4 minute read
The great immigration reset
What to bin and what to keep has clearly been on the minds of Immigration New Zealand (INZ) when writing immigration policy over the past 18 months. Rachael Mason provides an update.
INZ has been issuing policy changes at a rate of knots, keeping employers and migrants in a state of uncertainty. With the 2021 Residence category announcement, INZ is now executing phase one of its ‘immigration reset’.
2021 Residence category
This new category will enable an estimated 160,000 migrants to secure New Zealand residence, providing them with the opportunity to live in New Zealand on a permanent basis.
While some will not qualify, this policy effectively grants residence to most migrant workers who were in New Zealand on the main work visa categories as at the date of the announcement in late September. The policy involves three qualifying categories:
• Settled: for applicants who have been here for at least three years
• Scarce: for applicants who have jobs on the skills shortage lists
• Skilled: for applicants earning at least the median pay rate of $27 per hour.
Migrants who have arrived or arrive on a border exception or critical purpose visitor visa may also be eligible under this category.
Generous at last?
Although a few hooks are in the detailed policy to be aware of, if an applicant can get past the first settled, skilled or scarce gateway, in most cases, they will be able to qualify.
It’s fair to say that the generosity of this new policy went much further than would have been expected. Ironically, a significant number of migrants hold visas where the employment is classed as ‘low skilled’ and who have been subject to the offshore stand-down after three years of working here, who will be eligible. Previously, the policy said, “You can come, but only for three years” to these people. Now they are being invited to stay forever.
The new category removes a considerable number of migrant workers and their employers from the painful and uncertain cycle of repeat work visa applications and the struggle to get residence. It is likely a significant number of those being granted residency under this policy would have had no way of qualifying otherwise.
The policy effectively resets the onshore migrant workforce, paving the way for the second phase of the reset as we see the gradual reopening of the border, which is set to start from the first quarter 2022.
Accredited Employer Work Visa
The second phase will see the introduction of the new Accredited Employer framework for employersponsored work visas, which will require all employers wishing to hire a migrant worker (other than certain ‘open’ work visa holders) to become accredited with INZ and make an application via their ‘gateway’ system. This requirement for accreditation is designed to ensure employers meet good standards of practice before they are allowed to employ migrants.
As many employers will recall, the new Accredited Employer framework was due to be implemented on 1 November 2021 but was delayed until 2022. The latest announcements indicate that employers will be able to apply for accreditation from 9 May 2022, with the new framework set to go live on 4 July 2022.
New residence policies
INZ is also reviewing the Skilled Migrant category. In conjunction with that, it will introduce a pathway to residence for highly paid migrants (signalled at 200 per cent of the median wage) under the Accredited Employer framework. These two categories will form the main pathways that a migrant can secure residence via their employment, and so they have an important role in supporting employers in attracting highly skilled workers and their families to New Zealand. Most migrants will want reassurance that a long-term residence option is available to them before they are willing to relocate to a new country.
As the borders reopen, significant offshore recruitment will occur as employers look to fill skills gaps in their organisations that have been on hold throughout the border closure or are needed to support business growth. The new Accredited Employer framework and residence policies will dictate the types of migrants who can secure visas as part of the overall system reset, to ensure the right mix of people and skills to support economic growth, build local communities and develop skills.
The closed border and disruption to the immigration system has been described as a “once in a generation” opportunity to change the way immigration is managed. Each of these developments are significant in their own right. Taken together, they will effectively wipe the slate clean, meaning that, in 2022, we will be starting again.
For HR professionals and employers, a steep learning curve is ahead to understand how these new frameworks can be leveraged to support recruitment needs. However, the promise of a ‘streamlined’ and ‘simplified’ system should give us all some comfort that the time invested will be worth the effort. Roll on 2022!
Rachael Mason is qualified in New Zealand, England and Wales, and has practised exclusively in the area of immigration law for several years. Rachael is a facilitator for HRNZ PD courses, virtual courses and webinars. Go to hrnz.org.nz/pd to see upcoming courses. She works with both multi-national corporate clients and smaller local employers across a range of industry sectors in managing their global and local migrant workforces and developing and maintaining compliance and legal right to work policies. Rachael is focused on providing highquality technical immigration advice that is both pragmatic and commercial.
