Immigration New Zealand has in place Skilled Migrant Category to ensure that the country gains immigrants with the right qualifications and experience.
This Category aims at international students and people with professional skills and the right attitude to become New Zealanders in due course.
The policy considers what the job actually involves rather than taking a broader approach of the potential of migrants. It focuses on the functional analysis of the duties carried out by the applicant, whether they are ordinary or of high threshold.
The problem with the policy is the variability that will arise when analysing the functions performed by an applicant and if he or she has technical or managerial expertise.
In reality, the definition of skilled and unskilled remains variable.
Those who have chosen to study in New Zealand may not be aware of the fact that applications for residence are considered only from those with notable expertise.
Varied results
In spite of transparency of policy, similar cases could have different results.
For example, two students with the same qualifications and similar jobs with the same company apply for Permanent Residence; the application of one of them is accepted and that of the other declined.
Immigration New Zealand does not provide proper details or advise about residency. The Auditor General had mentioned in his report that such differences and anomalies frustrate many potential migrants.
According to immigration advisors and lawyers, about 30% of cases filed under the Skilled Migrant Category account for “unexpected outcomes,” in view of the differences in decisions taken by immigration officers.
There are cases in which applicants, who were not confident of being successful, have gained Permanent Residence. For instance, officials may ‘quietly’ relax conditions on the face of shortages in the education and health sectors, as done recently in the UK.
Last year, shortage of medical lab technicians encouraged Immigration New Zealand to grant work permits to applicants with overseas qualifications on fast track.
Many of them were later granted Permanent Residence without having to comply with the provisions in force (Part C, Level 4, Qualification and Assessment Requirement for Phlebotomists, Appendix 11).
There are stark differences in approach. We have had several cases of chefs with more than 10 years of experience in New Zealand, whose applications for PR have been declined, stating that they did not meet Level 4 Qualifications and Assessment.
Officials said in almost all the cases, the core tasks of the applicants matched that of a cook not chef, as per the Australia New Zealand Standard Classification of Occupations (ANZCO).
Employer Status
The status of the employer also influences the decision of officials. Major institutions such as banks, communications companies, international corporations and large and well-known organisations have better chance of having their work permit applications approved without much fuss; similarly, applications for PR supported by such organisations would also have reasonable chance of success.
Applications from small, owner-operated organisations would often entail visits by immigration officials and prolonged verifications and checks.
Immigration Advisors
A serious, honest and licensed immigration advisor, with a thorough understanding of immigration policy and practice, experience in preparation and presentation of applications and a close working relationship with Immigration New Zealand could expect higher rates of success than others do.
While the law and policy prescribe guidelines, practice is often based on market trends and needs of the economy. Immigration Advisors and applicants, who do not understand the procedures and those who do not know how to present their cases, may not be able to convince Immigration New Zealand or the Residence Review Board to decide in their favour.
Job evaluation is more important than job title for applications under the Skilled Migrant Category. An experienced immigration advisor would be able to evaluate the qualifications, experience and other factors relating to an applicant and advise him or her appropriately.
It is therefore important to choose a professional known for honesty and credibility.
Gurjinder Singh is a Barrister and Solicitor of the High Court of Auckland based in Papatoetoe, Manukau City. Phone: (09) 2786580 or 021-2354969. Email: veeza6@gmail.com
