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Cutting through complexity:
Although changes to the system over recent years have been made in an to attempt to bring some consistency to immigration decisions, it has in fact added greater rigidity and complexity to the process, with regionally and even local differences making the task of the applicant a frustrating and often daunting one.
In this challenging and frustrating environment, a thorough understanding of immigration policy and practice, experience in the preparation and presentation of residence applications and a close working relationship with the bureaucrats who decide the outcome of applications, is paramount to their successful passage.
We know government immigration policy even better than most people who work for the New Zealand Immigration Service (NZIS) and even receive referrals from the NZIS themselves! We understand intimately what is required to qualify for residence and focus on a client’s strengths and ensure the Government officials get the documentation they need immediately to approve an application.
The reality is that every person’s situation will be different and every angle needs to be explored if a successful strategy is to be identified. We therefore insist on carrying out our own assessment before accepting an assignment if the initial preliminary assessment points to a strong possibility of meeting eligibility.
This is for the good of our clients because if we say you don’t qualify it is highly unlikely any application you file will be successful. The Residence Appeal Authority continues to confirm that even the NZIS’s own web information and their so called "self-assessment guides" are unreliable summaries which give an overview but which cannot be counted on to convey all the critically important information the applicant requires.
Given the difficulty in speaking to an Immigration officer in person, with the current trend of Call Centres with inexperienced staff and high staff turnover many people fail in their application because they cannot rely on the information provided by the NZ Immigration Service.
What we offer you here is a broad overview.
The Government operates three “streams” of immigration policy. These are:
1. General Skills and Business (restricted to 27,000 persons each year).
2. Family (restricted to 14,5000 persons each year)
3. International/Humanitarian (restricted to 3,500 persons each year).
Within these major streams are around 19 subcategories of permanent entry and within those sub categories are further sub categories.
1. (i) General Skills
Over 50% of migrants come to New Zealand under the General Skills Category (“Points system” as it is commonly referred to). Under this category points are awarded primarily for a persons:
Education and qualifications,
Work experience,
Age,
Spouse’s/partner’s education and qualifications,
Family links to New Zealand
Educational links to New Zealand and
Funds with which to establish oneself.
The New Zealand Government sets a quarterly pass mark (1 October 2001 – 31 December 2001, 1 January 2002 – 31 March 2002 and so on) and in effect will select the top scoring applications received globally in the period for which the pass mark was set. Minimum points required to be granted residence under this category is currently 24.
It is possible to apply for residence if you have less than the current pass mark. If you score enough points to meet the current pass mark less 5 (being the value of a job offer) your points will confirmed and you may be invited to apply for a work visa. This work visa is usually issued (but it is important to note that it may not be) and allows you up to nine months from the date your points are confirmed to travel to New Zealand and find a job offer that complies with policy.
As part of our consultancy we regularly obtain the statistics necessary from the NZ Immigration Service and other Government agencies in order to observe trends in numbers of people applying, being rejected, approved and in processing. This assists us greatly in predicting potential pass mark movements. In fact this information is critical to any credible consultancy in our view.
(ii). Business Investor
This operates as a points system and points are awarded for an applicant’s:
Age.
Business Experience.
Investment Funds.
The current pass mark is 12 to qualify. Generally the older you are the greater the level of funds you must transfer and hold in New Zealand for two years. Minimum investment funds required is NZ$1,000,000 (one million). The maximum for point’s purposes is NZ$6 million. You do not have to have owned our own business or indeed have any business experience at all but you must have earned (or been gifted) the funds lawfully. The funds will be expected to be transferred to New Zealand only once your application has been approved in principal. Once in New Zealand the funds must remain here for two years and not be used for personal use. Beyond that you are free to do with your money as you please.
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2. Family Category
(i) Relationship with a New Zealand resident or Citizen
Residence can also be granted to those who are in a relationship with a New Zealand Resident or citizen in a heterosexual or same sex relationship, either married or de facto (common law). Contrary to popular opinion, being married to a New Zealander is not an automatic guarantee of success. As with all relationship based applications the system requires the applicant to demonstrate they are in a genuine and stable relationship. This is not always that easy. Under the marriage category there is no requirement that you have been married for any minimum length of time but there is for the gay and de facto categories.
(ii) Sibling Category
Residence is also an option for those who represent the last family member of the family living in the home country. If that person has an offer of employment in New Zealand, their family sponsor has held a residence permit for three years and they meet health and character criteria they can qualify for residence. Under this category the applicant must have the job offer prior to applying for residence. Sponosrs must now hold residence permits for three years in order to sponsor their siblings. The Government is currently considering softening that qualifying period so that the sponsor must have been in New Zeland for three years ie on a temporary permit such as a work permit and now hold a residence permit.
(iii) Parent Category
(a) If parents have the same number, or more, adult children living permanently in New Zealand than in any other country (including their “home” country) and they have no medical or character issues, residence can be approved, or
(b) If parents have no adult children living in the home country and at least one lawfully and permanently resident in New Zealand (and again there are no character or health issues) they will qualify for Residence.
3. International/Humanitarian Category
(i) Refugees New Zealand is also a signatory to the 1951 Untied Nations Convention on Refugees. As a country we accept a quota of 750 refugees each year as directed by the United Nations High Commissioner for Refugees. An individual arriving in New Zealand can also apply for ‘spontaneous’ refugee status but they will not be accepted under the United Nations quota system – they must satisfy the New Zealand Government that they have a well founded fear of persecution if they were forced to return home.
(ii) Family quota (lottery!) New Zealand now has a lottery system for family members who do not qualify under any other category – our very own “Green Card” lottery limited to 250 persons each year. Registration will occur in April and the lucky winners will be given 6 months to file their residence applications. Normal health, character and proof or relationship issues will need to be satisfied.
(iii) Victims of Domestic Violence For reasons best known to the Government a special category of residence has been created for victims of domestic violence. These will be people who are married or in a de facto relationship with a New Zealander and who have yet to be granted residence but who leave the relationship because they are suffering domestic violence and abuse. If these people can show that for cultural or social reasons they cannot return home they can apply for residence under this bizarre category. We hope you don’t get the impression that New Zealanders are a violent lot – in thirteen years of practice we haven’t come across a single person who might qualify under this category.
Special Direction
Finally, is also possible for any individual who believes that their situation is special to approach the Minister of Immigration directly and put their case to him or her. The Minister does not have to approve the application but the Government understands that from time to time deserving individuals may not meet the strict and rigid criteria laid down under the current categories and the Minister has the power to grant residence.
Should you use a Consultant?
In writing this we realize just how much we have left out in each category summary. The Manual out of which the NZIS operate is more than 1000 pages long and we have summarized that into less than four. So be warned – this is an overview only to give you some idea.
Applying for residence of another country is a big decision and professional guidance should always be sought from a current Member of the New Zealand Immigration Institute or the New Zealand Association for Migration and Investment.
The New Zealand Immigration Institute only allows membership by invitation to those individuals who are New Zealand based, have a minimum of five years industry experience and are covered by New Zealand’s tough consumer protection laws.
The New Zealand Association for Migration and Investment on the other hand is a looser organisation of consultants, lawyers, real estate agents, bankers, accountants and others involved in the immigration industry who are spread all over the world. They do not register individuals, rather, entities and as such exercise less control over their members.
We are members of both and founding members of the NZ Immigration Institute.
Your Consultant should be prepared not only to assess eligibility and complete the significant paperwork required, but should also give guidance on such important issues as cost of living, employment opportunities, housing, education lifestyle and other information you need. If they are not New Zealanders living in New Zealand it is hard to see how they can be as credible.
Without the assistance and support of a consultant who is bound by strict ethical rules and who lives under New Zealand law an applicant has little or not protection from unscrupulous operators.
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ASCAN Consultants Limited, a world leader in Immigration Services, would be assessing your eligibility for Immigration to New Zealand and you would be informed accordingly.
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