Skilled migrant residence category – changed!

 In NZ Residency, opinion

Unfriendly policy tarnishes national image

New Zealand’s immigration policy sets out a pathway to gaining New Zealand residence through the skilled migrant residence category: a two-stage process.

Expression of Interest in migrating to NZ

The first stage, called ‘Expression of Interest’, is submitted by a potential migrant to Immigration New Zealand. INZ then has the discretion to invite the applicant to the next stage of applying for residence.

If an invitation is issued, an application for residence can be lodged.

Students becoming NZ residents

A majority of international students converting to NZ residents do so through the skilled migrant category.

According to Statistics New Zealand, Indians account for the third largest migrant group applying for residence. India was also the only top source country with growing numbers in the Residence Skilled Migrant Category during 2010-2011.

Dead End

Processing of residence applications

In November 2012, the Government issued its Internal Administrative Circular (IAC), which contained a set of documents for immigration officers. This addressed the processing of residence applications through the skilled migrant residency category  and affected people claiming skilled employment as café or restaurant managers, office managers and retail managers.

Applicants under this category were mainly from India and China. Having completed certain qualifications as international students and working in those managerial positions, they had lodged their residence applications under the skilled migrant category. As skilled employment, the IAC then set a higher threshold for those positions. The Circular required immigration officers to justify their visa decisions.

Change in migration patterns?

Is there any correlation between the release of statistics in early 2012 and the Circular issued in November that year? One can merely speculate; but it appears the answer is yes.

But why was the tweaking done? Before and while this change was being implemented and release of statistics in 2012, there were no issues as to how the skilled migrant category operated. Could it be that this tweaking was done because those who gained residence through this route were from a particular country and that this consequence was not intended? Could it be that their qualifications and/or position were deemed to be at a low level? Or was it a combination of all or some of these factors?

INZ has not conclusively disclosed the reasoning behind the tweaking, leading to speculation.

Unfair recruitment of international students

With New Zealand Residency dangled as a carrot, recruitment of international students under this category continues, despite the changes. The tweaking has resulted in the closure of this residence route. However, this information does not appear to have reached the recruiters or potential students.

The applicants most affected by the changes to the skilled migrant residency category are Indian and Chinese nationals. Some of them have been in the country since 2008 working through a pathway that was once available. However, the plug was pulled midway and this route is no longer available.

These people are falling into the hands of the exploiters who benefit from their misfortune. They are the ones that find themselves in a bind, with their pathway rudely curtailed. They see their future as bleak.

They surely do not deserve such a treatment.

Long-term impact or residency thresholds

A lack of transparency and short-sightedness has long-term implications for all concerned.

International students are major contributors to New Zealand’s economy. We therefore need to nurture this market; not risk New Zealand’s good image with our top migrant source countries by tweaking the system that has major negative consequences for them.

The treatment of international students requires attention.

New Zealanders are generally kind and well-meaning people. But this emerging immigration issue risks that image. It has the potential of damaging our image on the international stage.

Do we want to be accused of being misleading and selling a lie? I think not!

An effective New Zealand immigration lawyer is there to get good outcomes for their clients, and that’s exactly what we do. If you have questions about international students becoming NZ residents through the skilled migrant category, get in touch.
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