1 December 2021

NZ 2021 Resident visa.

Phase one of applications opened this morning 1^st December, 2021.

The INZ website is already experiencing problems with relatively low numbers of eligible applicants.

Hopefully this issue is resolved well and truly before 1^st March 2022 when the largest proportion of applicants will be eligible to apply

This Visa route / Option is great news for migrants and for NZ employers as the new residents will be able to be part of a stable New Zealand workforce.

There are some rules designed to defeat those who must apply in Phase 2 (applying in March 2022) from applying in Phase 1 group on December 1, 2021.

The rules are clear – people who try to game the system will get declined. [S6.10 (a)(ii)]

Potential Issues

Although Immigration New Zealand want this to be a simple and quick process, there is capacity for applications to be declined based on “insufficient evidence” of criteria being met.

The issue of sufficient evidence is a risk and cases declined for this reason will potentially make for some interesting IPT appeal decisions.

The Scarce lists are classed by an occupation title. This by default has the potential to create issues around consistency with ANZSCO descriptions and Job Titles.

Communities where arranged marriages are a customary, there is some disappointment that spouses cannot be included if a couple have not lived together for 12 months.

Those in this situation will need to plan what they need to do to secure a visa for their spouse to come to New Zealand.

It is going to require forethought and good planning and some hard practical decisions, especially if they must leave New Zealand after the grant of residence, to live with their spouse for future applications for their partner.

That could have downstream consequences on the resident Visa holder’s ability to secure permanent residence.

NZ Border – Staged Opening. 

There are three stages to the border ‘opening’ published, being the following:

• Fully-vaccinated New Zealand citizens, certain New Zealand residence-class visa holders and other eligible travellers under the current settings from Australia from 11.59 pm on 16 January 2022;
• Fully-vaccinated New Zealand citizens, certain New Zealand residence-class visa holders and other eligible travellers under the current border settings, from all but very high-risk countries, from 11.59 pm Sunday 13 February 2022 and
• Fully-vaccinated foreign nationals (possibly staged by visa category), from 11:59pm on Saturday 30 April 2022.

In addition, eligible travellers from Indonesia, Fiji, India, Pakistan and Brazil will be able to enter New Zealand without the need to first stay in a ‘lower risk’ country for 14 days immediately prior to arrival. 

Arrivals from Papua New Guinea will continue to have this restriction imposed on them.

January 22 and February 22 Entry

MIQ is finally being taken out of the equation for a vast majority of individuals who are currently eligible to travel to New Zealand. They will now be able to enter the country, albeit a bit later than many would hope. 

The first two cohorts being able to travel into New Zealand on 17 January 2022 and 14 February 2022 respectively. From an immigration context little has changed except for loosening the restrictions for arrivals from ‘very high-risk countries’ such as Indonesia and Brazil.

‘New” resident visa holders granted residency visa prior to the border closure who have not been able to come to New Zealand (and are therefore locked out with auto-extended resident visas valid until 11 September 2022), will still be locked out until at least 1 May, 2022. 

Border Relaxation / Opening from 1 May 2022

The information released by the New Zealand Government advises that there will be a staged re-opening of the border. The expectation is that it will be staged by visa category and it will be slow and controlled. 

We expect that any staged reopening of visa categories (for entry) will be in line with the current government’s policy objectives. There will be significant pressure from businesses to allow more skilled migrants to travel into New Zealand,

as well as tourist operators wanting to restore their businesses along with tertiary education providers wanting to attract international fee-paying students and residents wanting to bring in more of their family. 

There is clearly going to be many pressure points created. 

Conclusion

New Zealand will lose significant investment, including skilled migrants and international students to other countries, especially Australia. This is because our border settings are still effectively closed whilst Australia is opening to the rest of the world. 

Migrants generally look at a range of countries when considering their options. New Zealand is an attractive option however people generally will not wait when there are other options that present and that meet their timing expectations.

The Covid pandemic continues to evolve and mutate World-wide. New Zealand continues to have trouble adjusting and managing the COVID-19 pandemic response. 

The recent Government announcements clearly stated that if things were worse than expected, there will be a further restrictions imposed. The hope is that NZ responds better than expected to the COVID-19 challenge in 2022 and that the border settings are relaxed further.

If you are a New Zealand employer experiencing issues sourcing or bringing staff into New Zealand or a Migrant looking to enter New Zealand, I welcome the opportunity to discuss options with you. 

If you require additional support with your immigration requirements please contact Steve and his team via the details below.

Steve Baker DDI 03 353 0680 M 027 212 5483 E steve.baker@enterprise.co.nz