Posts

The immigration Minister announced today the Government has decided to reopen the Parent resident visa category in early February 2020 with new requirements. The first selection is scheduled for May 2020. In the meantime, the category will temporarily close from today, 7 October 2019. This means that INZ will not accept expressions of interest (EOIs) from this date.

When the category reopens, 1,000 residence places will be available annually under the category.

Other changes from the current Parent resident visa criteria include:

  • Tier Two of the category will be removed
  • the settlement funds and the guaranteed lifetime income financial eligibility criteria will be removed
  • the new financial requirements for the Parent resident visa can only be met through the income of the sponsor and their partner. Here are the new financial requirements based on a median salary of NZ$53,040:
Expected income thresholds
1 sponsor for 1 parent NZD $106,080 2 times the median salary
1 sponsor for 2 parents NZD $159,120 3 times the median salary
Sponsor and partner  for 1 parent NZD $159,120 3 times the median salary
Sponsor and partner for 2 parents NZD $212,160 4 times the median salary
Guaranteed lifetime income of 1 applicant or for a couple Not available in new parent category
Settlement funds Not available in new parent category
  • sponsors will be required to provide evidence of their annual income through Inland Revenue tax statements, and that they’ve met it for two out of the three years before the application is lodged, and
  • the sponsorship period will be formally aligned with the New Zealand Superannuation residency eligibility requirement.

 Existing EOIs in the queue under the Parent Category

People with EOIs in the system will be emailed to inform them of the changes and invited to either update their EOI or withdraw it. People who withdraw their EOI will be eligible for a fee refund.

When the Parent Category reopens, EOIs will be selected in date order based on the date INZ originally received them (regardless of whether they were submitted under Tier One or Tier Two).

It is estimated that more than 5000 EOI’s are sitting in the pool with the likelihood that at least 80-90% of these will not qualify under the new rules, and will be a bitter pill to swallow considering many have been waiting for such a long period of time. The offer of a refund will be little consolation for the loss of the opportunity of family reunification.

Today’s announcement bears the hallmarks of the challenges face by a coalition government. It has been clear for some time that the Labour party is family orientated and wanted to reopen the category but will have received significant push back with NZ First who effectively pressured the previous National Government into placing a temporary hold on the category in the first place. Increasing the required minimum salary for sponsors to the levels announced will no doubt have been at the direction of or to appease NZ First to ensure the numbers of eligible applicants was as low as possible, their compromise in allowing the category to reopen. There has already been significant condemnation sighting the elitist and unfair nature of the changes, this could certainly not bode well for Labour within the all important migrant electorate in the coming election year.

Conversely for those that do qualify, there will be great relief that there is now light at the end of the tunnel and they can finally make future plans for their parents, the uncertainty of the last 3 years has left so many families in limbo. What isn’t quantifiable is how many highly skilled migrants has New Zealand lost over the last 3 years whilst the category was closed. either those already working in New Zealand that have decided to leave or those who chose not to come at all. At least there is now clarity for all to make informed decisions for their families futures.

If you wish to find out more about this category and your potential eligibility please do not hesitate to get in contact with me [email protected]

Significant and wide ranging changes to the skilled migrant category (SMC) have been announced and are due to become effective from August.

The NZ Government has announced a range of changes for what it says are “designed to better manage immigration and improve the labour market contribution of temporary and permanent migration.”

Two wage thresholds are being introduced for SMC residence applicants which will be used to determine whether employment is skilled for the purpose of granting points for any employment role. An equally significant change is that points for work experience will be increased but only work experience which is assessed as “skilled” can be relied upon. SMC points for age will increase for applicants aged 30-39 as the Government changes its focus from younger, recently graduated, applicants, to those who have more work experience and who can contribute more quickly and constructively to the workforce. Points will no longer be available for qualifications in areas of absolute skills shortage, future growth areas and for having close family living in New Zealand.

Those who will benefit from these changes include people:

  • Whose jobs are not currently recognised as being skilled and cannot currently rely on these jobs for a SMC residence application. The proposed changes will allow these jobs to be assessed as being skilled if they are paid at or above $73,299 per year (or $35.24 per hour).
  • Whose income is $97,719 per year (or $46.98 per hour) will be eligible for 20 bonus points.
  • Who are aged from 30 to 39 will be awarded 30 points for their age
  • Who have longer work experience and this is experience is in skilled roles
  • Who have recognised higher level qualifications at level 9 or 10 (Master’s degrees or Doctorates) who will be awarded 70 points.

Who will be disadvantaged by the policy changes?

  • People whose jobs are currently considered skilled but who are paid less than $48,859 per year (or $23.49 per hour) will not be able to claim points for skilled employment. This new wage threshold will affect many occupations but particularly Restaurant Managers, Chefs, Retail Managers and ICT Technicians which are the most popular occupations under the current SMC policy.
  • Younger people and recent graduates will be disadvantaged as they will unlikely be able to claim points for skilled work experience

It has yet to be confirmed but it is expected that the proposed changes will be introduced in mid August 2017. The last Expression of Interest (EOI) selection draw may therefore be on the 2nd or the 16th of August. It is our understanding that EOIs selected before the changes are implemented will have their residence applications processed under the current SMC policy. NB: an EOI cannot proceed until the principal applicant has met the English language requirement.

Anyone who is considering a SMC residence application should urgently seek professional advice from a Pathways Licensed Immigration Adviser to determine if they are eligible to apply for residence now and before the proposed policy changes are introduced.

Immigration New Zealand announced major changes to the Skilled Migrant Category (SMC) to take effect from 12 October.

These changes affect many prospective migrants and are part of an overall strategy to reduce, by 5,000 per year, the number of people who are granted New Zealand residence. The new planning range is for 85,000 to 95,000 people to obtain residence over the next two years of whom 50,500 to 57,500 people will obtain residence from the SMC and business categories.

Places under the SMC have been in very high demand and there have been concerns raised at the increasing number of places taken up by people with relatively low level qualifications and employment roles. The policy changes increase the points threshold required for applicants to become eligible to apply for SMC residence and implement more robust English language requirements, and how these are to be met.

Summary of key changes

  • Minimum points required for EOI selection has been increased from 140 to 160 and only EOI’s scoring 160 points or more will be selected for the foreseeable future. Previously applicants scoring 100 points, including points for skilled employment, were able to be selected.
  • New English Language evidence requirements;
    • citizenship of Canada, the Republic of Ireland, the United Kingdom or the United States of America provided the applicant has spent at least five years in work or education in one or more of those countries or Australia or New Zealand; or
    • a recognised qualification comparable to a New Zealand level 7 bachelor’s degree and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least two academic years in one or more of those countries; or
    • a recognised qualification comparable to a New Zealand qualification at level 8 or above and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least one academic year in one or more of those countries; otherwise
    • IELTS 6.5 mandatory requirement

Previously there was a wider range of options to evidence an applicant’s English language including working in skilled employment in New Zealand for one year. This option is no longer available and applicants who do not otherwise meet one of the above requirements must pass the IELTS test. Additional English test options will also be introduced from 21 November.

Applicants who already have Skilled Migrant Category residence applications under process or received their residence invitation before 12 October, and are yet to submit their application, will not be affected by the changes.

For many prospective applicants the main challenge will be to achieve the required 160 points for their EOI to be selected and in this regard the 30 bonus points available for employment outside of Auckland are likely to prove pivotal. The new English language requirement may also prove a difficult hurdle for many applicants.

More policy changes are expected in November to further fine tune the SMC policy. It is possible these changes may include the introduction of additional points criteria to recognise applicants in high level employment roles who would otherwise not be able to achieve the 160 points. It is also possible changes may be made to employment roles such as retail and restaurant manager, and chef, which Immigration New Zealand have identified as being “over-weighted” in SMC statistics.

Immigration policy changes always result in a great deal of uncertainty and misinformation and obtaining professional advice from a Licensed Immigration Adviser is timely and appropriate in this situation.

The number of people who can be approved under the parent residence category is limited to 4,000 per immigration year (July to June). There has always been overwhelming demand for parent residence places and the previous parent policy was stopped in May 2012 when this demand led to processing times being extended to several years.

In July 2012, INZ made significant changes to the parent residence category, which included introducing a new two tier qualification system for parents of New Zealand residents and removal of the Adult Child/Adult Sibling category. Applications that had previously been submitted under the old instructions were initially “held in limbo”. However we are now seeing INZ actively processing these applications and expect that most of the old family applications will be finalised in the current immigration year, with only those submitted just before the policy was stopped being carried over to the July 2016 year.

The new two Tier system categorises parents as Tier 1 or Tier 2 applications with priority given to Tier 1 applications, and historic old policy applications, to fill the annual quota. All applicants must be sponsored by an adult child who has held New Zealand residence, and lived in New Zealand, for at least 3 years. In addition Tier 1 applications must include evidence of either the sponsor’s income or parents’ income/assets sufficient to satisfy the required financial support criteria.

The current parent residence category requires a hard copy expression of interest (EOI) to first be submitted by eligible applicants. EOI’s are then held in a queue and selections are made every 3 months in February, May, August and November. The number of EOI’s selected is varied in each selection draw to align with the number of residence approvals required to achieve the annual 4,000 people quota. Tier 1 EOI’s are selected based upon the order they have been submitted with the oldest selected first. Technically, any quota shortfall will be made up by Tier 2 applicants, however due to the volume of EOI’s being submitted under Tier 1, no Tier 2 EOIs (which have lower financial support criteria) have ever been selected – and we do not see any possibility that this will ever change.

In the most recent EOI draws approximately 650 EOI’s have been selected, comprising some 1100 applicants (this number depends on whether the EOI is for a parent couple or single parent). In the latest draw, on 16 May 2016, all Tier 1 EOI’s submitted on or before 13 August 2015 were selected (a total of 606 EOIs representing 1,112 people), leaving 2,973 EOI’s remaining in the EOI pool. The size of the EOI pool is growing at each draw, and given that approximately 650 EOIs are, on average, being selected each time this means that well over 1000 new EOI’s are being submitted every 3 months. Consequently, we estimate that EOIs now being submitted will not be selected for another 12+ months, and it is likely this timeframe will only get longer given the continuing demand for parent residence as more children become eligible sponsors.

If you are considering applying under this category or are considering sponsoring your parents, we strongly recommend seeking professional advice. Firstly, to assess eligibility and secondly, to see if it is possible to submit an EOI in advance to secure a place in the EOI queue.