Immigration Law

MK Law is a specialist immigration law firm helping individuals and businesses in migrant communities of New Zealand. Michael Kim, the founder of MK Law, is our immigration lawyer, who brings unique experience as a former immigration officer. Having worked at INZ, Michael better appreciates the daunting nature of an application process as migrants on the one hand and the need for upholding the integrity of our immigration system and the national advantages on the other. His expertise will make your application process simpler and clearer. That way, MK Law is better positioned at helping genuine migrants in need of our expertise. For Immigration New Zealand, this is how there are lesser boxes to tick from cases represented by MK Law.

Skilled Migrant Category
In this category, the most important question is whether or not your job substantially matches the ANZSCO description of your choice. You don’t have to prove that your employment matches every single task described in ANZSCO. However, it is important to understand that your position is designed to deal with the same stakeholders as the occupation described in the ANZSCO.

For example, a business development manager and a sales manager have different stakeholders. The business development manager role requires an outbound perspective as it deals with the external stakeholders i.e. business suppliers. On the other hand, the sales manager is internally focused as it mainly deals with the internal planning and organising within the organisation i.e. setting up sales strategies and managing the sales performance of the organisation.

There may be a subtle difference at first glance. However, it is an important distinction that often determines the success of your application. Therefore, knowing what your job really is all about in terms of this ANZSCO often requires consulting and research beyond the mere study of the ANZSCO.

As specialist immigration lawyers, we look beyond the ANZSCO description and help you design your job in consultation with your employer. We find most of the employers are helpful and supportive of the application process. Employers often appreciate our services as we can design a solution that would otherwise be unavailable directly from the clients.

Accredited Employer Work Visa

**Guide for Accredited Employer Work Visa in New Zealand**

For New Zealand’s accredited employers, the process of hiring international workers for specific job roles can be a complex task. This guide aims to simplify the Accredited Employer Work Visa (AEWV) hiring process, aligning you and your prospective employees with the guidelines of Immigration New Zealand.

**The Essentials**

Offering a job under the AEWV to a potential overseas worker necessitates an examination of the local labour market to determine if suitable New Zealand citizens or residents are available for the role. Job advertising must adhere to the specific criteria outlined by Immigration New Zealand.

**Job Check: The Initial Step**

Before initiating a Job Check, ensure your accreditation to hire under the AEWV is current. You should have a valid job offer, a comprehensive job description, and a proposed employment agreement. If the job is not listed on the Green List and pays less than double the median wage, evidence of advertising is required.

**Crafting a Job Advertisement**

Creating a job advertisement is the first step towards complying with Immigration New Zealand’s guidelines. The ad should include the following:

– An extensive job description detailing key tasks and responsibilities.
– The minimum and maximum pay rate or salary.
– An estimated earning figure if a significant part of the pay includes commission, bonuses, or piece rates.
– Guaranteed minimum hours of work.
– The job’s location.
– The necessary qualifications, work experience, and skills required.

Remember to include information on the advertisement’s duration and location, whether it closed within 90 days of your Job Check submission, and the number of applications received.

**The Proposed Employment Agreement**

Your proposed employment agreement should clearly detail:

– The agreement’s involved parties.
– The job title.
– A comprehensive description of the work duties.
– The work hours (a minimum of 30 per week).
– The contract’s duration and type.
– Information on pay, employment conditions, and the workplace.
– Entitlements to paid leave.
– The maximum hours before overtime rates apply.
– A process for resolving employment relations issues.

**Management of Recruitment, Training, or Equipment Costs**

As an accredited employer, it’s your responsibility to bear any costs related to recruitment, training, or equipment associated with the job, within or outside New Zealand. This includes advertising costs, recruitment agency fees, employer accreditation and job check application fees, mandatory training and induction costs, health and safety equipment, branded uniforms, and more.

**Documentation Support**

Prepare to upload copies of the following documents when asked:

– The employment agreement (excluding details of a potential employee).
– The job description.
– A copy of the job advertisement (including dates, duration, and platforms used).

By adhering to these guidelines, the process of hiring international workers under the AEWV can be simplified and less stressful. Our goal is to support you throughout this process, and we encourage you to reach out to us for any additional assistance.

Green List Category

As a migrant worker with specialized skills, you may find opportunities in New Zealand through the Green List program. This government initiative includes a select number of highly skilled roles that are globally sought after and currently experiencing shortages in New Zealand.

These roles require specific qualifications, registrations, or experience. Once these requirements are met, the process for working in New Zealand can be more streamlined. This is because under the Green List program, employers are not required to provide proof of job advertising when processing an accredited employer work visa application.  The full list of the Green List occupations is provided below:

If you are employed in one of these occupations, there are clear pathways to obtaining residence in New Zealand. Depending on the role, you may be eligible to apply directly for residence or after a period of work in the country.

Additionally, if you have a partner, they will be granted open work rights in New Zealand. However, please note that these residence
pathways are only available to migrants aged 55 years or younger, which aligns with the Skilled Migrant Category requirements.

In summary, the Green List program provides skilled professionals with potential opportunities for employment and residency in New
Zealand, given the requirements are met.

**Green List vs. Current Skills Shortage Lists**

The Green List is not the same as the current skills shortage lists. Instead, it is a more compact and focused list when compared to
the Regional Skills Shortage List. While it does include many roles from the Long-Term Skills Shortage List, not all of them have been carried over to the Green List.

**Changes in Residence Pathways**

The Green List offers two distinct residence pathways – a fast track and a work-to-residence path. Migrants working in the occupations listed on the Green List or earning at least twice the median wage can utilize
these pathways for residence.

**Review of the Skilled Migrant Category**

Please note that a review is currently underway for the Skilled Migrant Category. Following the conclusion of the 2021 Resident Visa
applications on 31st July, this pathway is expected to be reopened later in 2022.

**Future of the Existing Skills Shortage Lists**

The Green List will replace the existing skills shortage lists, namely the Long-Term Skill Shortage List, Regional Skills Shortage List,
and Constructions and Infrastructure Skill Shortage List. Consequently, roles that are presently on these skills shortage lists, but are not included in the Green List, will no longer be exempt from a labour market test unless they offer compensation of at least 200% of the median wage.

Appeals to IPT

It is imperative that not all unsuccessful resident visa applicants will have recourse to IPT appeal. Appealing the decision of INZ to IPT is a quasi-judicial process that requires the appellant to point out that the INZ decision was procedurally improper, substantively illegal and/ or unreasonable. Alternatively, you need to demonstrate that you are in exceptional circumstances of humanitarian nature so that deportation from New Zealand is unduly harsh or unfair. It is not uncommon to find INZ decisions that are based on some prejudicial information that was either not properly disclosed in the PPI letter; not directly relevant; or assumptive or biased. To be successful for your IPT Appeal, you should be able to pinpoint the administrative errors and show how those errors affected the outcome of your resident application.

IPT also hears appeals against deportation liability on humanitarian grounds.

A deportation liability may arise from a criminal conviction within a certain number of years after the resident class visa was granted. It may also arise if you failed to satisfy the specified condition of your Resident Visa under the s 49 (1) of the Immigration Act 2009. If IPT is satisfied that you are in exceptional circumstances that would make it unduly harsh for you and/ or your family to be deported from New Zealand, it may recommend the Minister of Immigration to reconsider your case as an exception to the relevant visa instructions.

Humanitarian circumstances do not have to include a dramatic event. The composition of your person’s circumstances in New Zealand including your family circumstances and your time and New Zealand along with some other unique circumstance may well be deemed as an exceptional circumstance of humanitarian nature.