Immigration Advice and Lawyers

Practising lawyers

A lawyer is a person who holds a current practising certificate as a barrister or as a barrister and solicitor, issued by the New Zealand Law Society.

Usually anyone giving immigration advice must hold a licence. However, lawyers fall into an exempt category of people who do not need to hold a licence. The exempt category includes, among others, lawyers and the employees of lawyers or law firms providing immigration advice as part of their job. Employees of lawyers do not need to hold a licence on the basis that they cannot give advice on their own and it is the lawyer employer who is responsible for giving immigration advice.

Immigration officers to get beefed-up search powers

Source: NZ herald

By: Lincoln Tan

Immigration officers are to be given greater powers of search and investigation without reliance on police under new laws coming in next month.

Officers will be able to investigate and act against offenders without the need to rely on Customs or police under the Immigration Act.

They will be able to enter and search places and crafts, inspecting records of educational providers, accommodation providers, employers and even buildings and premises of people liable for deportation.

The new act comes into effect on November 29 and, subject to Cabinet approval, officers working for Immigration New Zealand will be given new powers.

“The amendments will allow immigration officers to carry out routine immigration-related investigations and functions without relying on resources from our partner agencies,” said Nigel Bickle, head of Immigration.

Under the current law, these powers are exercised by police or Customs on behalf of the department.

“The powers are carefully prescribed to be used in specific circumstances,” Mr Bickle said.

The new powers restrict officers to enter and search in immigration-controlled areas such as airports, not private homes, and where they enter premises where a person who is liable for deportation is believed to be, it will be only for the specific functions related to deportation, he said.

In the 12 months to September 30, the agency deported 687 overstayers – costing taxpayers nearly $1.7 million – with people from Samoa, Fiji and Tonga making up nearly half of those repatriated.

A new detention and monitoring system will be introduced under the act, allowing Immigration officials to choose from a range of options, including putting people into secure detention or releasing offenders with reporting conditions.

“The act establishes a flexible approach to monitoring and detaining foreign nationals who are considered to be a threat to the integrity of the immigration system or the security and safety of New Zealand,” Mr Bickle said.

“The new system brings us into the era of the modern regulatory framework, which allows us to choose between a range of options based on risk, rather than a one-size-fits-all.”

People who are liable for arrest and detention may be monitored in the community or detained in custody. Determining factors include the possibility of a person absconding, criminality, risk to public safety and identity concerns.

The new powers will only be brought into force when Cabinet is satisfied that the appropriate training and operating instructions have been developed, and that there are safeguards in place.

Said Mr Bickle: “No date has been determined yet.”

Under the new act, people facing deportation may be detained in police custody without warrant for up to 96 hours, compared with up to 24 or 72 hours depending on circumstances under the current act.

Warrants of commitment may also be granted by the District Court to hold a person liable to arrest or detention in custody for up to 28 days, and a person may also be held under warrant for a continuous period for up to six months following the completion of relevant immigration processes.

“Specially-designated Immigration officers will be able to detain people for a maximum of four hours. This new power will be brought into effect by order in council,” Mr Bickle said.
HANDLING IMMIGRATION OFFENDERS
(Awaiting Cabinet approval)
* Immigration offenders face secure detention or reporting conditions.

* Immigration officers can enter and search crafts, schools and buildings.

* New act will allow Immigration officers to act independently from police and Customs.

DEPORTED
Total deported in the last 12 months: 687 people costing $1.68 million

* Samoa: 157 people deported at a cost of $385,000
* Fiji: 71 people deported at a cost of $174,000
* China: 70 people deported at a cost of $172,000
* Tonga: 61 people deported at a cost of $150,000
* Malaysia: 51 people deported at a cost of $125,000
* India: 32 people deported at a cost of $78,400
* Great Britain: 28 people deported at a cost of $68,600
* Indonesia: 23 people deported at a cost of $56,350
* South Africa: 18 people deported at a cost of $44,100
* Chile: 15 people deported at a cost of $36,750

Interim Visas for Foreign Migrants in New Zealand!

source: nzherald.co.nz  25 August 2010

New interim visas will allow migrants waiting for their visas to be processed to continue working, Immigration Minister Jonathan Coleman says.

It was a bonus for businesses and employees, Dr Coleman said.

“In most circumstances it provides continuity in the workplace as employers have the security of knowing their staff member can continue working legally while Immigration New Zealand processes their application.”

The interim visas will be in place by March.

Changes to the sponsorship provisions will allow organisations and government departments to sponsor someone’s visa where previously only individuals could.

– NZPA

Govt raises bar for migrant kids

By Lincoln Tan : Source NZ Herald

Work-permit-holders in the lower income bracket will find it a lot tougher to put their children in New Zealand schools from next month.

Immigration policy changes taking effect on November 30 will mean children of work-permit- holders under the essential-skills policy who earn $33,675 or less will no longer be considered as domestic students. Parents will therefore have to pay international-student fees if they want their children to study in local schools.

Domestic students enjoy free education, but international students have to pay fees of between $10,000 and $15,000 per child annually to study at primary, intermediate and high schools.

“The minimum income threshold must be met and maintained wholly by the salary or wages of a parent or parents holding the work permit,” Immigration New Zealand said in a circular distributed to immigration advisers.

“This is to ensure that the children have an appropriate level of financial support, given that these families are not eligible for state-funded income support.”

However, an Immigration spokesman told the Herald that children of parents whose initial work permit was issued before the end of this month could carry on with their studies as domestic students.

Migrant Action Trust, a migrant advocacy group, says the changes will just be another “trap” for migrant workers.

“Migrant workers will accept significantly lower pay – way below industry standards in their skilled area – just to cling on to the dream of residency, so many skilled migrant workers fall into the lower salary bracket,” said trust spokeswoman Agnes Granada.

“Because many come here for the sake of their children, they will become victims of this policy change.”

The trust presented a petition last Saturday asking Immigration Minister Jonathan Coleman to grant amnesty for migrant workers who have lost their jobs in the recession.

A spokeswoman for Dr Coleman said the minister couldn’t comment as he had not yet seen the petition, but said the policy changes were aimed at ensuring adequate support for children of temporary migrant workers coming to New Zealand.

“The minimum income threshold helps ensure that essential-skills temporary work-permit-holders have a salary enough to look after a family in New Zealand,” the spokeswoman said. “The threshold is set at the lowest possible level to ensure children are adequately supported.”

In other policy changes taking effect on the same day, a special Philippines work policy will allow a limited number of skilled workers, including 100 nurses, 20 farm managers and 20 engineers, to work in New Zealand at any one time for a period of up to three years.

Immigration NZ said that under the policy, nurses from the Philippines would be able to work for a district health board while obtaining occupational registration.

A separate Vietnam special-work policy will also allow 100 chefs and 100 engineering professionals to work here under the same terms.

Meanwhile, Immigration NZ head Andrew Annakin announced last week that the Pacific division, set up Mary Anne Thompson in 2005 when she headed the service, would be reintegrated back into the core service.

An Auditor-General’s report in June found that problems were worse in the division than elsewhere in the agency, which is part of the Department of Labour.

Ms Thompson resigned last year after accusations of conflict of interest in helping her family members to gain residency.

Labour Department CEO Christopher Blake said the new structure “will ensure clear lines of accountability and that the workings of the Pacific division are aligned with the rest of Immigration New Zealand”.

“Recent review findings have informed the way Immigration New Zealand has organised and identified the requirements to deliver immigration services in the most effective and efficient ways. The change is designed to minimise risks to current work and any uncertainty and instability to the department.”

CHANGES TO IMMIGRATION POLICY

From November 30:

*Children of essential-skills work-permit-holders who earn below $33,675 will no longer be regarded as domestic students.

*Special work policies will allow 100 nurses, 20 farm managers and 20 engineers from the Philippines and 100 chefs and 100 engineers from Vietnam to work here.

*Nurses from the Philippines can now work for a district health board while obtaining New Zealand occupational registration

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.