Is the new 2021 Resident Visa category open to misuse? - Visa Matters

Is the new 2021 Resident Visa category open to misuse?

OPINION: It’s good news that 165,000 people on temporary visas will qualify for residence in New Zealand. And the bad news?

Some people who don’t qualify may use fraud to meet requirements under the new 2021 Resident Visa category. And many will get away with it.

Let me give you an overview.

On September 30, 2021, Minister of Immigration Kris Faafoi announced that people who were in New Zealand on 29 September, holding an eligible work visa, could be approved residence if they meet one of the following requirements:

  • they were in New Zealand for 821 days in the three years before 29 September, or
  • they were working in one of 250 occupations on Immigration New Zealand’s (INZ’s) ‘scarce lists’, or
  • they were paid at $27/hour or more on 29 September, working in a full-time role.

Hopefully, there won’t be much argument about whether people meet the first criterion. Either you have spent 821 days in New Zealand or you haven’t.

But most people will only be able to apply for residence from March 1, 2022, and they will need to stay on work visas until they lodge their application.

That is, if you no longer hold an eligible work visa, you may no longer qualify for residence.

Are you really working in a job on one of INZ’s ‘scarce lists’?

I can foresee plenty of arguments between INZ and applicants who are claiming that they work in one of the occupations on the ‘scarce lists’.

In the past, the main reason people have been refused Skilled Migrant Category visas is that INZ doesn’t accept that they are performing most of the tasks of that occupation.

For example, people claim to be forestry workers, but INZ says, ‘You are doing some of the tasks of a forestry worker, but not enough to convince us that you are a forestry worker – visa refused.’

That conflict is likely to continue under the 2021 Resident Visa category.

Were you really being paid $27/hour on September 29, 2021?

The wages issue will be INZ’s biggest test.

Already, some people have negotiated with their employers to backdate pay increases to September 29, 2021 or earlier.

Say a worker received their last pay on September 27 at $25.50/hour. Their next pay is due on October 11. So last week, they asked their employer to show that their pay increased to $27/hour for the whole two weeks from September 28 to October 11.

INZ has told me that this is not the intent of the new policy – but I know for a fact that it’s exactly what people who need $27/hour to qualify for a 2021 Resident Visa are doing, with the help of their employers.

Only some of these pay raises will be genuine.

INZ promises to draft its new policy to prevent this kind of scam, but when I asked, they didn’t explain how.

“This was a deliberate decision to avoid situations where an applicant’s earnings were adjusted to enable them to meet the policy requirements after announcement and immigration instructions will likely reflect this,” an INZ manager told me earlier this week.

The devil, as always, will be in the detail

On the face of it, criteria for the new 2021 Resident Visa seem easy to meet, but I can guarantee there will be battles aplenty once applications have been lodged.

The Government has not yet finalised its detailed policy, and the devil, as always, will be in the detail. It is likely there are details which we don’t know yet.

That’s why I highly recommend people seek an experienced immigration adviser or lawyer to give them the best chance of being approved. Advisers can also accurately assess and advise whether their family members outside New Zealand can be included in their applications.

The 2021 Resident Visa is also being called the ‘One-off’ Resident Visa. It’s the most generous entitlement to residence this century, and likely won’t be repeated for many years to come.

The ‘One-off’ Resident Visa closes on July 31, 2022, and applicants are likely to have only one chance to apply before then.

For those migrant workers who have spent tens of thousands of dollars on their education in New Zealand and are now eyeing their eligibility under this new category, it would be a shame if they overlooked one of the details of the requirements and ended up not being approved.

Do it once, do it right.

DISCLAIMER: This article does not constitute immigration advice. Individuals need to seek personal advice from a New Zealand licensed immigration adviser or lawyer to assess their unique situation. Ankur can be contacted at info@visamatters.co.nz.

View Article in Stuff.co.nz ↗