Stronger visa law powers to government

[cric0312]

I have copied below message from Priyanca Radhakrishnan MP Facebook page. I hope this clears few doubts here;
https://www.facebook.com/priyancanzl...61077400601512

[U][U]

It has been brought to my attention that there has been a fair bit of concern (and misinformation being spread) that the Immigration (COVID-19 Response) Amendment Bill that will be introduced to the House this afternoon, will have a negative impact on temporary visa holders here in NZ and offshore. This is incorrect.
We need to be able to respond quickly and efficiently to the unprecedented situation COVID19 has put us all in.
The Bill aims to make it easier and quicker to help those on temporary visas and Resident visas by allowing us to help whole groups of people at once for free, instead of one-by-one, which is time consuming and expensive.
Here are some examples of what the Bill aims to do (this is not an exhaustive list):
- To relax employment conditions so that workers can work for a different employer or at a different location
- To allow offshore resident visa holders more time to enter NZ given border restrictions due to Covid19
- To extend visa expiry dates for people who are offshore who may not be able to travel to NZ within the time their visa is valid for.
This Bill has been put forward to help groups of people at once, making it easier on everyone, and when it would otherwise be overwhelming to do individually. Also, all these proposed powers will be automatically revoked in 12 months.
I know that the misinformation being shared about this Bill has caused some to assume that temporary visas and PRs would be revoked arbitrarily by the Government as a result of the Bill. This is not true.
Please feel free to get in touch with me if you’d like more info about the Bill or if you have any questions. I'm in contact directly with the Immigration Minister about these issues.
Finally, the Bill will be tabled in the House this afternoon and I will share the Minister’s First Reading speech to provide more information. Please feel free to share this post to counter the misinformation that's causing many people considerable stress.

[LemonAndPaeroa]

Thanks for that!

[EGoodhue]

Current version of the Bill can be read here: http://legislation.govt.nz/bill/gove...mcVfu-E2_XvrMQ

[Kelerei]

I haven't read through the temporary visa sections, but I did read through the Resident Visa section (Section 5 of the amendment bill), and my opinion is that those holding Resident Visas have little to worry about.

There's two things that may happen to current Resident Visa holders:

• A variation in conditions that relate to travel to New Zealand. In my opinion, this will be primarily targeted at those who have had Resident Visas granted offshore and who may no longer be able to enter New Zealand before their first entry conditions expire. It's possible that this may also be used to extend multiple entry travel conditions for Resident Visa holders stuck overseas.
• Conditions on Resident Visas pertaining to employment may be varied, or removed entirely. This will primarily affect holders of Resident Visas granted under the Skilled Migrant Category, where Section 49(1) conditions relating to employment have been imposed (see SM11) -- and would be beneficial to these visa holders if such conditions are removed. I'm not aware of any other residence-class visa category having conditions on employment.

[Agam13c]

thanks dear kelerei for update .hopefully will be positive for condition 49

[everest]

I haven't read through the temporary visa sections, but I did read through the Resident Visa section (Section 5 of the amendment bill), and my opinion is that those holding Resident Visas have little to worry about.

There's two things that may happen to current Resident Visa holders:

• A variation in conditions that relate to travel to New Zealand. In my opinion, this will be primarily targeted at those who have had Resident Visas granted offshore and who may no longer be able to enter New Zealand before their first entry conditions expire. It's possible that this may also be used to extend multiple entry travel conditions for Resident Visa holders stuck overseas.
• Conditions on Resident Visas pertaining to employment may be varied, or removed entirely. This will primarily affect holders of Resident Visas granted under the Skilled Migrant Category, where Section 49(1) conditions relating to employment have been imposed (see SM11) -- and would be beneficial to these visa holders if such conditions are removed. I'm not aware of any other residence-class visa category having conditions on employment.

This is the bit that worries me....if it revokes the automatic right most resident class visa holders have, to enter the country.

New section 113A inserted (Revocation of deemed entry permission)
After section 113, insert:
113A Revocation of deemed entry permission
(1)
This section applies if a person’s entry permission is deemed to have been granted under regulations made under this Act.
(2)
An immigration officer may revoke the entry permission if permitted or required by, and only in accordance with, immigration instructions certified under section 22(1)(b).
(3)
Subsection (2) applies despite anything in the regulations under which entry permission is deemed to have been granted or in any other provision of this Act.
(4)
If the person arrives at an immigration control area, entry permission may be revoked at any time before the person leaves the immigration control area.
(5)
If the person arrives in New Zealand other than at an immigration control area, entry permission may be revoked within 72 hours of the person first arriving in New Zealand.
(6)
A revocation under this section is made by entry on the records of the Department and takes effect immediately.
(7)
Without limiting the generality of section 22, immigration instructions certified under section 22(1)(b) may provide for the revocation of entry permission that is deemed to have been granted under regulations made under this Act.
(8)
This section is repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.

[LemonAndPaeroa]

This is the bit that worries me....if it revokes the automatic right most resident class visa holders have, to enter the country.

New section 113A inserted (Revocation of deemed entry permission)
After section 113, insert:
113A Revocation of deemed entry permission
(1)
This section applies if a person’s entry permission is deemed to have been granted under regulations made under this Act.
(2)
An immigration officer may revoke the entry permission if permitted or required by, and only in accordance with, immigration instructions certified under section 22(1)(b).
(3)
Subsection (2) applies despite anything in the regulations under which entry permission is deemed to have been granted or in any other provision of this Act.
(4)
If the person arrives at an immigration control area, entry permission may be revoked at any time before the person leaves the immigration control area.
(5)
If the person arrives in New Zealand other than at an immigration control area, entry permission may be revoked within 72 hours of the person first arriving in New Zealand.
(6)
A revocation under this section is made by entry on the records of the Department and takes effect immediately.
(7)
Without limiting the generality of section 22, immigration instructions certified under section 22(1)(b) may provide for the revocation of entry permission that is deemed to have been granted under regulations made under this Act.
(8)
This section is repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.

Yep I’m concerned too. Theyre giving positive examples (of the Private jet crew in this case) but it doesn’t stop them from using it negatively.

[EGoodhue]

All of the powers outlined in the Bill are intended to contain or mitigate the outbreak of Covid-19 in New Zealand. There's been no indication that the Minister intends to revoke entry permission for Resident visa holders. BUT, if doing so was going to contain a further outbreak of Covid-19, who could blame him really? It's important to keep in mind that these powers will be in place for a maximum of 12 months and are related to the pandemic - this will not be the way immigration works forever.

[LemonAndPaeroa]

Seems rather unfair to me to grant people permanent entry permission and then take it away from them. I would get it if they did that to spread the load of arrivals to be quarantined and maybe people would have to wait to come in - but I paid for these rights and now they can just be taken away from me. It’s very concerning that should I travel overseas for family reasons, I might not be allowed to come back any time soon. I would lose my job.

[JandM]

To be blunt, I imagine the NZ government is more concerned about saving lives - including, potentially, yours - than being "fair" for 12 months. To put this answer in perspective, here in the UK, because my partner and I have underlying health issues that would mean complications and big use of medical resources if we were infected, we aren't allowed beyond our own property line - I haven't been anywhere since the beginning of March - and this "house arrest" is likely to continue till a reliable treatment and vaccine are discovered.