What Do You Mean I Don’t Qualify?

In my line of work, you have to be comfortable telling some people that the best option, is no option at all. Unfortunately for every person we assist through this process, there are an awful lot more who simply don’t qualify and explaining that to them can be really a difficult thing to do.

The migration process takes no prisoners and can be complicated, expensive and incredibly stressful, so to embark on something like this, you need to make sure you have a clear path ahead, meet the requirements and can fulfil all of the various criteria along the way. There are always things that might change or circumstances that can come along to disrupt even the best laid plans, but if you dont meet that very basic level of eligibility, this is not a process you want to take on.

However, telling someone who has set their mind to making the move, that they dont actually qualify, can be a really difficult thing to navigate, no matter how necessary it might be. I have experienced my fair share of abuse over the years for telling people who think they qualify, that in fact they dont - or that the pathway they have started walking down is ultimately not going to lead them to being able to live here permanently. Its a tough part of the job but also an absolutely necessary one.

Let me explain why saying “no” can be just as powerful in the Visa process as saying “yes”.

Very recently I had an interesting (and fairly confronting) email exchange with a migrant hopeful - someone based in South Africa, keen to make the move and furiously investigating his chances. He approached me and asked for an assessment of his situation, which I was more than happy to do. As is our standard practice, I asked for his details, CV and other background information and then compared all of that against the rules we have now and the rules due to come in to effect in October. I also looked at all other possible Residence scenarios (there are quite a few) to ensure we left no stone unturned.

The results of that assessment were unfortunately negative and apart from a temporary Visa scenario, there was no way for this individual and his family (partner and two young children) to make the permanent move. I could have presented a whole raft of temporary options to work or study here, but if none of those have a realistic chance of securing the long-term goal of Residence, there really isn’t much point. I explained all of that to him as best I could, appreciating the disappointment that might create.

Apparently I was wrong, and according to this individual, he did qualify and someone else had told him so. That of course lead me to wonder why he needed my opinion on the matter at all, but unfortunately in this process, not everyone’s advice is created equally.

I went on to explain the specific details as to why he would fail to meet the soon to be released Skilled Migrant Category requirements, largely based on a lack of a suitable qualification and the ability to earn the salary required under other work to residence pathways. This was not to say he was not skilled, just that he did not meet the criteria required to make this process work.

Apparently I was still wrong and he spared no expletives in letting me know. However whilst his disappointment was significant, the anger was short lived and eventually he realised that I might actually know what I am talking about. In the end and after several further exchanges, he thanked me for being honest and for doing what the other individual had not, which was to tell him what he needed to know. That, right there, is why saying “no” can often be far more beneficial than saying “yes”. Despite taking a few emails to get there, this individual did appreciate the advice, despite it being the opposite of what he wanted, because he could now look at other options or focus on other things - potentially many thousands of dollars, better off.

The road a migrant travels, to get from anywhere in the world to New Zealand, is a complicated one and its also expensive (financially and emotionally). To invest in the process, you need to know that it is going to work or at the very least you have a very good chance of success and can manage any potential issues or risks. I believe that a big part of an advisers job is to clarify that chance, explain those risks and where there is no chance or the risks are just too great, to make it very clear to the person, why.

It is very tempting when you are pursuing a dream as big as a permanent move to another country, to search for the answers that fit that dream - to hunt around until someone tells you what you want to hear, but that may not necessarily be what you need to know. I don’t take any joy in telling people they don’t qualify but I sleep very well at night knowing that I have hopefully (if they listen to me), saved that person from the enormous expense in time and money to start a process that will ultimately fail.

This can be tricky for the would-be migrant, particularly knowing who to trust in terms of the advice you seek. My advice is to go by personal recommendation, do plenty of homework on the person you plan to engage, ensure they are correctly licensed and if they are telling you it won’t work, when someone else might have told you it would - there is probably a very good reason why.

Also, be wary of things that sound too good or too easy to be true - the migration process is never simple, even for the those who believe their case is “straight-forward”. Migrating is a challenge, even for people that genuinely fit squarely in to the criteria. The commitment this process requires, should also never be underestimated.

Of course, I am going to add here that migration is never black and white either and for all applicants there is risk, and it is the level of risk that you need to manage. In cases where the situation is more complex or perhaps you have fallen of the Visa wagon and need some serious help, getting realistic advice is even more crucial. We see this a lot and it is unfortunately where the quality of advice can vary greatly.

When you are in a tricky spot, perhaps here unlawfully or your application has hit an immigration officer brick wall, you need to know what your chances of success will be and whether there is a way out. In these situations, it becomes even more tempting to try and find the answer that makes you feel better - but really you just need the right answer, even if it does lead to disappointment.

For me, having done this for so long, I take as much pride in steering people away from this process as I do, guiding them through it. I appreciate that might sound a bit strange, but I would like to think that all of those people who have avoided unnecessary cost and failure by pursuing an application that was doomed to fail, will thank me just as much as the thousands that that I have and will see safely through the process.

Migrating is not for the faint of heart, but for those that can meet the requirements and can navigate the challenges, it can be an incredibly rewarding and life-changing experience. Unfortunately not all people who want to pursue this pathway can be successful and in fact, having reasonably strict criteria is in part what makes New Zealand so desirable in the first place.

If you are contemplating the move and looking at the options, get some good advice, advice that you can trust and then stick with it. If that advice tells you, that this isn’t for you then remember even if that disappoints you, the person telling you might have just done you a really big favour.

Until next week.