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.

New Zealand Residence Programme: Skilled Migrant Category fortnightly selection

Source : immigration.govt.nz

A selection of Expressions of Interest (EOI) under the Skilled Migrant Category took place on 27 January 2010.

The following EOIs were selected. 

27 January 2010

Selection criteria	No. of EOIs
All EOIs at or above 140 points.	376
All EOIs with a job or a job offer claiming points between 100 and 135 points.	119
All those claiming 15 points for work experience in an area of absolute skill shortage and with a points total between 130 and 135 points.	48
TOTAL SELECTION	543

 The next selection will take place in a fortnight.

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.

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

Immigration in the Current Time

 

Auckland Immigration Law Firm

Whether you are already residing in New Zealand or are planning a move to New Zealand, you should be aware of the benefits and risks surrounding your application or current permits.

Losing your New Zealand job, as a result of the recession or otherwise may result in you not being eligible to work in another organisation. This can have dire consequences, the worst being that you could face having to leave New Zealand.

A work permit does not carry with it a guarantee for renewal or a guarantee that permanent residency will be granted. A sad fact that some migrants do not completely understand when making the move to New Zealand.

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, http://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.

So what options are available to you? Immigrants in New Zealand fall broadly into three categories:-

1. Those that hold Citizenship
2. Those that reside in New Zealand and hold permanent residency
3. Those that reside in New Zealand and hold valid work permits

If you currently reside in New Zealand and hold a valid work permit that is about to expire, review your options.

1. Are you eligible for permanent residency? If so then this should become your priority. Holding a permanent residency permit places you in a stronger position should you be required to find alternative employment because of downsizing or closing of the organization that sponsored your work permit application.
2. Apply for the renewal of your work permit in a timely fashion.

Employers who are unable to find suitable workers in New Zealand and have roles that do not meet the Skilled Migrant or Talent work permit criteria may be able to assist a potential employee in obtaining an Essential Skills work visa or permit. An employer would have to demonstrate that:

1. There were no suitable employees in New Zealand.
2. They made genuine attempts to attract and recruit New Zealand workers for the positions at the current market salary.
3. They provided evidence of advertisements placed, responses received, industry statistics on vacancies and training in place to address shortages.

Work and Income would also be contacted. All of the above takes time, so you need to allow sufficient time when renewing your work permit.

At Quay Law we are often asked to clarify the difference between a visa and a permit? A visa allows a person to travel to the NZ border and a permit allows them to remain in the country. Unless a person has a multiple-entry visa or another single-entry visa, a permit expires when a person leaves 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. Sometimes this can be as simple as ensuring that your application is completed using the correct application form, a mistake that can cause an unnecessary time delay. Mistakes or shortcuts in this process can have financial and emotional consequences.

For more information on your immigration matters, call Ian Mellett of Quay Law Barrister and Solicitor in confidence.

Contact Details Phone: 09 523-2408

Email: ian.mellett@quaylaw.co.nz

Web: www.quaylaw.co.nz

Web: www.lawyerinauckland.co.nz

Quay Law Legal Blog: www.ianmellett.wordpress.com

Immigration Blog: www.immigratenz.wordpress.com

Skype: Quaylaw

UNAUTHORISED USE. The contents of this article may be subject to copyright, legally privileged and confidential. Any unauthorised use, distribution or copying of the contents is expressly prohibited

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