Business Residence Class Visas

BUSINESS RESIDENCE CLASS VISAS   INTRODUCTION This paper will consider Immigration New Zealand’s policy in the following areas: (i) Investor 1 (Investor Plus). (ii) Investor 2. (iii) Entrepreneur (Work to Residence). (iv) Permanent Residence. (v) Parent Retirement (an investor category). After discussing the basic policy provisions by way of introduction, there will be further discussion … Read more

Convictions and Good Character Issues: Clean Slate and Immigration Consequences

Convictions and Good Character Issues:  Clean Slate and Immigration Consequences Introduction Section 14(1) Criminal Records (Clean Slate) Act 2004: “If an individual is an eligible individual, he or she is deemed to have no criminal record for the purposes of any question asked of him or her about his or her criminal record.” In the April … Read more

Wiping Historical Offences

Stewart Dalley guides us through the process of applying for historical homosexual offences to be wiped from criminal records. Who Can Apply? Persons convicted, or those acting on behalf of a deceased convicted person, can apply personally or through a representative. What Can Be Wiped? The list of offences you can apply to wipe are … Read more

Case Law Update – IPT Residence Appeals

This paper was first delivered at the LexisNexis Immigration Law Conference on 22 May 2018 Stewart Dalley, Associate; Somang you, Senior Solicitor, and Pooja Sundar, Solicitor, Ryken and Associates   RESIDENCE APPEALS – CURRENT LANDSCAPE   Since last year’s conference there have been 235 decisions fully uploaded to the Immigration and Protection Tribunal’s website (covering … Read more

Recent changes to immigration laws: Implications for hospitality employers

This article first appeared in October 2017 issue of Hospitality Insights Vol 1, No 1, Inaugural issue. Immigration New Zealand (INZ) recently announced changes to the skilled migrant residence and essential-skills work visas based on a strong association between skills and salary. This shift will impact both employers and migrants, especially in hospitality. According to the INZ, … Read more

New Zealand immigration by investment

  This article first appeared in the March 2018 issue of the Newsletter of the Immigration and Nationality Law Committee of the Legal Practice Division of the International Bar Association (Vol 22, No 1) and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.   New Zealand immigration … Read more

New Zealand Immigration Law: Entrepreneur v Investor

NEW ZEALAND IMMIGRATION LAW AND POLICY ENTREPRENEUR V INVESTOR   Introduction New Zealand has an Entrepreneur Work Visa Category which, after a business is established satisfactorily, entitles the applicant to lodge residence under the Entrepreneur Residence Visa Category. This is a transitional process involving actively setting up a business, usually employing New Zealand citizens and residents, … Read more

Immigration Policies and their Impact on New Zealand Society

Immigration Policies and their Impact on New Zealand Society 1.0 THE COLONIAL PAST 1.1 New Zealand was undoubtedly the last country in the world to be settled by humanity. The Maori people, the tangata whenua arrived from the central South Pacific, probably during the 13th and 14th centuries (see King (see below at 2.5): pages … Read more

Section 6 NZBORA – In the Eye of the Beholder?

Section 6 NZBORA – In the Eye of the Beholder? On 7 March 2016, the Human Rights Review Tribunal (HRRT) delivered its decision in Adoption Action Inc v Attorney-General [2016] NZHRRT 9. Here, the HRRT issued six declarations of inconsistency between the Human Rights Act 1993 and the Adoption Act 1955 (it also issued a … Read more

Can You Bring The Family?

Can You Bring the Family: A Review of Current Immigration Trends in Family Immigration: New Zealand 1.0 Introduction 1.1 New Zealand has liberal policies relating to those who may be included as dependants in a primary application for residence. Over the last ten years, subsequent sponsorships for family members however, have become more restrictive, unless … Read more

Immigration Issues and Doing Business In New Zealand

Immigration Issues and Doing Business In New Zealand (Excerpt) Reference is made to the very helpful article on immigration issues involved with doing business in the United States, written by Zachary Norris and Ada Echetebu. Almost without exception the problems facing New Zealanders bound for the US are identical or parallel to the problems and … Read more

1) Global Transfers of Highly Skilled Workers into New Zealand & 2) Investor Categories

I. Global Transfers of Highly Skilled Workers into New Zealand 1.0 Introduction 1.1 The transfer of the highly skilled into New Zealand occurs in the following four ways: i. Residence (Skilled Migrant Category). ii. Corporate transfers (WS2 work visa policy). iii. Employer accreditation (Work-to-Residence policy). iv. Essential Skills (market-tested unless in a shortage list occupation). … Read more

The Role of Immigration Policy in New Zealand Law

THE ROLE OF IMMIGRATION POLICY IN NEW ZEALAND LAW (Excerpt) New Zealand has a unique immigration system. It has framework legislation in the form of the Immigration Act 2009 (which replaces the 1987 Act on 29 November 2010). Beneath the driving legislation there are regulations which describe what documents are required for an application to … Read more