I recently returned from the annual conference of the Global Migration Section of the American Immigration Lawyers Association in Denver, Colorado. Over a hundred lawyers from a wide range of jurisdictions attended and compared notes on what is happening to immigration in each of their countries.
A common theme was pessimism about increasingly anti-immigrant policies, and public posturing by populist regimes who are pandering to the prejudices of their voters. I hardly need to mention mass deportations and internment camps being set up to control the perceived plague of illegal aliens. According to commentators, this stance has infected the attitudes of other countries including Canada, the UK and some European countries.
Another theme is the competition for skilled workers being waged around the world. Just one example is Israel, where the call-up of military reservists, and the loss of many Palestinian employees whose entry to the country was severely curtailed, has enforced a recruitment drive for overseas staff.
New Zealand’s Scorecard
So where does New Zealand stand in all of this? Actually, in my opinion we present a more attractive option compared to this time even two years ago. Overall, policy and practice are being done right. The challenge is for this to be maintained consistently, and for decisionmakers to be prepared to adapt as conditions change – as they inevitably will during unprecedented times of political and economic volatility.
Speakers at the Conference told a common story of the closure of “golden visa” investment Residence schemes in numerous countries – the UK, Australia, even Malta. I took the opportunity to step up to the podium at this point, and declared that New Zealand has bucked the trend; that the Active Investor Plus (“AIP”) Residence policy is going off like a bomb. Two weeks ago, the Ministers of Finance and Immigration released a statement that 189 AIP applications had been filed. Some 100 had been approved in principle – that is, allowing applicants to transfer and invest in NZ. The Ministers declared that the volume of applications represented potential investment approaching $1 billion, the majority have probably been for the $5 million Growth Category option.
Amendments to the Immigration Act, currently at Select Committee stage, include more pragmatic approaches to asylum seekers and people liable for deportation, by way of ankle bracelet monitoring rather than detention. Again, bucking the trend of draconian control and expulsion provisions being practised in other parts of the world.
New Zealand needs to continue competing for skilled workers. Figures provided by Immigration officials indicate that visa processing times are coming down. If that is so, then it sends a positive signal to the market that employers don’t have to wait up to 11 months to hire a migrant worker, as they did just a few months ago.
New Zealand has not scored that well when it comes to allowing NZ Residents and Citizens to sponsor their parents to join them here. The Parent Resident visa programme allows a capped quota of applicants every year, by way of a random ballot that many have labelled unfair and cruel, so that families may spend many years waiting for the chance to apply. The Parent Boost 5-year Visitor Visa was announced in June, and will open in September, which could at least enable parents to spend a significant time during their retirement living with their children here – possibly until their names are pulled from the Residence ballot. From my inclusion in the consultation round leading to the drafting of policy , I can say that there might be some fish-hooks in this one which will only become apparent after visas have been granted, but it is at least a step toward alleviating the anxiety of New Zealanders whose parents remain separated from them.
We do enjoy the luxury of distance from world conflict, political instability, and the worst effects of climate change. Jobs don’t pay as well here as they do in the US, Australia or . . . much of the OECD, quite frankly. People don’t come to New Zealand for the money. Instead, it is for quality of life, safety, and a place for their children to grow up.
A Sticking Point
Against this, a number of people on job-based Work Visas have realised that they have no way to transition to Residence. What is worse, some who could take up jobs here are apparently not applying at all because they have done the math on this.
Partly, this is because the Skilled Migrant Residence 6-point system allocates a maximum of 3 points for 3 years of work experience. If you don’t have a degree or professional registration, or you are not being paid a multiple of the NZ median wage, you will not qualify. Work Visas under Accredited Employer policy only allow a “maximum continuous stay” on those visas of 5 years (or 3 years for “lower skilled” roles). After that, you have to get out of the country for a year before you can apply to come back. Not exactly a recipe for a settled future and a stable family life.
We have a serious lack of experienced tradespeople both in urban and in rural locations. As matters stand, in a lot of cases there is nothing to keep them here (although suitably qualified mechanics, plumbers and electricians do have a Work to Residence option).
Some levers need to be pulled and pushed to stop valuable employees from leaving, and to encourage potential migrants to look again at New Zealand as a life-long destination. The hope is that the “can-do” attitude which has been more apparent in policy settings recently will show itself here too.