What is a manager? Clear INZ parameters needed
NZ resident – to be or not to be?
Mao (not his real name) was apprehensive. He was keen to apply for NZ residency under the Skilled Migrant Category. Some of his friends had recently been issued with New Zealand residency, and some had not. He could not understand why some applicants were successful and some were rejected.
Moa was very uncertain and confused. He approached IDESI Legal for advice and representation. After analysing his case, carrying out risk assessment, and gauging his chances of success, we advised that although gaining NZ residency would be difficult, we would do our best for him.
Mao had been in this country since he was 15 years old. Having obtained a Diploma in Management, he held a management position with Subway, managing a very busy site. He had 10 staff reporting to him. The owner had six other stores and was completely reliant on Mao to run this business.
NZ migrant success story
He had spent five years with Subway and learnt everything about the business. He had aspirations to buy a Subway franchise of his own. His friend Dinu, who also held a Diploma in Management, had started his career as a cleaner before purchasing a franchise. He had been given New Zealand residency, expanded his business and was employing people. He was planning to purchase another franchise.
We were aware of the tendency on the part of Immigration New Zealand (INZ) to deny residence permits to those considered ‘burger flippers’ and not managers of establishments.
However, some people were still being given residence permits as managers under the Skilled Migrant category. What are the INZ parameters?
Becoming NZ residents
The majority of students applying for conversion of their student or work permit into a visa for New Zealand residency do so through the Skilled Migrant Category.
What does INZ define as a manager?
So what is that governs the prospects of success for residency? It appears the timing of application makes a difference, as does, interestingly, the interpretation of the title ‘Manager’. This interpretation has changed over time.
One would think that if a person is in charge of an outlet, then he or she is managing and controlling it. The Australian and New Zealand definition (ANZSCO) states the overall task is to manage and control the establishment.
But according to the current interpretation by INZ, some Subway managers with staff reporting to them are not in charge of the establishment in the ANZSCO sense. The perception, as I mentioned earlier, is that they are merely burger flippers.
The logical conclusion of this interpretation, according to INZ, is that no Subway franchise outlet can ever have a manager.
With such differing decisions taken by INZ, it is hard for immigration professionals like us to advise clients if their applications are going to be successful.
Clear INZ parameters
With proper INZ parameters that are in line with the economy and the skills that New Zealand requires, there would be certainty on the outcome of applications, as there should be.