Going toe to toe with the immigration process can sometimes feel like ten rounds in a heavyweight boxing match. You go in with a plan, a strategy and a burning desire to win but along the way you get knocked down, pull yourself back up only for it all to happen again. You hopefully finish the fight a little battered and a little bruised, but holding your title belt high above your head.

In this week’s article we look at what it actually takes to make this work and to do so, I am going to be leaning on a very recent client experience, one, which in my view, demonstrates just how important it is to plan, prepare and be ready for a few knocks along the way. My ‘mantra’ if I had one is that you can never underestimate the amount of preparation that goes in to a move like this but at the same time you have to build in a good degree of flexibility (so you can dodge whatever blows the process might be trying to land on you).

Big news this week, from INZ, with changes being rolled out to partners who wish to join Work Visa holders in New Zealand. The changes mean that for most of these partners, they will now have (once more) the freedom to work for whoever they wish, earning whatever they like, as opposed to the restrictions that the previous Government rolled out in May 2023.

While it might not seem earth-shattering, it is a crucial change to our overall system, because the previous conditions and restrictions were a handbrake on our ability to attract the right people. So a big step in the right direction in terms of New Zealand being able to market itself as a top migrant destination.

As I commuted to work the other day, and scouring my regular news sources for updates on what might be happening around the globe, the first thing that appeared was an article showing the potential leader of the free world, dancing on stage like some sort of bizarre seaweed for roughly 40 minutes. That’s right, the American presidential candidate, Mr. D Trump, the man who might just end up being the most significant player in geopolitical events, was wafting around the stage, with the Village People playing in the background.

The world is indeed a very interesting place. There are probably a few more terms that people might use to describe the state of our planet, but interesting at least “safe for work”.

This article is going to potentially ruffle a few feathers, and before I launch in to the details, I will add this is very much an opinion piece, which I know people will have counter-opinions on. I do however believe that it is a subject worth discussing because it impacts on a significant number of migrants, all of whom are sacrificing substantial amounts of money and time, in to pursuing a dream to study in NZ, that is often being misrepresented, manipulated or simply exploited for sake of lining a few peoples pockets.

Actually, when it comes to those pockets being lined, it would be more accurate to say that there is a river of money flowing, between New Zealand based tertiary institutions and so called “Student Visa Agents” in commissions, which are really nothing more than kick-backs for these individuals steering people to take on particular courses (usually the ones where the kick backs are more lucrative).

These four words “your application is incomplete” are probably going to be fairly commonly heard amongst the many applicants who rushed to file their New Zealand visa applications, before the 01 October fee increases, which came in to effect on Tuesday of this week. Judging by the wobbly status of INZ’s online systems on the previous Thursday, Friday and then the final Monday before the increase, there were a lot of people clicking buttons, to avoid those extra costs and overwhelming the system.

Inevitably that will also mean there are a lot of applications that have been submitted with items missing, documents incomplete or potentially for some who don’t actually qualify. For those who have submitted their applications, taking a few shortcuts along the way, the next few months could become very stressful, and potentially very expensive, if INZ decides not to move the application forward. You might have saved some money now, only to find you end up paying twice for your application to be successful.

Earlier this week, the Government updated the rules for partnership visas, meaning that partners to NZ citizens or resident visa holders, could secure a three year work visa, rather than the current two - that is on the basis that you have been living together for at least 12 months (if less than 12 months, then you still end up with a 12-month work visa, so no change there). This change was to bring one partnership pathway in to line with another (partners to temporary work visa holders).

With all of these rules flying about, it became pretty apparent that there is a fair degree of confusion as to how partnership work visas actually function, what people are entitled to and the different approaches between partners to work visa holders and those in a relationship with a citizen or resident.

This week’s blog is part explanation (of a particularly curly part of our visa process) and part testimonial (having successfully navigated that curly part). For some applicants, who have reached the end of the road with their application, the bastion of last resort, the final draw of the bow, the frayed end of the rope is a request to the Minister of Immigration.

But how exactly does a request to the Minister work and what are the chances of it being successful? Well these are tricky questions to answer, but we will do our best. Just bear in mind that if you end up in this situation, it absolutely pays to seek professional assistance - largely because even though anyone can file such a request (technically), not every one should. Knowing whether this is an avenue worth pursuing is not a science but a good adviser will give you a realistic appraisal of your chances and whether it is worth spending the time and money to tackle this particular mountain.

I always tell potential clients that it isn’t my job to sell them New Zealand, they have to reach the decision to move here on their own and I also suggest that no matter how many people might try to persuade them, one way or the other, the decision to live in another country (any country) is a very personal affair.

However, I can also appreciate that if you are considering a move like this, you will be hoovering up as much information as you can in terms of the pro’s and con’s and it would be fair to say that with ongoing rule changes, our media pumping out economic doom and gloom, and a global shift in the demand for migrants (if you think our system is tricky, check out Canada), then you might stop and think, whether now is the right time.

In fact I have had a few people ask me whether or not New Zealand is shutting the doors and closing up shop when it comes to people making the move here.

I always tell potential clients that it isn’t my job to sell them New Zealand, they have to reach the decision to move here on their own and I also suggest that no matter how many people might try to persuade them, one way or the other, the decision to live in another country (any country) is a very personal affair.

However, I can also appreciate that if you are considering a move like this, you will be hoovering up as much information as you can in terms of the pro’s and con’s and it would be fair to say that with ongoing rule changes, our media pumping out economic doom and gloom, and a global shift in the demand for migrants (if you think our system is tricky, check out Canada), then you might stop and think, whether now is the right time.

In fact I have had a few people ask me whether or not New Zealand is shutting the doors and closing up shop when it comes to people making the move here.

If you sniff around the multitude of social media posts and groups, discussing how a move to New Zealand might work, you will find an unlimited number of guides on how to speak “Kiwi”, why we consider fish and chips (pronounced “fush and chups”), the national dish and a complete history on the trans-Tasman feud over a baked good, made with egg whites (and yes the Pavlova is ours). While these are entertaining and probably useful when you attend your first New Zealand social gathering, they really only scratch at the surface as to what a new life in this country might entail.

Becoming a “Kiwi” is less about understanding the difference between what we might call footwear and others underwear, and more about understanding how your own social cues, norms and traditions might differ to how we do things here. It is about appreciating that a new life in New Zealand is something you work gradually towards, learning as you go, making mistakes along the way and finally coming to a comfortable understanding with.

If you sniff around the multitude of social media posts and groups, discussing how a move to New Zealand might work, you will find an unlimited number of guides on how to speak “Kiwi”, why we consider fish and chips (pronounced “fush and chups”), the national dish and a complete history on the trans-Tasman feud over a baked good, made with egg whites (and yes the Pavlova is ours). While these are entertaining and probably useful when you attend your first New Zealand social gathering, they really only scratch at the surface as to what a new life in this country might entail.

Becoming a “Kiwi” is less about understanding the difference between what we might call footwear and others underwear, and more about understanding how your own social cues, norms and traditions might differ to how we do things here. It is about appreciating that a new life in New Zealand is something you work gradually towards, learning as you go, making mistakes along the way and finally coming to a comfortable understanding with.

What if I told you, that for one of my clients, his ability to secure Residence came down to whether he may or may not have worked an extra nine minutes per week. Well you might think that sounds a bit ridiculous, but for a client we have been working with for the last few months, that is literally what it boiled down to. What was more compelling that those nine minutes per week, were the difference between being able to live here permanently or having to leave forever, because, given his age, this application was his last chance to make it work.

Well truth is often stranger than fiction and the situation described above is absolutely real, and for one client that nine minute problem has been the cause of significant concern, anxiety and stress.

But why was nine minutes such an issue? Well in this weeks article we take another trip down the INZ rabbit hole, to find out what caused this very bizarre situation, what we did about it and of course (so we dont leave you hanging) the final outcome.

When you are the only game in town, the ability to charge whatever you like is pretty easy and that appears to be how the current Government sees our immigration system, who are in fact, the only game in town. Having a monopoly over the visa process, means they control the pricing and in today’s media announcement from the beehive, INZ has been tasked with increasing almost all visa application fees, effective from 01 October 2024.

None of this is unexpected, given the Minister has been signaling fee increases for some time and in news only a few weeks ago, those discussions were being held at cabinet level. At that time, there were some pretty big numbers being thrown about and what we have been given today, appears to be a slightly watered down version of the initial proposal.

ANZSCO (a better explanation follows) is the statistic reference Immigration New Zealand uses to determine whether your job is skilled and what level that skill sits at. It is a cross-border list of occupations, used by Australia and New Zealand for a variety of things, but features heavily in how visas are processed for those coming in under our skilled categories.

Statistics New Zealand’s introduction to this change made the following comment “The current Australian and New Zealand Standard Classification of Occupations (ANZSCO) is outdated, and no longer meets the needs of either country”. Apart from being a fairly damning critique of the system, it is absolutely spot on. ANZSCO was never really designed to be used in the visa process, but was a conveniently available tool to adopt.

I comment a lot on the relevance of “rules” in terms of the New Zealand immigration process and mostly because they are the back-bone as to how the whole system works. Migrants are basic pushed through a mandolin of criteria, rules and policy, and the slices that fall out, should resemble a visa of some description.

However, it is easy to overlook that for most people, their knowledge of how these rules actually work will be limited to tick boxes in an online form or if you go old-school, questions on a paper-based application. Some migrants are brave enough to try and read Immigration New Zealand’s website to see if they can decipher how the process works, but very few applicants find themselves in amongst the weeds of the formal operations manual (most wouldn’t know what that is).

The humble interim visa, which although usually granted to people without having to apply, is often one of the most complicated visas to understand. Interim Visa are essentially a bridge between your old visa expiring and your new visa being approved. Whilst traditionally used for temporary visa applications, they are now also offered to those applying under certain resident visa categories.

Whilst most people assume that interim visas are automatically issued by INZ, there is actually a bit more to it. The timeframes granted and conditions attached to these visas can also be very hard to understand - so this week we dive in to this and have a look at when and how interim visas are issued, how long they last for and what you can do with them.

Yes indeed, it is time to tackle the migrant job search puzzle again, except this time, I have managed to bring in the big guns - in the form of some sage advice from Dawn Headey, an employment specialist who works closely with migrants specifically to tackle this almighty mountain. I roped Dawn in to contributing to this post, because like me, she has a pretty clear understanding of the challenge migrants face, but she also speaks the same language in terms of how to address that challenge.

There is no shortage of people out there, offering “CV preparation” packages to would-be migrants, but in my experience Dawn is one of the only people who actually understands how this process works, and wont just deliver you a template. On that basis, I asked Dawn to add her tips and tricks for migrant job seekers, which I will share below.

New Zealand has developed this fascination with employment being the key component in assessing a migrant’s potential value and therefore eligibility to reside here permanently. There is logic to this of course, but could we be thinking bigger in terms of the value that migrants bring and how we actually measure that?

The problem with using just one main qualifying criteria (in this case, having a job here) is that it means we miss out on so many other great quality candidates who are likely to bring so much more value to the country over time. Personally I think New Zealand needs to think bigger in terms of how we attract the best and the brightest to this little slice of paradise.

It seems that ambush policy is the modus operandi for this new Government and on Wednesday, 26 June, the Government rolled out further changes to Work Visa policy - targeted specifically at partners to people here working in lower skilled roles on an Accredited Employer Work Visa.

These changes essentially mean that partners and children of those people here, working in roles at skill level four or five, will not be able to secure visas based on their relationship and will have to qualify independently. A strong signal that the focus for this Government is on reducing lower skilled migration and increasing the numbers of higher skilled able to come in.

Usually that sentence ends with “where the heart is” and I am certain that is true for most, but for the potential migrant to New Zealand, home is usually wherever the job might be and in the current climate, being able to pick and choose your end destination in New Zealand is becoming less important (and less likely).

Usually when I consult with a hopeful migrant, they have a fairly clear idea as to where they want to be, and usually that destination revolves around somewhere they might have visited previously or where their family or friends might be. That makes perfect sense, when you consider a move like this, then naturally you will look for a comfort zone.