Obtaining & Renewing Temporary Work Permits

There has been some bad press recently surrounding issues with renewing temporary work permits, labour market testing and migrant redundancies.

As a Licensed Immigration Adviser, it’s my job to provide you with the facts as well as a little perspective.

As many of you are aware, there has been a lot of controversy surrounding Immigration New Zealand’s decision to decline applications from some migrants who are here on temporary work permits.

You may also have heard stories about new migrants who have had their application for a temporary work permit declined as a result of labour market testing.

Let’s put the media hype to one side for a moment, focus on the facts and ensure you are making informed decisions about planning for your new life in New Zealand.

Glen Standing
Licensed Immigration Adviser No. 200800361

What Has Changed?

Given the change in the New Zealand labour market and a rise in unemployment, the Government has removed some occupations from its Skill Shortage Lists.

As we said in our July newsletter, your occupation does not have to feature on a Skill Shortage List in order to successfully obtain or renew a New Zealand work visa/permit.

However, if your occupation is not included on one of these lists, it is likely that your work visa application will be subject to a labour market test.

A labour market test is carried out by the New Zealand Ministry of Social Development (MSD) at the discretion of Immigration New Zealand (INZ) to ensure there are no suitable New Zealand residents for the role. These tests only apply to work visas/permits, not permanent residency.

If your application is subject to a labour market test, processing times can be lengthier and in some cases your application may be declined. Alternatively, INZ may be satisfied that there are no suitable New Zealanders for the role and will approve your visa application provided everything else is in order.

Detailed Job Description Essential

The labour market testing process makes sense and I agree that New Zealand employers should make an effort to find suitable Kiwi candidates before offering jobs to migrants.

Nevertheless, should a migrant be more suitable for the role both in terms of skills, experience and personality, then the employer should have every right to employ that person.

From my own experiences, it appears that simple miscommunication and the absence of all the facts may be to blame for many unsuccessful visa applications.

It is crucial that, for the purposes on your visa application, you obtain a complete job description from your employer, which includes mention of any specific skills or experience that are essential for carrying out the role.

For example, there may be a number of Kiwis who the Ministry of Social Development believes would be suitable for an automotive parts sales representative role. However, these people may not be suitable if the employer needs someone with 3-5 years experience with Harley Davidson motorcycles. It’s important this information is included in the job description.

Several migrants have approached Golden Sands recently because their visa applications had been declined due to labour market testing, which initially found suitable Kiwis for each role. However, when we contacted Immigration New Zealand, the MSD and the employer, it was evident that not all the facts had been provided, either by the applicant or the employer.

Golden Sands worked to source more information about the specific skills required for each role and has to date successfully secured visas for three of these migrants.

Remember! Temporary Permits Are Only Temporary

New Zealand’s labour market has been changing, which is why the Government has reviewed its skill shortage lists and is undertaking labour market testing.

On the surface, it doesn’t seem fair that some families have had to return home because of the changing labour market.

However, temporary work permit holders should remember that there is no certainty that their permits will be extended. Temporary means just that...temporary.

It is vital that, if you and your family are here in New Zealand on a temporary work permit and you meet the requirements for permanent residency, get your application in as soon as possible.

Are There Still Jobs in NZ for Migrants?

Absolutely! New Zealand still has areas of skill shortage we need to fill with talented and experienced migrants. In fact, the goal set for the New Zealand Government’s Residence Programme for 2009/10 is 45,000 to 50,000 people – no change on last year’s figures.

No one can deny that times are still tough and the labour market is tight. While we can't get excited yet, there have been recent signs that things are improving and there are still thousands of vacancies currently being advertised by New Zealand employers and recruitment agencies.

Admittedly, not all are willing to consider overseas candidates. However, if you are prepared to come to New Zealand to search for employment, make yourself available for face-to-face interviews and have the patience required, there is a very good chance you will eventually find a suitable job that will meet requirements for your visa.

Within the month of June alone, the Golden Sands employment team was successful in helping 6 of our clients find jobs in New Zealand. They have tackled one of the biggest challenges of the migration process and we are now working with them to obtain their visas from Immigration NZ.

Seek Professional Advice

If you have concerns about any of the issues you have read or heard about, make sure you get professional advice and the facts from a Licensed Immigration Adviser.

Don’t make any hasty decisions or put your migration plans on hold based on what you read in the newspaper!

Glen Standing
Licensed Immigration Adviser No. 200800361