampeded for face masks last week, the locals were rampaging though the aisles to get toilet paper this week (a Psychologist would have a field day in this place).
When I was here in November and the protests against the government were at their peak, the streets were eerily quiet after dark. Although it's one of the most densely populated cities in the world, it is almost like a ghost town now when the sun goes down now. Everyone, and I mean everyone, is wearing face masks. I have seen queues of up to 500 people waiting outside pharmacies to buy what is an effect a placebo. The best of these masks can keep out something which is 0.3microns in size. The problem is the virus is 0.1 microns so it will sail right through the fabric. But they still love their face masks!
The government has closed schools until March and government employees are being told to work from home. I've never seen so many people so scared in my life but many people here still have bad memories of the SARS outbreak back in 2003 which hit Hong Kong particularly hard. In no way diminishing the loss of over 300 lives to that viral outbreak, I imagine that ten times that many people die of influenza in Hong Kong every winter.
If the virus breaks out here in Hong Kong (thankfully so far it hasn’t) and establishes itself in any other country in the region I do think that we are probably looking at it even more travel restrictions.
My message to anyone looking to visit New Zealand is obviously to avoid transiting through China or you won't be allowed in and if we are filing visitor visas for you expect processing times now to significantly increase.
With skilled migrant cases now taking an eternity to process, partnership visas an unacceptably long 4 plus months for most and now coronavirus causing havoc with visitor visa processing this may turn out to be your friendly immigration adviser's ‘annus horribilis’ to quote her Majesty Queen Elizabeth II.
I do not think it is insignificant that the Assistant General Manager of Immigration New Zealand has now been seconded to the office of the Minister of Immigration. That the Minister has now drawn the second most senior Manager in the department into his office suggests the immigration portfolio is now starting to trouble the minister.
All I can say is it took him long enough - he was warned 12 months ago of the processing delays and their reasons and has done nothing. I imagine the senior manager is there working on a plan.
I do not think we have ever seen a more ineffective Minister than this one whose focus has been on the wrong parts of his portfolio. The ship of immigration has been rudderless now for three years, Immigration New Zealand leadership has always been weak and largely ineffectual and we have a government that has dug itself a very deep political and economic hole by promising to cut immigration at the last election (which it did) at a time of economic boom and increasing skill shortages.
I suspect the Minister wants a senior manager holding his hand as his party negotiates the approaching election where it has to reconcile its cuts to desperately needed skilled migrants, new infrastructure spending but not enough workers to build that infrastructure, facing well founded fury at abandoning its plans to build 100,000 houses when it finally dawned on it that we simply don’t have the skills to get that job done…..and a thousand other unfulfilled promises.
Going to be an interesting year!
Until next week
Posted by Iain on Sept. 17, 2019, 3:11 p.m. in Immigration New Zealand
Right about now keyboard warriors across Facebook, Twitter, migrant chat group and forums will be lighting up with the news that the Government is making a significant change to accredited employer/talent visa policy on or about 7 October. Teeth will be gnashing. Uninformed opinions will be flying. No doubt the ‘media headlines will scream ‘Government making it tougher for migrant workers to secure work visas’ (Government loves those sorts of headlines even when it isn’t true).
Government isn’t doing that. They are simply bringing Talent Visa workers income into better alignment with the changes they made to Essential Skills Work Visas (the bog-standard work visas most people hold on their way to a resident visa). This is long overdue. I suspect there is some truth to this change also pushing most short term skilled workers back into the Essential Skills Work Visa stream.
Note the ‘on or about October 7’. From that date applicants seeking Talent Visas under the Work to Residence pathway with an accredited employer will be required to earn $79,560 (gross). It is currently $55,000.
None of this is news – or shouldn’t be. This has been in the offing for many months. I wrote almost a year ago this increase was coming. It was the quantum that has surprised on the ‘upside’. In the guessing game that can be immigration policy changes my pick was high $60,000s or low $70,000s.
None of this should be confused with the ongoing work (currently under ‘design’) being done whereby all employers to become ‘accredited’ before they can support Essential Skills Work Visa applications.
This new policy was meant to be rolled out around now but I suspect the powers that be have realised a good idea and one that can be operationalized are two different things. Under the proposed new (in 2021) work visa rules there will be three steps for an applicant seeking a temporary work visa in NZ:
1. Employer becoming accredited (or whatever they choose to call it)
2. Employer proving a genuine attempt to recruit locally (same as now)
3. The applicant proving they are qualified by experience and training to do the job (same as now)
The short lead-in time to the new salary threshold for accredited employers will be to stop the predictable rush of applications.
Posted by Iain on Aug. 16, 2019, 12:54 p.m. in Immigration New Zealand
In this age of mass communication, social media and the manipulation of the masses by the few, it can sometimes be hard to separate the sinister from the stupid. Take Donald Trump for example.
Closer to home, I’m constantly asking myself whether the New Zealand Immigration department is full of poorly led fools or there is an insidious culture of racism that their 'leadership' will never publicly acknowledge exists.
Take the relatively simple matter of a visitor visa. Every year hundreds of thousands of people visit New Zealand and many of them need visitor visas to do so. The significant majority are simply coming to New Zealand for a holiday and many are granted visas. Equally, many are not. I am not sure anyone has ever done any real analysis of the nationality or ethnicity of those that are successful and those that are not.
A smaller number, many of them our clients, are coming to New Zealand to find work because they want to be part of the government's residence program and we have identified that with skilled employment they meet the criteria for residence. As I have written about so many times before, overwhelmingly New Zealand employers demand that potential migrants send very clear signals of their commitment to the process and that means being in New Zealand in order to secure interviews.
Around 97% of all IMMagine’s clients get jobs when they are in New Zealand and the signifcant majority are issued their work visas while in NZ.
Immigration New Zealand’s own statistics show that only 6% of skilled Work Visas are granted to people not in New Zealand. That supports the proposition that if you want a job you need to be in New Zealand first and employers are reluctant to engage with those sitting overseas.
The reality is those coming to New Zealand to test themselves against the labour market when not 100% on holiday does create issues for immigration officials because such people are not catered for in the rulebook - looking for work on a visitor visa is perfectly legal but not one of the stated ‘purposes’ of being a ‘tourist’. Rather than change the rule book to streamline the residence process and recognise the benefit of allowing the highly skilld to travel as visitors to find work, we end up with what seems to me to be little short of racial profiling.
I know the government will vehemently deny it as they always do, however, when our experience as Advisers screams racial profiling and the evidence is as plain as the nose on your face, all the denials in the world can't hide the reality.
To try and reach an understanding on who might be allowed to visit in part to find work in order to be part of the residence programme, we came to an arrangement some time ago with a very senior immigration manager who said that someone meeting only one of the criteria below could ‘reasonably expect’ to be granted a Visitor Visa when they were primarily coming to New Zealand on holiday but with a secondary purpose of finding work:
- Their immediate family was remaining behind (implying they couldn’t be single); or
- They had a job to return to if they didn’t find work in NZ; or
- They had not sold the family home.
Either the officers in branches like Beijing never got the memo or they wilfully ignore the directives of their senior managers (and given there is a culture of not wanting to tell subordinates what to do in this circus, I don’t rule out the latter).
Right now somewhere in New Zealand is a single, 23-year-old South African with limited work experience, who has never owned property, who resigned his job and for whom we got a visitor visa to come to New Zealand because he wants to be part of the Residence program. We warned him when we applied that INZ should try and decline him based on the understanding of who should and who should not expect to get the visa. They approved him. Although he had not secured employment within the validity of his initial Visitor Visa, the Immigration Department was very relaxed about granting him a renewal for another three months. None of the three criteria above were satisfied.
Another current client is also from and lives in South Africa. He is not a South African citizen but holds a valid work visa and has lived there for a number of years. He is married with children and they were not included in the visitor visa application but we presented evidence of this as strong 'incentives to return' to SA if he was unsuccessful finding work in NZ. He is a highly skilled Electrician, is trade certified, speaks fluent English and has registration with the New Zealand Electrical Workers Registration Board. On top the fact that he works in an occupation that appears on the Long term Skills Shortage List should see him find work within days of stepping off the plane. He has a job to return in South Africa in the unlikely event he cannot find one in New Zealand.
He satisfies two of the three criteria above.
His visitor visa was declined yesterday.
One of these clients is white and one of these clients is not. Can you guess which is which?
The Immigration Department will suggest that is coincidence.
That can only mean one of two things - they are utterly incapable of consistently applying their own rules and the visa process is more than a little random…or something more sinister…and racial profiling or at least bias is at play.
They can deny the system is racist all they like and while different applicants do have different risk assessments attached to them, when a person satisfies criteria laid down by a senior manager to mitigate against that risk, and the state functionaries don’t follow those criteria, what other conclusion can be reached?
Is it a culture of racism or is it simply (subconscious?) bias on the part of immigration officers?
When the only thing that seems to separate so many decisions is the colour of someone’s skin it is very hard to conclude that there isn't a racist subculture within the immigration department. It's impossible to conclude otherwise when white people who don't meet the criteria are approved for a Visa and non-white people who do, are not.
I take no comfort in writing about this, because it calls into question the way New Zealanders perceive themselves as being welcoming, tolerant and by and large, not racist. I think for the most part that is true but there's something about the culture of the immigration department, their training or simply their perception of ‘risk’ that leads them to treat similar applicants in different ways based on nothing more than nationality or race.
And someone needs to call them out on it.
Until next week...
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