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Becoming a Residential Care Officer is one possible pathway to live and work in New Zealand.

An offer of employment as a Residential Care Officer may make you eligible to apply for an Essential Skills Work Visa – subject to an employer demonstrating that they have tried to recruit New Zealanders for the position and have been unsuccessful.

Employment as a Residential Care Officer could also allow you to claim points under the Skilled Migrant Category (SMC) Resident Visa – provided you have sufficient total points to meet the requirements of this points-based resident visa.

What is a Residential Care Officer?

Residential Care Officer is one of the jobs listed by the Australia & New Zealand Standard Classification of Occupations (ANZSCO). The ANZSCO lists the jobs recognized by Immigration New Zealand for visa application purposes. The ANZSCO also lists the Skill Level of each job, which is important information for deciding which visa types an applicant may qualify for. A Residential Care Officer role has a Skill Level of 2.

According to the ANZSCO description, a Residential Care Officer “[p]rovides care and supervision for children or disabled persons in group housing or institutional care.” The ANZSCO also lists the tasks a Residential Care Officer performs as follows:

  • assessing clients’ needs and planning, developing and implementing educational, training and support programs
  • interviewing clients and assessing the nature and extent of difficulties
  • monitoring and reporting on the progress of clients
  • referring clients to agencies that can provide additional help
  • supporting families and providing education and care for children and disabled persons in adult service units, group housing and government institutions

 

How do you know if you are a Residential Care Officer?

Meeting the standards required of an ANZSCO occupation is not dependant on your job title. Your official job title might be “Residential Care Officer” on your employment contract, but that does not necessarily mean you meet the ANZSCO requirements of the role. Conversely, though your official job title might be completely different from “Residential Care Officer”, you may still meet the ANZSCO requirements. More important than your job title, and even more important than your written job description, are the tasks and duties that you actually perform in your role and how these are able to be evidenced.

Unlike other roles in the care sector, Residential Care Officers are not primarily engaged in looking after the day to day needs of patients and clients. Instead they have strategic and long-term oversight of client care. In this way, Residential Care Officer roles differ from roles like that of Personal Care Assistant, Nursing Support Worker or Aged or Disabled Carer, and carry a higher ANZSCO Skill Level. However, Immigration New Zealand (INZ) has shown a tendency to assume roles in the fields of care and welfare, are primarily about personal caregiving. This is why it is important to provide very credible and well-documented evidence in support of an application, proving that you routinely perform the relevant ANZSCO tasks, as core components of your daily work. Recent decisions of the Immigration & Protection Tribunal (IPT) confirm the critical importance of evidence that specifically addresses the Residential Care Officer tasks listed by the ANZSCO.

If you currently work, or plan to work, as a Residential Care Officer, there are a number of immigration pathways to New Zealand potentially available to you. Before making an application it is strongly advised that you seek the guidance of a licensed immigration advisor. Contact Pathways NZ for more detailed information and a free preliminary assessment.

Proposed Work Visa changes will affect New Zealand Racing industry with the large number of trackwork riders holding work visas to work in New Zealand likely be negatively impacted by the changes scheduled for mid August.

 “The Ministry of Business, Innovation and Employment (MBIE) is consulting on proposed changes to temporary work visa settings, through the Essential Skills visa policy. The changes aim to ensure that settlement expectations are clear for temporary labour migrants and that the settings enable access to migrant labour where there is genuine need.

 We are consulting on the following proposals:

  • Using wage or salary information to help determine the skill level and visa conditions of Essential Skills migrants.
  • Reinforcing the temporary nature of the visa and managing the settlement expectations of Essential Skills migrants where they have no pathway to residence.
  • Reinforcing that Essential Skills visas may only be granted for the period for which the employment is offered.”

The Government has proposed changes to Essentials Skills work visas which can be  viewed at – http://www.mbie.govt.nz/info-services/immigration/consultations/proposed-changes-to-immigration-policy-settings-suite-of-proposed-changes-essential-skills-visa/discussion-document.pdf

In summary the Government proposes to use wage or salary information to help determine the skill level, visa eligibility and conditions of Essential Skills work visa applicants.

Apprentice jockey work visas are not impacted on by the proposed changes as these visas are not processed under Essential Skills work visa instructions.

However work visas issued for trackwork riders, jockeys, horse trainers, stable hands, stud grooms and any other stable staff are likely to be caught by the proposed changes.

Cabinet has agreed, in principle, to introduce pay levels to categorise employment into the three skill levels (lower, mid and higher) and it will be these pay levels which will determine visa eligibility, the visa term and visa entitlements in the future.

 

Proposed Essential Skills skill levels and associated visa conditions
Skill level Remuneration thresholds   ANZSCO Visa length Children & partner
Higher-skilled $35.24+ per hour And 1/2/3/4/5 Up to 5 years Yes
Mid-skilled $23.49 – $35.24 per hour And 1/2/3 Up to 3 years Yes
Lower-skilled $15.75 – $23.49 per hour And 1/2/3 Up to 1 year No
$15.75 – $35.24 per hour And 1/2/3

 

The key issue is that any work visa applicant whose pay rate is below $23.49 per hour would be considered to be “lower skilled” and will only be issued a work visa for 1 year. Assuming the situation remains that no New Zealanders are available to fill, or to be readily trained for the role, then the work visa can continue to be renewed every year to a maximum of 3 years.

Once a “lower-skilled” worker has reached the maximum duration of time (3 years) allowed on a “lower-skilled” Essential Skills work visa, there would be a stand-down period where they must spend one year outside of New Zealand before they are able to apply for another “lower-skilled” Essential Skills work visa. However they are able to apply for another type of work visa such as a partnership or student visa, or a “mid-skilled” work visa if their pay is $23.49 per hour or higher and thereby they can continue to remain in New Zealand. The 3 years will begin from the date any new “lower skilled” work visa is issued after the introduction of the new policy and any previous time on a work visa is not counted as part of the 3 years.

Trackwork riders, jockeys, Stallion Masters and Stud Grooms are all roles (with some geographical limitations) on the current Immigration New Zealand Immediate Skill Shortage List (ISSL). This means that these roles are accepted as being a skill shortage and the roles do not need to be advertised. The fact that trackwork riders and stud grooms are currently shown on the ISSL as being classified as “jockey” and “horse trainer” (skill level 3 roles)  is misleading and designed to suit the purposes of the current policy settings. This matter will need to be addressed if trackwork riders in particular are to remain eligible for even “lower skilled” work visas.

Additionally industry employers need to be particularly aware of the importance of keeping time and wage records and that these must accurately record their employee’s work hours. This is because of the nature and irregularity of work hours in the industry and the increased focus Immigration New Zealand now has on ensuring migrant workers are paid correctly. Because many horse industry employees are paid a set wage each week and which is at, or close to, the legal minimum wage (currently $15.75 per hour) any additional hours worked can very easily result in the hourly rate falling below the legal minimum wage – which will lead to problems with the visa application and for the employer involved.

There are additional implications for the family members of “lower skilled” work visa holders. Currently the partners of work visa holders can obtain partnership work visas and their children can be issued student visas to allow study as domestic students up to completion of secondary school. Under the proposed changes the family members of “lower skilled” work visa holders will need to obtain a visa in their own right and not as the partner/child of a work visa holder. This is a major change which will significantly impact on work visa holders who have their family with them in New Zealand, or are anticipating their family members joining them in the future.

It is important that work visa holders who have visas expiring over the next 12 months consider applying for new work visas before the policy changes are due to take effect in mid August in order to get the maximum time allowed under the current policy settings. It is similarly important that any family members now in New Zealand holding visas issued on the basis of the family relationship also extend their visas as long as possible under the current policies.

Pathways acts for many of New Zealand’s leading horse trainers with their staffing visa requirements.

For expert immigration advice contact a pathways Licensed Immigration Adviser.

Recently announced changes to the essential skills in demand lists have seen the surprise removal of several occupations in the farming sector. Assistant Herd manager and Herd Manager will be removed from the immediate skills shortage list from 30 May 2016. This will lead to increased challenges for farmers to renew the work visas for existing staff and retain valued skills on farm, it will also affect those looking to replace or increase on farm skills.

For occupations on the skills shortage list employers do not need to advertise the job and satisfy INZ that there are no New Zealanders available, as long as the person they wish to offer the job to can evidence the prescribed qualification and or work experience relevant to the role. Now with the removal of these key roles of Assistant Herd and Herd Manager, employers will need to evidence “genuine attempts” to recruit New Zealanders through advertising and a Skills Match Report check through WINZ.

These changes will take away the certainty that farmers have benefited from to date assured that they could easily retain the valued skills of foreign workers essential for the running of their farm operations and for the workers themselves many of whom have held work visas for many years a greater level of uncertainty as to their future in New Zealand.

The changes will come into effect from 30 May 2016 for the new dairy season, all work visa applications submitted before this date should be assessed under the current ISSL rules, it is therefore essential for work visa holders to lodge their new work visa applications in plenty of time so that they can be assessed and decided before the cut off date. This is or particular importance for those who may be changing jobs where they will not have the benefits of an interim visa that allows them to continue working whilst their application is decided.

For anyone who has a work visa expiring after 30 May 2016 serious consideration should be given to applying for a new work visa before these changes come in to place and protect the option to secure a new work visa now rather than the heightened risk of satisfying a labour market test in the future. Of course it all depends on exactly when their visa is due to expire and whether the employer is willing to offer a longer term contract.

Currently work visas for these positions are typically issued for 2 years but given the duration that a work visa is issued for is discretionary we may find that closer to the cut off of the change that we will see this reduced to 12 months. The longer that an employer is prepared to offer an employment contract for, and ideally this will be permanent, then this will help securing a longer term work visa.

For anyone who may be affected by these changes we strongly suggest to take professional advice at the earliest opportunity so they can receive appropriate guidance and form a plan to move forward.