Immigration Minister thoughts - work visa extensions getting tough

[Tariq Shahzad]

https://www.facebook.com/36493489023...587661939/?d=n

[Kelerei]

While I'm not on Facebook and can't read the link, I can't say that this is entirely unexpected. This communication that Erin received from INZ earlier this month was the first shot across the bow.

Those of you who have applied for Essential Skills Work Visas know that your job is already tested against the local labour market: if a New Zealand should be available to fill that position or be trained to fill that position, the Work Visa should be declined. It doesn't matter if no New Zealand applied, or that those that apply can't be trained up, or that those that apply don't match the attributes that the employer desires: it only matters that the immigration officer might conclude that a New Zealander "should" be able to do the job or be trained for the job. The immigration instructions in this regard (WK3.10) are pretty clear.

Now, these criteria are not new: there's been minor amendments to them over time but the core has remained the same. Most people didn't really notice them that much pre-COVID, as the unemployment rate was low enough that anyone wanting skilled employment would be able to find it (and those unemployed were pretty much the unemployable), and the labour market across the board was tight enough so that INZ would only lightly apply the labour market test. Thanks to COVID-19 and its economic effects, this is no longer the case: unemployment is expected to peak at around 9% by the end of next month. This, plus a general election around the corner, will result in increased scrutiny being paid to the employer's efforts to recruit or train New Zealanders.

Of course, the bureaucrats will probably be bureaucrats and take this to the extreme. I wouldn't be at all surprised if the default position will be to decline the Essential Skills Work Visa unless there is extremely compelling evidence not to. I hope that this won't be the case, but by now, most of us here knows exactly how INZ thinks.

This may also have an adverse impact on the Skilled Migrant Category queue: if an extension to an Essential Skills Work Visa is declined on the basis of the labour market test, the skilled migrant loses their job, and the SMC application can then be declined if without that job the skilled migrant no longer scores sufficient points. While WK3.20.10 allows for a 1 year extension without a labour market test being applied, and a further 6 month extension in "exceptional circumstances", whether these extensions will be long enough (given the size of the SMC queue) remains to be seen.

[Frankgo]

Imagine having to leave everything behind like that, calling friends to get your stuff sold in an emergency garage sell because your landlord has to rent out the place to the next person.

Not even to mention if you have kids waiting to see their mates back in school.

What happened to "They are us" and "Be kind".

[TheNewKiwi]

FYI...

For those like Kelerei who are not on Facebook, it was a link to a post that was a like to a Stuff article found here: https://www.stuff.co.nz/tarana/12161...ation-minister

[newarrival]

Here is the link to the artile on stuff:
https://www.stuff.co.nz/tarana/12161...ApNkiVd6YvLgWg
Hopefully it works..

[deverett]

Isn't skilled migrant and essential skills visa renewals for those that applied exempt from the labour market testing? They never ask for anything about employing kiwis in those visa applications and I think I saw Erin say this somewhere recently about these upcoming changes.

[robbo1234]

Yes I thought the same. I just applied for an extension of my ESV whilst waiting for SMC and did not have to show evidence of recruiting NZers etc.

[robbo1234]

Yes I thought the same. I just applied for an extension of my ESV whilst waiting for SMC and did not have to show evidence of recruiting NZers etc.

Capture.jpg - As stated in the Employer Supplementary Form for ESV - has something changed in the interim?

[JandM]

No, it hasn't.

[potatoqueen]

Imagine having to leave everything behind like that, calling friends to get your stuff sold in an emergency garage sell because your landlord has to rent out the place to the next person.

Not even to mention if you have kids waiting to see their mates back in school.

What happened to "They are us" and "Be kind".

I got a friend who is now stuck in Brazil and cannot go back to NZ, he was a chef and on an Essential Work Visa. Prior to his leaving, I did advise him that things gonna get worse, maybe “you should stay in a NZ for awhile and see what happens, don’t leave just yet”. In fact, NZ did announce repeatedly I think a week or 2 before they closed the borders, not like they closed overnight. He didn’t take my advice, decided to leave one week before the borders closed. Obviously he took risks and risks bear consequences. And now he regretted it, i’m so sad for my friend he still got his belongings here 😞
Hopefully all people in the same situation like him and himself can come back to NZ soon