Changes in visa requirements for temporary workers in the music, screen and entertainment industry

Monday, 30 April 2012 (Source – Immigration New Zealand

Changes in visa requirements for temporary workers in the music, screen and entertainment industry take effect on 30 April 2012.  The changes apply to entertainers, performing artists and associated support personnel, film and video production and post-production crew, producers and directors.

What has changed?

Previously all such applications needed to be referred to the relevant professional association, industry guild or union such as the New Zealand Film and Video Technicians’ Guild, the Screen Production and Development Association, the Screen Directors’ Guild of New Zealand, New Zealand Actors Equity, the New Zealand Actor’s Guild, or the musicians’ branch of the Service and Food Workers Union.

New rules

From 30 April 2012 there will be a streamlined process, without any professional association, industry guild or union referral, for applicants whose engagement in New Zealand is:

• for 14 days or less, or
• on an official co-production, or
• with an accredited company.

Applications that fall outside these criteria will be subject to the same industry-led labour market testing that currently applies.

Accreditation

New Zealand companies who seek to engage entertainment industry personnel will be able to apply in advance to Immigration New Zealand (INZ) to become accredited. They must demonstrate that they:

• are financially sound,
• have a sound industry track record,
• have a commitment to engaging and training New Zealanders, and
• have good work place practices.

The relevant professional associations, industry guilds and/or unions will be consulted as part of consideration of applications for accreditation.

For more information on the accreditation criteria, please see Entertainment industry accreditation.

Approved arts and music festivals

Performers and direct support staff attending an ‘approved’ arts or music festival will be able to enter New Zealand as visitors, without having to apply for a visa if they are from one of the more than 50 countries with which New Zealand has a visa-waiver agreement.

For an arts or music festival to become ‘approved’, its organisers will have to submit a proposal to INZ demonstrating that their festival meets certain criteria. See the Checklist for Arts and Music Festival Approval Status PDF [334KB] for further information.

Rationale for changes

The key objective of the changes is to reduce red tape and compliance costs on entertainment industry businesses and to support economic growth. This will ensure that these businesses can get the people they need when they need them, while still providing protection for New Zealand workers. The previous ‘one size fits all’ immigration process, where all applications are referred to industry guilds or unions irrespective of whether there is a risk of displacing New Zealand workers, does not necessarily reflect the requirements of different industry sectors, types of production or other government objectives.

Benefits of the changes

The changes will make it easier for entertainment industry companies to bring workers to New Zealand. Inbound productions can create a significant number of jobs for New Zealanders across a range of roles.  The changes will reduce the risk of the immigration process reducing New Zealand’s attractiveness to overseas productions.

For more information regarding your immigration and visa requirements please contact Auckland law firm Quay Law NZ.

Siva Shanker joins the team at Quay Law

Auckland Lawyer Siva Shanker Rajadurai joins the legal team at Quay Law.

The team at Auckland Law Firm, Quay Law welcomes Siva Shanker Rajadurai to the team.

Siva Shanker Rajadurai holds a LLB from the University of London and a Diploma in Electronics Engineering from  Malaysia.

Prior to serving with the United Nations High Commissioner for Refugees in Malaysia, Shanker held numerous legal related roles in New Zealand Shanker is able to provided legal services in English, Malay and Tamil.

He is people orientated and knowledgeable in the areas of property law, family trusts, commercial law and immigration.

Welcome aboard Shanker.

Residency ‘carrot’ lures rich investors

By Lincoln Tan : Source – New Zealand Herald

Thousands of wealthy foreigners are lining up to move here, just weeks out from the introduction of business migration laws that will grant them residency almost immediately.

Under a new Entrepreneur Plus immigration category – effective on November 30 – entrepreneurial migrants who create at least three fulltime jobs and invest $500,000 in their business will be offered a fast track to residency.

Currently, entrepreneur migrants are issued with a long-term business permit and can apply for residency only after two years.

Although there is no minimum investment capital required, neither is there a guarantee their residency application will be approved.

The new scheme will grant conditional residence virtually as soon as an application is made.

“There is no time requirement that you must have operated your business for to be successful under this category,” the Immigration New Zealand website says.

“The Entrepreneur Plus category provides a faster track to residence for migrants who can demonstrate they have been actively participating in business and contributing to New Zealand’s economic development.”

About 12,000 people have registered their interest in the scheme through the service’s website, with 189 looking to invest $1.5 million or more – a total potential investment of at least $283 million.

The service said it has also received formal expressions of interest from 63 potential investors, and 47 had been invited to apply.

The most interest had come from would-be business migrants in the United States, Britain, India, the Philippines and Ireland.

Property development, education, training and tourism were among the most popular areas for potential investment, an Immigration NZ spokesman said.

The Association for Migration and Investment said the Entrepreneur Plus category would provide an incentive to invest more money – and create more employment – as it removed migrants’ concerns about the need for future residency applications.

“Previously, the only option available for business applicants was the long-term business visa, which is not a residence visa, and many applicants under this policy sought to minimise their business investment,” it said.

But chairwoman Coral Wong believed only a small percentage of the 12,000 would apply. “It’s easy to get excited at the numbers, but $500,000 is still a lot of money for migrants to be investing in NZ and there won’t be masses who have that amount to spare.”

Marco Chan of Hong Kong, who plans to open a restaurant in Auckland, said the offer of “immediate residency” was key to his decision to apply under the new category.

CHANGE OF FORTUNES

PREVIOUS POLICY
Investment capital: None.
Job-creation requirement: None.
Length of time to residency: Available after two years.

NEW POLICY
Investment capital: $500,000.
Job-creation requirement: Minimum three fulltimers.
Length of time to residency: Conditional as soon as requirements met.

EARLY INTEREST
* 12,000 looking to invest at least $500,000.
* 189 want to invest $1.5 million or more.

What a change of mood can do for the property market?

Extract from the Crockers Market Research Issue 52, November 2009 Last month we reported on the relative high point in net permanent and long term migration levels – with New Zealand’s net gain in population rising, we showed, primarily as result of fewer departures rather than more arrivals. Even with most new arrivals settling in Auckland, current migration patterns are not enough to account for the buoyancy of the local property market. So what is driving it? In our view, it’s latent demand. That is, people who have been putting off buying because of the recession, and who – collectively – have suddenly decided that, recession or no recession, it’s time to get on with life. It’s not that we’ve suddenly all become optimistic. In fact, we’re still worried about the prospect of losing our jobs (market research company Synovate reported in their May ’09 research study that for 33% of New Zealanders their biggest worry was them or the main household income earner losing their job – up from 29% six months earlier). In fact, New Zealand has one of the highest levels of concern in the Western world around job loss, way ahead of closest neighbour Australia. Despite this gloomy mood, the same research shows that people are now getting on with their lives. In November 2008, 23% of those surveys said they were delaying a major life decision. By May this year, this figure had tumbled to just 16%. Of those 16%, most said the two biggest decisions they were delaying were a change of job and buying into the property market. Further research since then, including data from the Westpac McDermott Miller survey, shows consumer confidence has risen despite GDP still failing to reach positive figures. While this confidence may be fragile, there is little doubt that people are bored with the recession, and are trying to turn themselves around attitudinally, as well as financially. The buoyant Auckland property market is perhaps the clearest sign so far that people have stopped delaying the big decisions in life, and are looking positively to the future.

UK Immigrants unknowingly entering into NZ Sale and Purchase Agreements

A new Blog Post by Steve Koerber regarding new immigrants purchasing homes with major leaky home issues, got me thinking; I back Steve up completely on this stuff and there is also another key issue when it comes to new immigrants buying NZ property, specifically people from the UK.

According to Statistics NZ – 18,361 people came to live in NZ from the UK from July 2008 – July 2009. The house buying process in the UK is somewhat different to NZ. In the UK, a ‘Offer of Purchase’ is made to the vendor from the buyer via an Estate Agent. Ok, so you may be thinking, this is not too different to the NZ way of putting in an offer on a property via a ‘Sale and Purchase Agreement’; but here is the difference: The UK offer is not a legally binding contract like the NZ one is. You can walk away from the UK one at any time and you are also at risk right up until the day of Exchange (our Unconditional day) of being Guzumped or Guzundered.

So, my issue is that UK immigrants are at risk of unknowingly making offers on NZ property and not understanding at the offset that the offer is a legally binding document and they are at risk of losing their deposit or worse.

To aid in this issue, I think that NZ Real Estate Agents should at all times ensure that Immigrants are made aware of the risks of an unconditional Sale and Purchase agreement and advise to set conditions especially a full building report in support of Steve’s blog post as mentioned above. Posted by Jodi Cottle

http://jodicottle.blogspot.com

Net migration at five-year high

 

Dr Ganesh Nana, chief economist at BERL

 

The latest annual net migration figure of more than 17,000 is the highest in five years.

The figure is still well down from 2003’s high of more than 40,000, but it is much higher than last year’s paltry 4400.

 Source : http://www.3news.co.nz

Foreign workers fear expulsion

By REBECCA TODD – The Press

Work-permit applications are being declined at double the rate of a year ago, leaving immigrants worried about their future. More than 760 work-permit applications were rejected in April this year, compared with 224 in April 2006 and 357 last year. While 4500 applications were accepted in April last year, just 3200 were issued in April this year lowering the approval rating from 93 per cent to 81 per cent. Canterbury dairy farmer and consultant for recruitment company Greener Horizons, Shirlene Cochrane, said her company had 22 Filipinos working in Canterbury whose visas were due for renewal over the next 10 months. She had documentation from the Immigration Department indicating it would be “pretty much impossible to get them renewed”. However, she said unemployed Kiwis could not fill the jobs. Reinier Undan, 27, has been working on a Leeston dairy farm for eight months. His visa is due for renewal in October. He has a two-year contract, but is worried about whether he will be allowed to stay. Undan is saving money for his wedding next year, as well as paying for his younger brother to attend school. He had hoped to bring his wife to New Zealand to live. “I feel a little bit nervous because I heard some news from other Filipinos that when they went to get renewed, they were turned down,” he said. “It might be very hard to find work at home.” Undan’s employer, Alistair McDrury, said what set Filipino workers apart from many Kiwis was their work ethic. “Immigration is wanting to clamp up on letting them into the country, but just because people are unemployed doesn’t mean they are suitable to work on dairy farms,” he said. “The unemployment rate is climbing, but the dairy industry is still struggling to find staff.” Migrant Action Trust co-ordinator Agnes Granada said some migrants had been in New Zealand for up to nine years and were now faced with possibly having to go home. Immigrants who were made redundant could only look for work in the occupation their permit covered and had little time to find a new job. Granada said the trust was asking Immigration Minister Jonathan Coleman to allow immigrants to seek work in any area. “Many migrants are unable to find a job in the current climate. Where are these people going to go?” she said. “We want to highlight to the minister that coming to New Zealand involves huge investment.” The National Distribution Union and Filipino workers’ group, Migrante Aotearoa, are petitioning the Government to extend redundant migrants’ work permits for three months.  “Many migrants and their families have lost their residency applications and are in deep trouble,” Migrante Aotearoa director Dennis Maga said. “We encouraged migrants and their families to come to New Zealand when we needed them to fill our labour shortage; we shouldn’t throw them out now that they are in need.” Coleman said temporary work visas would not be renewed as more New Zealanders became available to work. “There is never any guarantee that they will be renewed, and migrants know this when they come to New Zealand under those visas,” the minister said.

http://www.stuff.co.nz/national/farming/2480593/Foreign-workers-fear-expulsion

Key requirements under the Migrant Investment Policy

Key requirements under the Migrant Investment Policy.

 Investors and entrepreneurs will find it easier to get residency in New Zealand following the government’s decision to relax business migrant rules. Please find below a table provided by Immigration New Zealand highlighting the Key Requirements under the Migrant Investment Policy. The Migrant Investment Policy has two residence sub-categories.

Key requirements under the Migrant Investment Policy

For more information regarding your immigration matters, please contact the friendly team at Quay Law.

Immigration and the New Zealand Economy

At times like these any proposed immigration should be carefully planned.

 Unemployment in New Zealand is at its highest level since September 2000 with the outlook looking weak until early 2010.

 In a July jobs update, www.trademe.co.nz highlighted that the number of applications per job advertised had risen by 50 per cent over the past 12 months.

 New Zealand welcomes new migrants – people who will contribute to the country by bringing valuable skills or qualifications, setting up a business, or making a financial investment.  Moving to a new country is stressful and finding work and starting a job in a new country can add to that stress.  This aside from finding work within the constraints of the current economic situation.

 We hear too many stories of people who have arrived, become disillusioned when searching for work and subsequently deplete their savings whilst attempting to support themselves. They return to their country of origin disheartened. 

 On the other hand there are many success stories.  Happy immigrants well settled, fulfilling vital roles within many different occupations throughout the country

 We recommend that you do your homework and consult a professional immigration advisor to ensure that all your requirements pertaining to New Zealand Immigration are adequately addressed.

Quay Law Business Review

Ian Mellett, Principal of Quay Law

BUSINESS REVIEW – QUAY LAW, AUCKLAND 

 “What I like about being in my own business is that if I need to make decisions, then I can make them”, Ian tells me of his firm Quay Law.

Ian is friendly and welcoming.  He is confident, professional in manner and immediately puts you at ease.

Ian’s law firm is 2 years old (he has practised in New Zealand for nine years) and is situated at the end of the quay near Auckland’s Hilton Hotel.  It’s an attractive setting for a business.  The calm blue sea outside and view of the harbour bridge provides an ergonomic escape for weary office workers.  Refreshment is never far away at the viaduct which is laced with enticing cafes, bars and restaurants in walking distance.   

Coming from a legal and tax background at Deloittes in South Africa, Ian has worked hard to re-establish his legal position in New Zealand since arriving from South Africa in 1997.  He resigned from his position with Deloittes in Wellington and pursued fulltime study in order to write the New Zealand Law Society Practice and Conversion examinations.  He remembers it as being a difficult period where he questioned many times if he had made the right decision.  But he’s glad now that he tackled the exams, saying that “Choosing whether to re-qualify in order to stay in your own profession is a personal choice and you need to deal practically with your own situation.” 

Quay Law offers many legal advisory services including immigration, residential and commercial conveyancing (buying and selling property), trust and estate planning (encompassing family trusts and wills), estate administration, taxation matters, buying or selling a business, business succession planning, relationship property agreements and general legal advice. 

Even if you aren’t considering marriage, there can still be legal complications in New Zealand for long term relationships that you should be aware of.  Also many South Africans arriving in New Zealand overlook renewing wills and last testaments.  Like Ian says, “It doesn’t have to be a complex document, but it’s an essential one particularly if children are involved”.  These are two of many legal issues facing new arrivals in New Zealand, which is why Ian strongly advises seeking legal advice from the beginning.

Ian acknowledges that immigrating to a new country is a daunting prospect, and believes that it is essential to plan your affairs properly.  In this regard it is often easier to speak to and deal with someone who has experienced that process and who can provide valuable practical insight when advising you. 

He is acutely aware that cost is often an issue, and accordingly focuses on providing appropriate and quality legal advice at affordable prices.  Ian is committed to being seen as a professional service provider who does want to help and make a difference, both from a legal and a general settling-in perspective.

Article written by www.linksouthafrica.co.nz