In July, I wrote about the Case of the Health Care Assistant. After an unnecessarily complex and expensive process by INZ which was eventually sorted out after a formal complaint, I’m delighted to confirm that our client has been granted her work visa.
Unfortunately, she, as does anyone who has a visa application declined, must in any future visa application to any country, admit she has had a NZ visa declined, which may raise character concerns. Coincidentally, while her case was in process, we were contacted by another major organisation in the health care field with an almost identical situation. As a result of that call, I presented a seminar to their staff and management on the issues involved, what is achievable, what is not, and why.
One of the more obscure Visa categories is the Transit Visa. This is a Visa required by people who are “transit passengers” and are intending to travel to and be in New Zealand only as a “transit passenger”. A “transit passenger” is defined in immigration instructions as persons who:
“arrive in New Zealand from another country while in transit to another overseas destination” and “throughout the entire period during which they are in New Zealand, remain on board the craft they came to New Zealand on, or in an immigration control area, or in the custody of the Police”.
When I first came across this Visa category I was surprised that some people require a Visa to even be in a New Zealand airport, let alone venture out past customs. There are however a number of exceptions. In effect, there are about 21 countries which the citizens of require a Transit Visa to enter a New Zealand, which are:
On Monday evening the Minister of Immigration spoke at a dinner hosted by the Immigration & Refugee Committee of the Auckland District Law Society (Inc.). Here are a couple of things that he talked about. It is also interesting to compare what follows with my comments on last year’s Ministerial dinner. In some respects, the more things change, the more they stay the same . . .
Lies, Damned Lies, and Immigration Statistics
While I am hardly an apologist for the Government, I agree with the Minister’s comment that the figures being bandied around about the supposed flood of migrants into New Zealand. I commented about this in a recent post, and I take heart from some common sense being talked by the likes of Nigel Latta.
“Help, I’m going to be deported! I have to leave the country tomorrow!”
We often hear a variation of this theme down the phone line. Someone calls up because Immigration Officers have turned up at their doorstep, they have been taken into custody, they have had a visa declined, or they get a letter from Immigration New Zealand telling them that they have to leave New Zealand. Any number of things can happen that trigger deportation liability, so no two situations are ever completely the same. We have seen a very noticeable increase in the number of people coming to us who are threatened with deportation – why is this the case?
Immigration New Zealand has recently posted some new articles on their website which are dedicated to “Keeping it Clear”, tips for those assisting migrants and students when providing information to an audience that is new to New Zealand. The articles point out that many newcomers to New Zealand are English speakers but the fastest growing groups come from countries that are not. The articles note that Kiwi English is often different to the English that newcomers know.
The Immigration New Zealand articles encourages speakers of Kiwi English to “get to the point”, to “use short sentences”, “use short words”, “reduce redundancies”, “stay consistent”, “junk the jargon”, “avoid contractions” and avoid “too much negativity”. Interesting advice!
Not Skilled Employment
‘L’ came to us nearly three years ago. He and his partner were from the UK and he had employment in a major freight company, as a specialist equipment driver and trainer. ‘L’ had UK qualifications and experience and his employers were keen to assist him to proceed to residence.
Unfortunately, his job would not be recognised by Immigration NZ (INZ) as skilled.
We were able to work with the employers, to assist them to obtain Employer Accreditation with INZ and to then apply for a Talent visa for ‘L’. He has now completed the mandatory two year employment on his Talent visa and is applying for residence.
This quote was the headline of a New Zealand Herald article about the Government’s reaction to recent claims that immigration was a major driver of the house price spiral; that it was the reason why unemployment is on the rise; and so on, and so on. It is almost inescapable that immigration will be one of the biggest battlefields upon which the next Election will be fought. On the one hand, cool and calm “business as usual” but masking some determined avoidance of underlying issues (National). On the other, hysteria and xenophobia (Labour and NZ First).