If a farm worker’s ultimate desire is to obtain New Zealand residency, they will actively seek work on a farm where the owner is supportive and who can make this possible for them.
We receive a lot of immigration enquiries from farm workers employed in all parts of South Island. Their roles range from general farm labourers, assistant herd managers, to higher level positions such as herd or farm managers.
Many of these migrants or their employers engage us to obtain work visas, although for some occupations residency is also a possibility. In the past, herd or farm managers are the only positions deemed skilled enough for the purposes of residency, provided their tasks and responsibilities are at the right skill level. The issue most farmers have is not knowing the residence process and/or not being able to determine what roles will secure residency and what skill level/responsibility is required to achieve that.
In recent times, Immigration New Zealand has become tougher on applications for residency from farm workers. Common problems in such applications include insufficient work experience, not having the required amount of authority on the farm (where the owner might be doing things the worker should be doing), not doing the tasks required of them under the policy and also not have adequate English Language ability.
In a previous article, we summarised the Residence under the Skilled Migrant Category process and said that it was a points based two staged process taking approximately six to nine months from commencement until completion. If Immigration identify issues with the application during processing, this timeframe can extend from anywhere between nine to twelve months (or even more), depending on the seriousness of the issues raised.
The employer’s input into this process is limited and in most cases only requires assisting with the right employment agreement and job description, and confirming to Immigration that the employee is undertaking the relevant tasks at his farm. During the processing of the application, the employer is often contacted by Immigration over the phone to discuss the employment position of the migrant in question, and in some instances Immigration will turn up unannounced to undertake a site visit to make sure what your employee is doing (or says he/she is doing) is skilled enough to obtain residency, and also to check your systems to make sure there is compliance with the applicable immigration regulations and your employment obligations.
When it comes to employer obligations, recent changes proposed to New Zealand’s immigration laws means that Immigration New Zealand will now have even more powers to track down and prosecute employers who are not compliant with their obligations. It is common knowledge that employers wishing to employ migrants must comply with all relevant employment and immigration laws in force in New Zealand. There are hefty fines for employing someone without the right visa, or partaking in any form of migrant worker exploitation.
As the rules become more stringent, adequate preparation and the correct professional advice at the outset is very important before a residence visa application is prepared and can save both employees and their employers a lot of time, money, and stress during this process. In many instances our firm has been able to suggest amendments to employment agreements to ensure compliance with current laws and with immigration regulations. Many employers are happy to increase the skill level of their migrant’s roles when they understand what is required to achieve residency. The trick is understanding what an employee needs to do on a daily basis to qualify.
If you take the time to understand the requirements, seek some advice or suggest your employee looks at getting some help, you can work towards a positive outcome for all involved.
The Immigration Team
Lane Neave Lawyers
Tel: +64 3 379 3720 Fax:+64 3 379 8370
www.laneneave.co.nz / www.liveinnewzealand.co.nz
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.