TIGHTENINGS IN OUR IMMIGRATION POLICIES (of a Sunday!)

Since the new government took over in October, there's been lots of speculation about which way they would go on immigration policy. Well today, it may shock some to see an announcement of stricter rules for work visas! The announcement is here and you will see the title is all about responding to "unsustainable" net migration.

The changes, it says, will include (with my notes in purple):

• Introducing an English language requirement for migrants applying for low-skilled level 4 and 5 roles. This part is a "never before experienced in NZ" - see more below.

• A minimum skills and work experience threshold for most AEWV roles. This will rightly deal to the "zero zero" job check phenomenon we have been seeing, whereby employers could simply say they did not require any qualification or experience for any role, thereby facilitating work visas for those without relevant experience.

• For roles that fall into level 4 and 5, employers will need to engage with Work and Income before approval to bring in migrants will be granted This is a return to erstwhile rules whereby Work and Income had to be consulted - this was done away with during Covid. I could go either way on this. Work and Income reports in the past rarely came back saying there was a suitable Kiwi for the role and producing Skills Match Reports was a burden on them that they did not relish. However, there's no getting away from the fact unemployment (and especially youth unemployment) has increased so it may not be wrong to make employers exhaust their books before supporting going into a Job Check. It will, however, add on time and employers need to plan accordingly.

• Reducing the maximum continuous stay for most level 4 and 5 roles from 5 years to three years. Again, earlier versions of our work policies had 5 year visas only for the "highly skilled".

• The franchisee accreditation category will be disestablished and these businesses will be able to apply to bring in workers from overseas through the standard, high-volume, or triangular employment accreditation. This, because there have been no particular risks found to be associated with franchise accreditation.

The Government is also not progressing plans to add 11 roles to the Green List such as welders and fitters and turners.

Back in September of last year, we were told the following roles would be added:

• Aviation Engineer (Avionics, Aeronautical, Aerospace Engineer)

• Naval Architects (aka Marine Designer)

• Mechanical Engineering Technician

• ICT Database and System Administrator

• Aircraft Maintenance Engineer

• Road Roller Operator

• Paving Plant Operator

• Corrections Officer

• Metal Fabricator

• Pressure Welder

• Welder

• Fitter (General)

• Fitter and Turner

• Fitter-Welder

• Metal Machinist (First Class)

• Panel Beater

• Vehicle Painter.

It remains to be seen which are the 6 roles that will be added, but, certainly, for those in New Zealand on work visas in the 11 occupations affected, this will come as a serious blow. Without being privy to the industry information it is hard to pass judgement Fitters/Fitter Welders, Panel Beaters and the like are useful to New Zealand businesses and the Skilled Migrant Category has also left them cold. So this part could prove controversial.

The Work to Residence pathway for bus and truck drivers is also closing to new applicants, as the shortages of drivers reported when this was established is said to have been filled.  Looking at the stats we have had:

1086 Bus Drivers and 3961 Truck Drivers approved Accredited Employer Work Visas.

There may be other Bus/Truck Drivers on other types of visa also already working that the system does not track.

This now also brings into question (and we have been questioning it for some time) as to whether the Aged Care sector agreement will be continued beyond September. I personally hope it will (even if a quota system were introduced) as while the desperate shortage we had may have had the edge taken off it by large numbers coming in, there is likely to be an ongoing sustained need as unless Kiwis will take up the jobs that many do not want to do.

Completely new - never before heard of in the history of work visas for New Zealand is the introduction of an English Test for Accredited Employer Work Visas - but only for ANZSCO level 4/5 roles for the time being. To put this in some kind of context, in talking to recruiters and Advisors in Australia, it's always come as a shock to them that we do not have an English test for temporary workers. Employers that I have been talking to have also expressed that they want workers with a good standard of English. It makes sense from so many angles - not least, health and safety. But also integration into the workplace and with customers. In Australia, for all work visas, you need IELTS 5 unless you are exempt. Here in New Zealand, we have traditionally only ever asked for English tests at the residence stage. Since Covid, however, we have seen a situation where the number of workers in skill level 4/5 roles has grown considerably and the concern is the link between those being exploited and lack of English. Adverts like this from unlicensed people spread across the internet after our borders opened.

As with all things, the devil is in the detail, however. Nail Technicians who predominantly hail from countries like Vietnam and who often do not have much English are classified as Skill Level 3 so will continue to not need English testing. The trades such as welders, carpenters, roofers etc. are also classified as Skill Level 3, so will continue to avoid testing. There will probably be a bun fight as never before to code Cooks (Skill Level 4) as Chefs (Skill Level 2) and my advice to anyone looking to come into a job that is not a clearcut match with CHEF should prepare to sit the English test. It would be almost fairer and easier if English testing were just a rule for all.

Conclusion: These changes will cause a stir. However, we have to acknowledge the context. The AEWV scheme needed a shake-up. Aspects of it were simply not justified and the results have been all over our news for months. Immigration policy, however, is made in line with the Immigration Act 2009. The purpose of the Act is:

to manage immigration in a way that balances the national interest, as determined by the Crown, and the rights of individuals.

We must remember that when judging policy.

Please note: full immigration instructions fleshing this out have just been released and we will write more on this once all has been analysed fully.