Identifying when you need help! Part 2 of 3

We will discuss when you may require these services, why it is required and how immigration matters are addressed.

It is unfortunate, the pandemic has brought a change to New Zealand. That being said, the government has no choice but to amend immigration policy accordingly. As we head into Alert Level 1, we will be seeing new policy changes coming in.

We will discuss areas where you may require specialist advocacy to assist an Applicant and/or Employer gain a favourable result.

1. Raising a concern – Potentially Prejudicial Information

As Immigration New Zealand gain traction on visa-application processing, we are predicting an increase in PPI letters!

Expect to find “concerns” being raised by Case Officers on most new work visas applications where it is dependent on a job offer from a New Zealand employer – mainly essential skills work visas.

Unemployment has increased and the number is projected to grow over the coming months. The reasoning behind the immigration policy changes are:

  • there are now more New Zealanders available to fill vacant roles,
  • New Zealanders are readily available to work, and
  • New Zealander either have the skills or can be trained for the role.

We will see these changes across all industry sectors from the most highly-skilled roles through to entry-level and lower-skilled roles.

Labour market testing:

Now, more than ever, Immigration New Zealand and the Case Officer assessing your work visa application has to be satisfied “at the time” of assessing your application, a current [real-time] labour market test (LMT) is available to demonstrate there are no New Zealander’s to fill the role.

If the Case Officer is not convinced [or satisfied] of the LMT, expect to receive a time-stamped [and response due-date] letter requesting evidence. This PPI letter should be taken very seriously.

If this happens, we strongly recommend you seek advice so that you can discuss potential outcomes and respond appropriately.

2. Request for Information

A RFI is where the Case Officer sends a letter and reads something like, “you have provided the following xxx documents, can you provide updated documents showing how you e.g. remained in contact with each other, your recent Chat history, evidence of living together, etc…”

This letter seems quite mild-mannered but don’t take this lightly. Applications have been declined due to the lack of evidence and not meeting immigration policy. The harsh reality is, while the letter may not address “concerns” of the case officer, it is a PPI letter.

Again, if this happens, we strongly recommend you seek advice so that you can determine exactly what further information the Case Officer requires and that you are meeting immigration policy for the visa for which you are applying for.

3. Character Concerns

These issues are generally on a Police Clearance Certificate, or where the applicant [applying for the visa] has made a false or misleading statement.

Immigration New Zealand will allow you to comment on the issue. It is important understand the issues/concerns raised, the immigration policy affected and the issue addressed in-line with the requirements of the policy.

Again, an applicant can have a unfavourable visa outcome if the matter is not addressed according to the set immigration policy.

4. Health Concerns

While a Medical Assessor may request further reports if a visa applicants’ medical tests are not within the range in which they work, this type of Request may require comment of the applicant’s health and their ability to fulfil their duties of the visa for which the are applying.

5. Section 61 – The Unlawful Person

This matter is serious as the Applicant does not hold a valid visa to remain in New Zealand i.e. is now unlawful in New Zealand.

As the matter is complex, one should seek immediate advice on how to remedy their situation.

5. Non-compliance

This means the visa holder is not meeting their current visa conditions. With the current labour market, quite a few temporary visa holders [whose work visas are linked to a specific employer] may be in a situation where they have lost their jobs.

Again, this matter is complex as it involves matters of deportation. One should seek immediate advice on how to remedy the situation.

If you find yourself in a situation, it is best to seek lawful immigration advice from a practitioner (Licensed Adviser/Registered Migration Agent) who are competent in handling such matters.

Feel free to contact us at Admin@a2nz-immigration.com or call us for a confidential chat.


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