Visas & Advice Detail
Changes means happy families
For the hundreds of Brits trying to apply under the family policy to join relatives already living in New Zealand, recent changes that ease the process will come as a huge relief
As a result of changes, there may be greater scope for applicants who fail to meet the current 'centre of gravity' requirements of the Parent and Sibling categories. Previously, under the Parent policy, if a parent had a child or children who had been living in New Zealand for more than three years, and they had an equal number or fewer living in the UK, they were entitled to apply for sponsorship by their adult child residing in New Zealand. However, if the parent had children living elsewhere abroad, but who weren't 'lawful residents' or who had not yet gained residency status in that country, they were considered by the New Zealand authorities to be UK residents, regardless of how long they had actually lived there.
Thus, the parents' centre of gravity was not deemed to be in NZ. From 24th April 2006, this is no longer the case. Applicants will only have to prove that they have an equal or greater number of children living overseas, and that they have been there for more than ten years regardless of their residence status. For some, the ten year minimum period of residency may still be restrictive, but the amended policy shows a definite shift by Immigration New Zealand in the direction of a family policy that better takes into account the global mobility of modern families.
The temporary student policy will also see some changes, with British and other foreign PhD students and their dependants considered domestic fee payers, rather than international students. Both developments pre-empt what New Zealand Immigration Minister, David Cunliffe, calls, "The most comprehensive review of immigration laws since the present Act was passed in 1987."
In April he released the Immigration Act Review Discussion Paper 2006 for public consultation, a government initiative that aims to incorporate public opinion regarding the immigration system into a new Immigration Bill, to be drafted at a later date. Cunliffe says, "This review aims to simplify and streamline the law to facilitate the entry of those migrants we want, and to enhance border security and tighten the law against those we don't want in New Zealand".
The review discussion paper will cover immigration legislation and could include topics such as ways to simplify the existing visa system; strengthening obligations on third parties, like sponsors and employers; and clarifying and simplifying systems of review and appeal of decisions. Temporary permits are also set to come into the spotlight, a recognition of the fact that at any one time there are between 225,000 and 250,000 people currently holding a temporary permit, whether as students, workers or visitors. Their role as a step towards permanent residence is becoming more widely recognised, with 90 per cent of those approved in 2004–5 under the Skilled Migrant Category having previously lived in New Zealand under temporary permits.
The review is intended to assess how better to shape and modernise current legislation and prevent an influx of illegal immigrants and border-crossing violations. A separate review will focus on operational aspects of immigration to New Zealand in the coming months. "The three pillars of our approach are legislative reform, a strategic review of key aspects of immigration policy, and supporting operational and process changes within the Department of Labour," commented Cunliffe in April.
Any changes to the immigration system will probably bode well for those in the process of applying for any visa, though skilled migrants may stand to gain particularly from a revision of the immigration laws. They are an especially important target group of the New Zealand government's drive to boost its economy through a skilled immigrant workforce.
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