SMC Changes Ahead

For those of you keen on making the move, or perhaps you are already here and looking to stay - the next few months are going to be fairly crucial as we usher out the old Skilled Migrant Category (“SMC” for short) and then welcome in a new era of the SMC - 6 Point system. Our current SMC category, which has been in place for many years and in various forms, will close with the last Expression of Interest (EOI) selection taking place next week on Wednesday. The new SMC system will officially become part of the rule book on 09 October, leaving a brief two month pause between systems, allowing time for INZ to clean things up between policies.

There has been a bit of a mad rush for people to file the EOI’s under the existing system, which I suspect will lead to a spike in the number of EOI’s and EOI’s that have been submitted incorrectly with the wrong points claim - when the last boat is about to set sail, there is no end to the lengths people will go to climb aboard. That will then inevitably lead to a much slower process from being selected to being invited to apply, as INZ sorts the good from the bad, amidst a large mountain of hopeful applicants.

If you aren’t familiar with the proposed new SMC system, which will become one of the key migration pathways for people in the future, we have several recent articles that outline the key points (this one is particularly useful). Essentially the new system will introduce a two-tiered process, where applicants will either directly qualify for Residence or be required to work for between one and three years in NZ in order to secure sufficient points. In other words, the difference between a direct to Residence or work to Residence option.

Its a fairly substantial shift in processes and as our previous articles highlighted, will open the door for some applicants and slam it firmly shut for others. Knowing which of those two categories you fall in to is half the battle.

The mad rush to the finish line for the old SMC.

The current SMC process, based on being able to secure 180 points, will see its final selection round take place on Wednesday 16 August, which means that you have up until 11.59pm on Tuesday, the 15th to submit your EOI in to the pool. For many this will create a mad-rush to get their EOI ready and filed before the deadline. That rush to submit will potentially lead to a few mistakes along the way and this is one draw, you can’t afford to get wrong.

There will also be plenty of people who take their chances, submitting EOI’s that wont meet the requirements, despite having a total of 180 points or more. This will inevitably lead to a clogged up system and a slower timeframe for people to receive their invitations to apply. It could also mean, that a number of people who don’t qualify are still invited, but end up being declined later (having paid their fees to INZ). We know that currently INZ are taking a very “light-touch” approach to assessing EOI’s and so there are bound to be things that get missed.

If you dont make this round for whatever reason, there are still potentially options for you, including the new SMC 6 process, although it could mean a longer period before you apply or the newer Straight to Residence and Work to Residence pathways based on the Green List of occupations - if you meet those criteria.

The advice from us, to those that are contemplating which way to go, with the last EOI draw looming is to make sure you know what you qualify for and what you might have to do to meet the new rules. Also, bear in mind that even if you are invited to apply on the basis of this last draw, that doesn’t guarantee that you will be approved. If your EOI claim is wrong, but INZ have missed seeing why and you are invited and apply - it could end up being a very costly mistake.

We are assessing clients now, who have submitted EOI’s in recent draws, where INZ have issued the invitation but we can clearly see that they dont actually qualify or at least have to do something quite different to make it all work. Even if you have submitted your EOI and if you have been selected, it is never too late to get a qualified second opinion - before you invest in the next step and make your formal application.

What if dont qualify under the new process?

There will also be a few people who don’t qualify under the current system and have potentially also been knocked out from qualifying under the new SMC 6 process - I spoke to a family in that situation earlier in the week. They were lucky enough to secure Work Visas to come here, but beyond that, there was no clear pathway to Residence. The reality is, that not every person who wants to make the move, will be able to do so and the new SMC 6 settings do add another layer to the process, making it harder for those who are not in a registered profession or with less than a Bachelor degree qualification.

It is now more important than ever for would-be migrants or those already here looking to stay, to get really clear advice as to their options. With the change from one process to the next and the requirement under that new process for most applicants to accumulate work experience here, the steps, requirements and potential pitfalls can be overwhelming. On the plus side, we now have a much greater variety of options for skilled migrants to apply and potentially much faster processing times than we have had to deal with over the last few years.

Will there be more changes?

This is a question I am asked almost daily, particularly considering the volume of changes we have had to deal with in recent months, as well as the looming national election in October. It does seem more and more likely that we will see a change in Government in October and that could very well lead to changes to the Visa process, however those may not come quickly. A change in Government doesn’t usually lead to instant changes in the immigration system and so far most opposition parties have been very light on detail when it comes to how they might manage the Visa system.

If we do change over those at the helm of the country, I would expect a 12 month or more timeline before we see broad changes to the immigration processes we have now. What I would suggest however is that any change they do bring, is likely to be no more complicated than what we already have. Opposition parties have spent the better part of the last two years, arguing that the current rules need to be relaxed.

Despite all of our recent rule changes promising a much simpler and more streamlined process, it is now, more than ever before, crucial for potential applicants to be aware of their options, what those options require and have sound guidance through the process. Their are still fantastic opportunities available here, for those committed, but to realise them and to see the end result through successfully you need a good guide.

If you are here and trying to figure your next move as these changes sweep through or you are offshore and thinking about making the move - get in touch and let us work out the way forward for you.

Until next week.