23/06/09 - Immigration Authority looks into passport scam

• Email a Friend

Immigration Authority (IAA) looks into passport scam

Gerard Otimi’s passport and visa activities looks set to run foul of the Immigration Advisers Licensing Act and he may risk prosecution for giving unlicensed immigration advice.

Mr Otimi is currently under investigation for selling fake passports and visas to overstayers from the Pacific Islands.

“These activities may involve his giving immigration advice without being a licensed immigration adviser. It all depends on the evidence gathered by the Police. If there is evidence, we’ll certainly be taking a good hard look at it,” says, Barry Smedts, registrar, Immigration Advisers Authority.

To give immigration advice in New Zealand, you have to be licensed by the Immigration Advisers Authority. Advisers operating without a licence can be prosecuted and depending on the severity of the offence can incur fines of up to $100,000 and/ or seven years imprisonment.

“Migrants are a vulnerable community and we are here to protect them from this sort of exploitation. Otimi’s passport activities appear to be in breach of the Immigration Advisers Licensing Act. We are cooperating with the police who are leading the investigation,” says Mr Smedts.

Immigration licensing became mandatory for New Zealand-based advisers on 4 May this year. It becomes mandatory for offshore advisers providing New Zealand immigration advice from 4 May 2010. From that date Immigration New Zealand will not accept applications lodged by unlicensed advisers.

New Zealand is the first country to extend its licensing regime offshore and Mr Smedts says this will help migrants in markets like China and India. “Migrants in markets like these are particularly vulnerable and the extension of licensing offshore will help cut out the shonky operators at source,” says Mr Smedts.

Licensed advisers are required to meet stringent competency standards, participate in continuing professional development programmes and comply with a rigorous code of conduct.

(Source IAA)

12/06/09 - Immediate Skill Shortage List (ISSL) biannual review

• Email a Friend

Friday, 12 June 2009

The biannual review of the ISSL, which is administered by the Department of Labour, sees 44 occupations removed from the list. The list comprises occupations deemed to be in immediate short term shortage in the New Zealand labour market.

The removal of the occupations from the list is the result of extensive consultation with industry groups, other stakeholders and relevant government agencies.

Removal of occupations from the ISSL does not mean employers cannot recruit migrants in those occupations. An employer can demonstrate genuine attempts to recruit a suitable New Zealander, as is the process with all other occupations.  If, after the labour market is tested, Immigration New Zealand is satisfied no suitable New Zealanders are available in that location then temporary work permits will still be granted.

Occupations which were identified as readily trainable and those for which New Zealanders may be available were prioritised for review, to ensure opportunities for New Zealanders.

The occupations being removed from the ISSL with effect from Monday 15 June 2009 are:

* Agricultural and Horticultural Mobile Plant Operator
* Autoglazier
* Baker
* Bicycle Mechanic
* Binder and Finisher (Perfect Binder)
* Binder and Finisher (Print Finisher)
Bricklayer
* Butcher or smallgoods maker
* Cabinetmaker (marine)
* Carpenter (including builder)
* Crane, Hoist or Lift Operator
* Dental Assistant
* Drainlayer
* Earthmoving Labourer (Asphalt, concrete, chip sealing and road pavement workers only)
* Electronic equipment and electronic instrument trades worker
* Motor mechanic (automotive technician)
* Painting trades worker (painter, decorator and paper hanger)
Paving Plant Operator (Roading)
* Pig Farmer (Farm Manager) (Pork Industry)
* Pig Farm Worker (Senior Stockperson only)
* Plasterer (fibrous and solid)
* Plastics Die Setter
* Printing machinist (die cutter operator)
* Printing machinist (die maker)
* Printing machinist (flexographic printer)
* Printing machinist (folder gluer operator)
* Printing machinist (folder operator)
* Printing machinist (sheet-fed offset printer)
* Printing machinist (stitcher operator)
* Product Assembler (Aluminium Joiner)
* Reinforced Plastic and Composite Production Worker (Fibreglass)
* Reinforced Plastic and Composite Production Worker (Marine Laminator)
* Roof Tiler and Plumber
* Roof Tiler and Roof Plumber (Supervisor)
* Scaffolder
* Screen Printer
* Sheep Farm Worker (Senior Shepherd/ Stock Manager)
* Sheep Farm Worker (Shepherd only)
* Sheetmetal trades worker
* Sommelier
* Textile Dyeing and Finishing Machine Operator (Fabric Finishing Specialist/Technologist)
* Travel Consultant (Senior)
* Vehicle painter (including refinisher)
* Web-offset Printer

12/06/09 - Registrar’s guidance on continuing professional development

• Email a Friend

Friday 12 June 2009

Registrar’s guidance on continuing professional development

The Registrar has issued policy guidance for licensed immigration advisers who are required to participate actively in relevant professional development activities. It includes useful tools and templates to help you plan and participate in CPD. The policy covers:

* the requirements of Competency Standard 7;
* the Registrar’s policy on what constitutes “relevant” activity;
* guidance to help you plan and participate in CPD;
* explanation of how CPD requirements link to evidence requirements for upgrade and renewal of a licence.

It is available on the Authority’s website at http://www.iaa.govt.nz/licensed-advisers/maintain.html#cpd

(Source IAA)

09/06/09 - 'Poor decision' made on pregnant woman: Minister

• Email a Friend

Tuesday Jun 09, 2009

Immigration Minister Jonathan Coleman has criticised his department's initial decision to decline a heavily pregnant Lithuanian tourist's permit to stay in the country.

Jurga Skiauteris, 29, her husband Robertas, 34, and their six-year-old son, Leonardo, arrived in New Zealand in January on three-month visitor permits.

The family became overstayers when their permits expired on April 2.

Immigration New Zealand rejected two appeals for an extended permit, despite doctors advising that any travel could harm Mrs Skiauteris and her child.

Immigration NZ has since reviewed the decision and the woman has been offered a visitor's permit allowing her to remain in the country beyond the birth of her child.

"I believe that declining the permit was a poor decision by the department," Dr Coleman said.

"I am pleased that common sense has prevailed and that the woman has now been issued a permit allowing her to stay in New Zealand.'

Dr Coleman said a report by the Auditor-General had found an unacceptable variation in the quality of decision making between branches and that "substantial improvements" must be made.

The department had earlier ordered 29-year-old Jurga Skiauteris to leave the country - despite a doctor's warning that she must be near medical help at all times and that travel could harm her and her child.

Immigration NZ's chief executive Andrew Annakin said that Mrs Skiauteris was offered a limited purpose permit yesterday.

The permit would allow her to give birth in New Zealand because of risks to her health, Mr Annakin said.

Mrs Skiauteris' husband had also been offered the permit but numerous attempts to contact the family had not been successful, Mr Annakin said.

As a general rule visitors and overstayers were not allowed to stay in New Zealand to give birth, but it (the Labour Department) accepted in rare circumstances humanitarian interests would necessitate a departure from policy, Mr Annakin said.

This was such a case, he said.

It was expected that the family would depart New Zealand as soon as practicable after the birth, he said.

Supporting Mrs Skiauteris's application to stay, North Shore Hospital antenatal consultant doctor Alex Ivancevic wrote: "Her pregnancy is a high risk ... She is strongly advised bed rest and avoidance of any activity that might potentially provoke pre-term labour."

Mrs Skiauteris was six weeks pregnant when she arrived in January with her husband Robertas, 34, and their 6-year-old son, Leonardo. She has been mostly bed-ridden since complications were found in her pregnancy during a routine check in early March.

"The unexpected change in health conditions means any travel would put my partner and baby in danger," he said in one appeal.

(Source Lincoln Tan and NZPA)

08/06/09 - More migrant permits vetoed

• Email a Friend

Monday 08/06/2009

Work permit applications are being declined at double the rate of a year ago.

More than 760 work permit applications were rejected in April this year, compared with 224 in April 2006 and 357 in 2008.

Although 4500 applications were accepted in April 2008, just 3200 were issued in April this year, bringing down the approval rating from 93 per cent to 81 per cent.

Shirlene Cochraine, a Canterbury dairy farmer and consultant for recruitment company Greener Horizons, said her company employed 22 Filipinos whose visas were due for renewal over the next 10 months. She had documentation from the Immigration department indicating that it would be "pretty much impossible to get them renewed".

However, she said unemployed Kiwis could not fill the jobs.

Reinier Undan, 27, from the Philippines, 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.

He is saving for his wedding next year, as well as paying for his younger brother to attend school. "It might be very hard to find work at home."

His 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.

"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 the possibility of having to go home. Migrants who were made redundant could look for work only in the occupations their permits covered.

She said the trust was asking Immigration Minister Jonathan Coleman to allow migrants 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?

"We want to highlight to the minister that coming to New Zealand involves huge investment. If we are protecting the investments of Kiwis, why are we not protecting the investments of migrants that come here?"

The National Distribution Union and Filipino workers' group Migrante Aotearoa are petitioning the Government to extend redundant migrants' work permits for three months.

Dr 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."

(Source The Press)

06/06/09 - Clean up immigration now

• Email a Friend

Editorial The Dominion Post: Clean up immigration now

Alarm bells should be ringing loud and long after the delivery of the results of the auditor-general's inquiry into immigration matters.

The report is damning. It found Immigration New Zealand is an organisation not doing its job, and one with a culture that dissuades staff from raising their concerns about that fact.

It found it is an organisation that focuses too much on pushing through the paperwork and not enough on what is on those papers. The team that carried out the investigation found that out of 436 visa and permit decisions it examined, 21 per cent were either questionable or poor. Only 66 per cent were good quality (the rest were adequate). The Pacific division of the service produced the worst results 42 per cent of the decisions made there were either questionable or poor.

Auditor-General Kevin Brady puts that down to poor planning before the division was set up in 2005 followed by a failure to recognise and deal effectively or early enough with the cumulative picture of concern that was building.

Worryingly, the report also uncovered what Mr Brady calls "excessive variation between branches". Put more plainly, it is clear there are elements of a lottery to the process the outcome of a visa application can depend on which office deals with it.

And then there are the backlogs. One office had more than 2000 temporary and 700 permanent applications sitting in the in basket. Another had applications that had been lodged in 2005 that still had not been assigned to a staff member by September last year.

The only saving grace to be found in the report is its conclusion that "generally, Immigration New Zealand staff act with integrity and probity when making visa and permit decisions" and that there are systems in place to investigate allegations of misconduct when they arise, and to take appropriate action. It is competency, not corruption that is the issue.

That is small comfort. Gaining New Zealand residency or even the right to visit is, as the report noted, highly prized by many people from other nations. For those involved, the decisions are life-changing. New Zealanders also have a vested interest in who is given permission to come here, either as a visitor or as a resident.

That means the system that makes those decisions must be impeccable, efficient and robust. Those wanting to come here are entitled to well-judged decisions, delivered quickly. Those already living here are entitled to a system that ensures those who settle here met the criteria that have been laid down for immigrants.

Mr Brady's report makes it all too clear that New Zealand does not have that now.

New Immigration Minister Jonathan Coleman says the service needs "a total overhaul of processes and a change in culture" and promises that he will be calling in chief executive Christopher Blake and State Services Commissioner Iain Rennie to agree on a timetable for change, which he vows they will be held to.

They are not the only ones. The auditor-general's report has shown where the problems are, and recommended how to solve them. It is now Mr Coleman who is responsible for making sure they are fixed, and fixed quickly.

(Source; Editor The Dominion Post)

13/05/09 - Changes to the Skilled Migrant Category – Recognised Qualifications

• Email a Friend

Wednesday, 13 May 200

Changes to the recognition and evidence of qualifications under the Skilled Migrant Category (SMC) will take effect from 25 May 2009.

Details of the upcoming policy changes are available now to enable those people intending to express interest under the SMC, those who have already submitted an Expression of Interest (EOI), and those people invited to apply for residence to make informed decisions about their EOI and/or subsequent residence application.

If you have any questions, please contact Terra Nova Consultancy Ltd, or callthe INZ contact centre on 0508 55 88 55 (or 09 914 4100 if you are in Auckland). Alternatively you may prefer to visit one of the INZ branches for further information.

Summary of Changes

1. The List of Recognised Qualifications will be renamed the List of Qualifications Exempt from Assessment.
2. The list will be updated and expanded to include academic qualifications from the countries below:
* Austria
* Belgium
* The Czech Republic
* Denmark
* France
* Germany
* Hungary
* Italy
* Netherlands
* Philippines
* Poland
* South Africa
* Sweden
* United Kingdom
* United States of America
3. Level four trade qualifications and technical qualifications from Germany, South Africa, and the United Kingdom have also been added to this list. To qualify for points on the basis of being on this list, any requirements specified in the list must be met.
4. Level three trade qualifications from Germany, South Africa, and the United Kingdom have been added to the List of Qualifications Recognised as an Exception. To qualify for points on the basis of being on this list, any requirements specified in the list must be met. Note that applicants who hold a qualification on the list do not need to provide a NZQA assessment.
5. A small number of qualifications have been removed:
* Marine and Aviation lists have been removed, and
* Social Worker qualifications have been removed from the United  Kingdom list.

11/05/09 - Immigration agents in rorts to filch client fees

• Email a Friend

Monday May 11, 2009

Unlicensed immigration agents are using overseas addresses to get around new rules and others are liquidating their companies to avoid returning clients' fees, an inquiry alleges.

Local immigration agents have been required since last Monday to be licensed with the Immigration Advisers Authority or face fines of up to $100,000 and imprisonment of up to seven years.

Anton de Vrije, an investigator with Risk and Advisory Management, last week handed the authority his inquiry's findings, which he said focused on seven immigration companies, hundreds of clients and more than $13 million of transactions.

Mr de Vrije said the business of defrauding would-be immigrants was a "thriving underground industry" involving "hundreds if not thousands of victims".

He said some were subject to extortion by agents who demanded funds while holding their passports. Others had become overstayers and made destitute because of agents' false promises.

He was acting for 29 prospective immigrants, who included former clients of a now-defunct Christchurch-based firm and a second company. But he was not prepared to name all the firms at this stage because investigations are ongoing.

The Christchurch firm, which promised would-be immigrants employment for a fee of $3000 under a money-back guarantee, closed its doors last November leaving 229 clients $600,000 out of pocket, its liquidators said.

It then carried on business in the same premises under another name - but renounced any obligation to refund unhappy clients.

The second company has also been liquidated, with no money being paid to the migrants because they were not listed as creditors of the firm.

"This is typical of how a company defrauds would-be immigrants, and our investigations have shown that the client base of [the Christchurch firm] far exceeds the 229 figure shown in its books," Mr de Vrije alleged.

He said the second company had stopped trading under its New Zealand name but recently started using a firm registered in South Africa, to get around the new licensing requirements.

A director of that firm denied it was an attempt to "beat the system".

He said he had stopped using the New Zealand company because it was being wound up in response to current economic conditions, and did not submit his application to be licensed because it "wouldn't make economic sense" to do so.

Authority registrar Barry Smedts would not comment on what was discussed at the meeting with Mr de Vrije, but said most of the information received was about cases that happened between 2003 and 2006, and did not involve any currently licensed advisers.

Mr Smedts said licensing was mandatory only for individual advisers, but not for companies, and the authority was looking into about 80 issues involving advisers that might impact on licensing decisions.

Only 171 of the estimated 1200 immigration advisers in New Zealand had been licensed.

Immigration New Zealand will no longer accept migrants' applications lodged by unlicensed agents, but will still process those submitted before May 4.

Immigration New Zealand head Andrew Annakin said the service had set up an escalation process to help people who had yet to have an application lodged but had paid money to unlicensed consultants.

"Up to now, anybody could call themselves an immigration adviser, and some migrants have been ripped off," Mr Annakin said.

"The new law is a win-win situation for migrants and professional advisers and we will work through any teething problems to ensure no prospective migrant loses out."

(Source Herald Marketplace, Lincoln Tan)

07/05/09 - Migrants and industry benefit from mandatory immigration licencing

• Email a Friend

1 May 2009

The introduction of mandatory licensing for New Zealand-based immigration advisers will protect migrants from unscrupulous operators and provide valuable brand support for licensed advisers.

“There’s nothing revolutionary about mandatory immigration adviser licensing.  The industry has been successfully regulated overseas for years. What we are doing is bringing New Zealand practice in line with competitor nations such as Canada, the United Kingdom and Australia and that’s got to be good for migrants and the New Zealand industry,” says, Barry Smedts, Registrar, Immigration Advisers Authority.

Mandatory licensing comes into force from 4 May 2009 and Mr Smedts says 166 immigration advisers are currently licensed to operate. “I like to think of licensing as a sort of brand protection that supports good operators and punishes bad ones. I think we’re seeing that happen. Some advisers have opted not to continue in the industry but those who have are fully committed to the concept. There’s real energy there — the industry is now smaller, more professional and has a higher standard of overall expertise,” says Mr Smedts.
Licensing is managed by the Immigration Advisers Authority, a statutory body that is hosted within the Department of Labour, but runs independently from the Department’s day-to-day immigration functions. The Authority establishes and monitors industry standards and is also charged with setting requirements for continued professional development.
As an independent body it can prosecute unlicensed immigration advisers. Penalties include up to seven years imprisonment and/or fines up to $100,000 for offenders, as well as the possibility of court ordered reparation payments. It can also act on complaints made against licensed advisers.
“In the past some migrants were taken for a ride by shonky operators. Now migrants have somewhere to go if they suspect they’ve been poorly served. It’s really just basic consumer protection. We’re an independent body with the power to investigate and prosecute if needed,” says Mr Smedts.

Before the new law was passed, anyone could call themselves an adviser, whether or not they were competent to give immigration advice. The actions of a small number of poor practitioners have seriously disadvantaged some migrants, as well as damaging the reputations of legitimate advisers.
A report by the Department of Labour appraising the immigration advice industry identified complaints about immigration advisers, including: 
• lodging unfounded/abusive refugee status claims without the client's knowledge 
• inaccurate advice about immigration policy leading to poor and costly decisions 
• theft of money and documents 
• failing to lodge applications and appeals 
• failing to pass on information from the Department to the client 
• knowingly submitting false information or fraudulent documents to the Department.

Immigration advisers who work offshore but give advice about New Zealand immigration matters will need to be licensed by 4 May 2010.

The Immigration Advisers Authority does not handle immigration applications or inquiries. These are managed by Immigration New Zealand.

(Source Barry Smedts, Registrar IAA)

04/05/09 - Changes to policy effective 4 May 2009

• Email a Friend

Monday, 4 May 2009

A number of policy changes become effective today, 4 May 2009.

In addition to the Immigration Advisers Licensing Act becoming effective, key changes include:

• amendments to better reflect the intent of visitor's policy
• clarification that applicants for a visa under the China Working Holiday Scheme must be both ordinarily and actually resident in China at the time they apply
• changes to the Parent and grandparent multiple entry visitor's visa policy
• Family Category - Parent Policy – clarification that in cases where an applicant was not included or declared in their sponsor's residence application, immigration and visa officers can continue to process an application and approve it if there was no intention to mislead, and the discrepancy would not have resulted in a different outcome in the sponsor's residence application, and they meet all other policy requirements.