July 2013 Newsletter

18 July 2013







Laurent Law's Access Immigration News


July 2013


Bill’s comments:

Bonnie St John lost a leg at age 5 as a result of a problem at birth.  She took up skiing and was racing in the 1984 Winter Games for the Disabled.  She fell in a patch of black ice.  Got up and finished 3rd.

The girl who came in 1st also fell at the same spot. She couldn’t ski any faster, but she got up faster.

Bonnie said “In life, it’s how fast you get up after you fall that counts”.

1 Electronic Visas
2 Work visa assumptions
3 Combating Migrant Exploitation
4 Occupations report – where does your industry fit in the employment arena?
Recruitment - Types of firms experiencing recruitment difficulties


Electronic Visas 






INZ has started issuing electronic visas for applications initiated in a number of South Pacific countries and processed by INZ Suva. Not applicable to Samoan and Tongan applications.  Electronic visas, including work visas are provided to the applicant as a letter. The visa does not appear in the passport.

1  Employers, when considering job applicants, will need to sight 
either the passport or the INZ letter.

2  Visa holders will no longer need to have their passports with them at all times, but they will need to keep the visa details page of their letter with them.

3  If the letter is lost or damaged it can be reissued.

4  Advisers will no longer be able to check immigration history from visas in passports and history may have to be obtained from INZ under Privacy and Official Information Acts.





Work Visa Assumptions




Too often we are asked to assist where a subsequent work visa has been declined because the applicant or employer assumed that as he already had a work visa, getting ‘an extension’ would be simple.

It is not – in fact, the more work visas an applicant has held, the greater the likelihood INZ will say, ‘No, the employer should have trained a NZer for this position’.  This is compounded when the employer has failed to show evidence of genuine attempts to employ a NZ citizen or resident.

Another area of misunderstanding by employers involves poorly worded job titles and descriptions.



Case study:

An employer took on a migrant worker without checking the wording of his work visa, assuming that any work visa meant the applicant was OK to work. The work visa was not for the new firm, the employee was caught and deported. – The facts will have been recorded by Immigration NZ on the employer’s file.

The next application from that employer was completed by someone unfamiliar with the immigration process and provided information which appeared to be inconsistent with the business and the industry and the application was declined. That will also have been recorded against the company.

Where the employer got it wrong in the second application, was:

1  Failed to provide the information which would have helped the Case Officer to understand how critical the employee was to the business

2  Failed to identify why the job title did not fit with the perception of what the job appeared to be

3  A position description reading ‘To follow rules, procedures and policies. To adhere to checklists and directions from Store Managers [the applicant is the Store Manager!] – is worse than useless, provides no information about the tasks involved and infers a low level role.
The employer was incensed that the application was declined, as the applicant was a senior and critical Manager/Trainer in the business, but based on the information provided to INZ, the decision to decline the application was correct.

Considerable time and expense has gone into submitting a new application with the information which INZ will need to comprehensively address the unintentionally misleading information previously provided; and to overcome two negative incidents in the company’s history with INZ.


New measures to combat migrant exploitation




Michael Woodhouse | Immigration

Immigration Minister Michael Woodhouse has announced measures to combat the exploitation of migrant workers, and make it clear that unlawful and exploitative behaviour will not be tolerated in New Zealand. “By breaking the law, unscrupulous employers not only harm their staff but they also gain an unfair advantage over their law-abiding competitors. ...         
read more






Occupations Report (MBIE)



Where does your industry/profession fit in the employment stakes for young people entering the job market on the basis of Income, Fees and Job Prospects?



Hiring Difficulties and labour market influences

Research by MBIE draws some interesting conclusions – 
the types of firms more likely to report recruiting difficulties were:
●  larger firms
●  firms with a relatively high proportion of technical or trades occupations in their workforce
●  firms that paid relatively higher wages
●  made a major technological change
●  had overseas direct investments
●  exported
●  innovated
●  invested in expansion.

●  firms in low-wage industries and
●  firms with a lower proportion of long-tenure employees
were generally less likely to report hiring difficulties than firms in high-wage industries.