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New government, new immigration policies
Richard Howard, a licensed New Zealand immigration adviser, looks at possible immigration strategies from the new National Government
The National Government was elected in November 2008 on a groundswell of public opinion demanding change and a new direction.
The fact that National has been able to accommodate a majority coalition with support from minor parties ACT, The Maori Party and United Future has also facilitated its ability to promulgate and achieve its legislative agenda without the need for undue compromise – an unfortunate feature of the recent Labour-led Government. While National will not always receive the support of all its coalition partners on every piece of legislation the reality is that it only needs the support of either ACT or The Maori Party for legislation to be enacted.
With the demise of New Zealand First, and its leader Winston Peters, immigration matters did not rate high on the election agenda. The new Minister of Immigration is Dr Jonathan Coleman who is the Member for Northcoate on Auckland's Northshore. Many migrants settle on the Northshore and this will have enabled Dr Coleman to gain a first hand understanding of a wide range of individual migrant situations. Dr Coleman, who is also the Minister of Broadcasting, holds an MBA from London Business School, and has studied at the University of Pennsylvania, and worked in clinical medicine and management consulting prior to entering Parliament in 2005.
The National Party immigration policy was announced in the election lead up and, on the face, it would appear that the main Skilled Migrant Category (SMC) would be retained largely in its' current format. From a policy change perspective, the areas of interest appear to be in the introduction of a Silver Fern Visa, a special visa for retirees, and potential options for changes in the Business Investor policy.
The Silver Fern Visa is an open work visa and would be issued to applicants with recognised qualifications to allow them to enter New Zealand specifically to seek skilled employment and to commence working. Once such employment is obtained the visa can be converted to a 24-month work permit and the applicant can then progress their long term immigration ambitions. The introduction of this visa recognises the challenge offshore applicants face in accessing work opportunities when they do not hold a suitable work visa. It is possible that the prerequisite qualifications will be linked to the Long Term Skill Shortage List or to particular ANZSCO level job classifications.
The change in the economic environment will not be the only challenge which will face any form of "retirement visa". This option has been looked at closely before and found to have inherent risks and it is difficult to see how previous reservations on health costs etcetera can be acceptably overcome. It may be unwise to expect any policy changes to introduce a retirement visa in the immediate future.
However there is no doubt the Business Investor policy will be overhauled as National were strongly critical of the current policy when it was introduced in 2007. Prime Minister John Key has publicly stated that the Government's top three priorities are the economy, the economy and…the economy! Given this stated focus it would appear that the Government may be receptive to incorporating business investor immigration as a tool into its wider economic policy. Requiring immigrant investors to invest in, for example, infrastructure bonds to support the funding of a range of infrastructure projects is a clear win-win situation for all concerned. We would expect the current minimum investment requirement of NZ$2.5 million, and the present English language standard, to be reduced or some additional flexibility introduced into a new Business Investor policy. If the Government "buys into" the opportunity for migrant business investment to contribute to New Zealand's quicker economic recovery then a new investor policy may be afforded priority.
The National Government has an agenda of supporting business and economic development and immigration clearly provides a unique opportunity that can make a direct contribution in these areas. Additionally the use of immigration policy for job creation in the present environment is also possible with a revamped and more applicant focussed (as opposed to business plan focus) Long Term Business Visa policy.
The economic situation has meant a change in 'immigration focus' from the filling of skill shortage positions to the protection of jobs for New Zealanders. This may see a changed emphasis in a range of immigration categories with the introduction of a financial element if immigration targets are to be achieved. For example skilled migrant applicants may be able to claim additional or bonus points for the transfer of funds to New Zealand and such could also be introduced as an option for parent residence applications in the future.
Of interest is the fact that National has previously supported a view that the immigration portfolio is "misplaced" within the Department of Labour and should be an independent department or possibly combined with Internal Affairs/Citizenship as is the case in Australia. Such a move would be supported by the industry. A review of the DoL Briefing Paper for the new minister made no mention of business or investor immigration, or family reunification policies, and instead focussed predominantly on labour market issues. It is hoped that the new Government will properly recognise the unique attributes of immigration and immigration policy across the spectrum and not arbitrarily accept the DoL edict that immigration is a tool for managing the labour market.
It is expected that the new Government will more actively consult with the industry and the market to develop immigration policies which are pragmatic and realistic, and which can actually deliver on the outcomes envisaged for the overall benefit of New Zealand and New Zealanders. The industry looks forward to its opportunity to contribute to this process.
Richard Howard
Licensed NZ Immigration Adviser number 200800071
Chairman of the New Zealand Association for Migration & Investment Inc
Member of the IAA Establishment Team & IAA Industry Working Group
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27 January 2009