At the coalface · 2017-05-12 · At the Coalface. By Katy Armstrong. When I was asked to present at this Conference we came up with this topic & I’m so glad as with all the changes
When I was asked to present at this Conference we came up with this topic & I’m so glad as with all the changes happening it’s perfect timing to be able to talk about how strategising with Clients when the coalface just got a whole lot tougher.
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At this coalface we must develop a heightened ability to see in the dark.
We are only beginning to grapple with the issues raised by modern migration
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Having a wider perspective can help us manage our own & clients’ expectations. This is an extract from an important work - Exodus: Immigration and Multiculturalism in the 21st Century by Paul Collier – see this review: https://www.theguardian.com/books/2013/nov/17/exodus-immigration-multiculturalism-paul-collier-review.
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With all due respect to the practitioners of times past, I see the transition of our profession as analogous to the transformation of tennis, or athletics generally – in the 1970s it was enough to be elegant and somewhat agile. Chris Evert was an elegant player with a famous two-handed backhand who rarely volleyed…
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The game has evolved to a point where athletes have to be super athletes functioning in a far more pressured world where the stakes have also become higher and the game more complex – muscularly and psychologically they must be fitter than ever for purpose. As Chris Evert has said “We started it, we started the tennis craze, and there wasn’t as much pressure and there wasn’t as much focus..”
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We immigration practitioners must be problem solvers.
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We must have rear view vision – check rear view mirror every 9 seconds was what I was told when learning to drive.
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We must be Ninja.
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And just when we think we’re sufficiently Ninja, we must be doubly Ninja.
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We must work strategically keeping all balls in the air for our clients wherever possible (assuming they are on-shore and caught up in the change).
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While having to suffer the daily grind of irritations associated with working with a grinding bureaucracy & glitch-ridden systems
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That make you feel you need to stick pins in something/someone.
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It’s worth just remembering (also in the vein of maintaining a healthy perspective) I’d like to remind us how quickly NZ has gone from this….
In a New Zealand city at the weekend, ‘you could have shot a rifle in the street and you
wouldn’t have hit anybody’ (1950s)
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And this…
I think we have the balance right
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To this.
Rampant immigration is strangling the city
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Amid this.
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And of course. This. I have read the various cabinet papers around the changes that are upon us but nowhere directly does it apologise for what I think is a major driver behind them – the student debacle.
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Here I recycle a slide from a conference some years ago which I was asked to share with INZ. It came from a then live unlicensed education agent’s website. The agent flagrantly and unashamedly touted NZ education as an easy route to PR. Yet here were are in 2017 and the problems with agents and PTE issues persist.
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It’s a dirty business where it seems money corrupts. Yes, even in little old New Zealand, money corrupts (sadly).
uphold the integrity of New Zealand’s immigration system and
the Immigration Advisers Authority
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When I first became licensed this was my undertaking to the State under the first LIA Code of Conduct….
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As to the integrity of the system sometimes it’s what’s left unsaid that speaks the loudest.
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Cabinet Paper March 17 - Report (see http://www.mbie.govt.nz/info-services/immigration/oia-responses/folder-labour-migration-policies/Remuneration-thresholds-skilled-migrant-category.pdfback) published last week does say this.
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And this. Showing that the changes are very much calculated to stop SMC being dominated by international graduates in perceived ”low value” roles such as Chefs, Retail/Hospitality Managers & the like.
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106125157166158144134139127 129146167
147159163169168150
17 25 14 16 14 16 9 15 9 18 9 12 14
EOIS SELECTEDTotal Selected No Job
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This shows the reduction in EOIS since October 16 –the higher figures are the numbers selected. The lower line of numbers are those who applied with no job or job offer. The new rules will possibly wipe out the no job offer people altogether once LTSSL bonus and close family points go. The numbers have been effectively slashed in half. There will be further casualties post August 14th.
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This is having a painful strangulation effect on many good migrants already here in the country. The South Island contribution visa only touches the surface of the number of people here, contributing, who have no current pathway to residence.
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Which means we are having to scrape sometimes to the bottom of the barrel to find a strategy that will work. (Note we do this to assist those already on-shore – for off-shore applicants, clearly we can simply adapt to the new rules with less effort).
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The key changes – again see http://www.mbie.govt.nz/info-services/immigration/oia-responses/folder-labour-migration-policies/Remuneration-thresholds-skilled-migrant-category.pdf.
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A key consequence for the PTE sector those who think they can come in and use the WD1/2 pathways to gain work experience will be out of luck: Age 30; diploma 40; 80 job = 150. So without additional e.g. LTSSL or partner points this group will be extremely hard-hit.
STRATEGIES FOR STUDENTS
• If still off-shore use diplomas only if already qualified at
a higher level or have prior skilled work experience
• If on-shore, consider upgrading to a higher qualification
• Employer becoming Accredited if the role pays enough
(noting this policy could fall subject to review)
GENERAL STRATEGIES
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SM9.10 Definition: Employment outside the Auckland region See also Health and Safety in Employment Act 1992 s 2 Employment is outside the Auckland region if the principal applicant's entire or principal place of work (as defined in section 2 of the Health and Safety in Employment Act 1992) is not within the territories covered by the Auckland Council. Note: The Health and Safety in Employment Act 1992 defines a 'place of work' as meaning a place (whether or not within or forming part of a building, structure, or vehicle) where any person is to work, for the time being works, or customarily works, for gain or reward; and, in relation to an employee, includes a place, or part of a place, (not being domestic accommodation provided for the employee):��~ Where the employee comes or may come to eat, rest or get first aid or pay; or�~ Where the employee comes or may come as part of the employee's duties to report in or out, get instructions, or deliver goods or vehicles; or�~ Through which the employee may or must pass to reach a place of work. With regards to Accreditation – it is noted the 55k salary threshold (not including overtime etc.) still holds, as do lack of English language requirements for principal applicants – but for how much longer cannot be guaranteed.
• Employers compliance – educating clients
50% of the Visa Is About the Job
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Advisers really do need to gem up on employment law – 50% of the visa is @ the job. These guys are my personification of the Labour Inspectorate who, as we know, have upped the ante on all aspects of employer compliance – as has INZ.
• Long-term strategies = more work
• Knock on effect on fees
• The absolute need to work smarter & e.g. gem up on
employment law
IMPLICATIONS FOR PRACTITIONERS
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It’s time the industry considers the common fees models in my view. While there may be a sector of the adviser community that has overcharged and gained windfalls at this coalface, those who work hard and with integrity are now doing so in an environment that requires greater agility and resourcing and it is certainly causing us to review our fees in our practice.
SCENARIO PRE- OCTOBER 2016
• Acoustics Engineer in her 30s, working in AKL
• Mech Eng Degree – not LQEA
• IELTS test from 2015 expired (6.5)
• Partner Engineer, not LQEA fixed term job 11 months(!)
Age 25Job Offer Auckland 5010+ years experience 30
SAFETOTAL 105Possible Future Growth points for job and work experience (design) 25
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Here is an example of someone whose EOI I submitted just before the 12 October changes. All was running smoothly – she was on a 3 year work visa we got through Washington. When the guillotine fell our plans had to dramatically change and it was clear a whole lot more work was needed. We had been minimalist in line with all pre-October 16 work. If a client did not need points for a qualification we would not chase. This, to save time and money & to speed up visa processing times wherever possible. All that changes on that fateful day in October…
SCENARIO POST OCTOBER 2016
• Immediately embarked on NZQA PAR and IQA
• Booked English tests for both
• Negotiated with Partner’s employer to extend the contract
Age 25Job Offer Auckland 5010+ years experience 30NZQA Mech Eng Degree 50Partner Skilled Employment 20
TOTAL WITHOUT FG POINTS 175
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Note here the use of the PAR strategically to be able to quickly rescue the EOI within the 6 months while we organised translations and lodgement of a full IQA which, by the way, is still running 4 months later but we were at least able to get the SMC in before police etc. expired by moving quickly following the changes.
SCENARIO PRE- OCTOBER 2016
• HVAC Sales Engineer aged 35, AKL, 95k
• Partner nanny, no qualification
• 10 years experience - 3 in NZ - 2 no VOC
• Old UK trades qualification – not recognised
Age 25Job Offer Auckland 5010+ years experience including 1yr bonus NZ experience (lawfully)
35
110
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This poor chap got caught out on 12 October. At the same time we had a baker on $16 an hour with a level 4 qualification who sailed through. He had been in NZ already for 3 years with wife and child. He felt understandably stranded on 12 October.
SCENARIO POST- OCTOBER 2016
• Decides to change employer – new 3 yr work visa obtained
• Add in bonus points for completing another year’s lawful experience in NZ as of March 17
• Add in 40 points for a qualification gained on the job
Age 25Skilled Job in AKL 5010+ years experience 30 2 yrs lawful experience in NZ 10Level 4 refrigeration qualification gained on the job through CompeteNZ 40
TOTAL 165
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So I reviewed his case and concluded it was best if he could get a level 4 qualification (his employer was not prepared to go for Accreditation). We researched and found that he could get a level 4 HVAC qualification on the job via Competenz. Just as well as post-August his points would drop again as his first 3 years of work experience would be discounted IF the “skilled work experience” rules come in as are currently being discussed. See next example for more on this.
• Competenz
• Innovative Hospitality (Longlas Ltd) – for chefs
with 5+ yrs
• Motor Industry Training Organisation
• Primary ITO for farming qualifications
• HITO for barbers/hairdressers with 5/7+ yrs
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This in a non-exhaustive list of some ways to get qualified on the job. The Chef option for example, is a level 4 professional cookery qual – costs around 6-7k++. The assessor comes to the workplace & assesses on-the-job. Please be careful with these level 4s as a Chef needs level 5 if they do not have 3 years skilled work experience but because a level 4 is relevant to COOK it can attract free-standing points for a qualification BUT it will not meet ANZSCO for purposes of claiming points for a skilled job offer.
SCENARIO PRE- AUGUST 2017
• 30 year old UK builder earning $27 per hour
• 3 years work experience in NZ
• 6 years total work experience but qualified after year 2
• Recognised UK qual (level 5)
Age 25
Skilled Job 12+ months in AKL 60
6 years total experience 20
Additional 3 years work experience NZ 15
Level 5 qualification 40
TOTAL 160
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This example is to show the level of strategising that is required in some cases at this transitional point where we need to be looking at the pre and post-August changes.
BUT
• For 1 of his years in NZ there is a certain compliance risk factor which may not be picked up on. If it is:
Age 25Skilled Job 12+ months in AKL 605 years total experience 15Additional 2 (not 3) yrs work exp. in NZ 10Level 5 qualification 40
TOTAL 150
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This guy could qualify now IF a the compliance issue is not picked up on. Versus him possibly not qualifying at all post August. Hence it is a situation where we must advise on relative risk factors. It may also require a client to move faster and spend more money quicker than they had planned if he’s to apply for residence now. Ultimately, the decision is his. Our role is to provide comprehensive advice, from which our Clients can make informed choices. In this case, if this Client moves now he may just get his residence sorted. He has to balance risks. The risk of the compliance issue being picked up may be less than the risk of not meeting residence criteria in future. It is a case that hangs in the balance.
POST- 14 AUGUST 2017
Age 25
Skilled Job 12+ months in AKL 60
3 years total experience 10
Bonus points for work experience in NZ 12+ months 10
Level 5 qualification 40
TOTAL 145
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This assumes he will not be able to claim the first 3 years of his work experience because he did not qualify until 3 years in – he was on day release from his job to get qualified even though fulfilling the functions of a builder from day one. That’s because he’d grown up in a building family and had some skills already when he left school. INZ will likely not recognise that however, as being skilled employment until year 4. Please note that per the policy writers the finer points of how skilled employment will be looked at is still a work in progress but this is the current indication.
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For this builder these are therefore the options. He is currently mulling and raising funds for an SMC if he’s to go ahead now.
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We are always looking at the other issues – how the keep the person here on temporary visas. Back up plans for appeals etc. As a note here, it is essential if thinking of an appeal that ALL evidence goes before INZ or you will may fall foul of S. 189 (1) of the Act ….exception being the rule that if the information is new or could not have been provided at the time. Also the occurrence of an EVENT such as a new job offer…. Do gem up on S.189.
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Always have a Plan A-B-C for the Client if you can.
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And above all it is our job to remain calm, objective and all-seeing for our clients even in the toughest of times.
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It is at this point in my dark tunnel that I build an altar to my good fortune for having a long-standing and supportive partner, through whom I got my residence; my British passport which has given me so much freedom & no doubt helped my residence to fly through in 3 weeks. And I light my candle while I reflect on my good fortune that spared me what so many of my clients have to go through. Having perspective informs our practice. I also thank those I don’t have time to put at my altar – those are my working colleagues whose support and humour makes working at this tough old coalface bearable.
