MIGRANT NEWS FEB 2022

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OPINION
By Zamelia
McGarrigle
It has been nearly 6
months since Immigration
New Zealand announced
this one off resident visa for
those who are eligible. How
has that gone so far?
Around 5000 people have
become residents under a
fast–tracked government
scheme launched in
December 2021, with my
clients from the Philippines,
India, China and Korea topping
the approvals.
The majority of my clients
are from the Philippines and
they have been celebrating
the good news, especially
when their residence visa
approval arrived just before
Christmas.
One of my clients, from
The Philippines, finally
became a New Zealand resident
after 12 years of living
here and working alongside
me since 2010. Excellent
news for both of us, indeed.
I am so pleased to be able to
help her and to be with her
throughout her journey from
the Philippines all the way to
New Zealand.
Now we have some ideas
about the process, progress
and what we need to know to
keep carrying on for the next
batch in March 2021.
Almost 35,000 people
have so far applied for the
one-off residence visa and
up to 165,000 may be eligible
next month.
Migrants are eligible if
they are settled (three yearsplus
in New Zealand, including
a minimum number of
days), a skilled worker
(based on wages) or scarce
(in short supply).
From Immigration records
and statistics, migrants from
India topped the approvals
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2021 Resident Visa Category –
Phase 2 Opens
Thousands become New Zealand Residents under this
category and the second batch is starting in March 2022
under this category on the
first month of its launch, followed
by South Africa, the
Philippines, the UK and Sri
Lanka. One in five applications
has been rejected so
far.
Next month the second
batch of this category will
start - with hopes that systems
will work better than
they did initially back in
December. But the risk
remains the same and here is
what you need to know
should you decide to apply
by yourself. So, my advice is
to mitigate your risk by
preparing your application
meticulously. This is the
only chance that you have
and it is worth investing in a
good Licensed Immigration
Adviser to help prepare a
comprehensive submission
for you and your family.
I often tell my clients that
you can always find money
but time, once you lose it,
you can’t get back. This is
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not the time to gamble on
your future. Be aware of the
points below if you decide to
prepare your own application.
• STAY CALM – No need
to panic, no need to rush to
fill in your application form.
Read it carefully and ensure
that you understand each of
the questions, especially
when it comes to health,
character or family members.
You may think that it is
not that important, just a
quick tick here and there and
done. But for INZ, whatever
you disclose there could
count against you if it is
incorrect and appears wrong,
vague or evasive. Worse
still, INZ may take your
answer as “false and misleading
information” and
subsequently decline your
application.
• YOUR VISA STATUS
– You can only apply for this
new residence visa if you
hold an eligible visa. But
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how about if your visa
expires at any time between
now and when you lodge
your application? If you
have not managed to get a
new replacement visa under
the eligible category, you are
no longer qualified to apply
for your residency visa. That
could be a disaster, so don’t
make this mistake.
• YOUR JOB – Great!
Your job is on the INZ
'scarcity’' list. But hang on,
INZ will go one step further
to assess whether your job
description/tasks match the
ones on their list. Apart from
that, INZ will also cross
check your previous
records/applications and all
need to be consistent. If you
declare a different position
from earlier documents and
there appear to be anomalies
– e.g. a job that is not on the
‘scarce lists’ – then you
won’t qualify.
• HOURLY RATE - You
may have been working in a
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Zamelia
McGarrigle
General Manager
& Licensed
Immigration
Adviser
QDI Group
The majority of my clients are
from the Philippines and they
have been celebrating the good
news, especially when their
residence visa approval arrived
just before Christmas.
To contact Zamelia McGarrigle please
email: zamelia@qdigroup.co.nz or
phone: 09-390 7957
full-time position with a
$27/hour wage on 20
September 2021. That figure
has to be clearly reflected in
your employment contract
and consistent with your
payslip data. If not then your
application most likely
won’t meet INZ’s 'Skilled'
criteria.
• LOST YOUR JOB - If
you have lost your job that
previously matched one on
either the 'skilled' or 'scarce'
occupation lists, then unfortunately
your journey ends
here. You do not meet the
requirements and cannot
apply under this category.
• YOUR EMPLOYER -
You must make sure that
your employer complies
with all Department of
Labour legislations, IRD
obligations and is classed as
a genuine employer. INZ can
decline your application if
they think that your employer
is not genuine.
• YOUR PARTNER - In
this application you can
include your partner and
children, even if they are
currently overseas. You
have to provide evidence of
living together in a genuine
and stable relationship for
at least one year.
INZ will look at any evidence
you provided previously
and the reasons for
your current separation and
may decide to exclude your
partner from your Resident
Visa application.
• TIME IN NEW
ZEALAND - As far as you
can remember you have
been in New Zealand for
ages and surely meet the
requirement of 821 days or
more. But, check again and
make sure that you have
spent 821 days or more in
NZ between 29 September
2018 and 29 September
2021 – and that you arrived
in the country for the first
time on or before September
29, 2018. If not then you
won’t meet INZ’s ‘settled’
criteria.
• LEAVE NEW
ZEALAND - If you must
leave New Zealand before
you lodge your visa application
for whatever reason and
then you can’t get back to
New Zealand by 31 July
2022, you may risk losing
the chance to apply for this
visa.
• BEING IN NEW
ZEALAND - A step developing
from the above point.
You already lodged your
application and need to
leave New Zealand because
of a family emergency, for
example. INZ won’t be able
to decide your application
until you return to New
Zealand. With the current
situation, there is little or no
certainty. Therefore, think
carefully about everything
and whether you want to risk
probably the best chance
that you may have to gain
residency. Consider all factors
and assess the risks versus
rewards, including
potentially waiting a long
time coupled with much
hard work over the years.
I wish you all the best and
remember, this could be the
best or only chance you will
be offered, so take your time
and get your submission
right.