So, you heard the Skilled Migrant Category rules are changing on 24 August, but you’re not sure whether this is good news for you or your employees or not. Adele Mitchell, specialist Immigration Lawyer at Corcoran French explains the new Skilled Migrant Category pathways.
Currently, the Skilled Migrant Category (or SMC) is the main pathway migrant workers (often those already working in New Zealand on Accredited Employer Work visas (AEWV) gain residence in New Zealand. A principal applicant (the person with the skilled job) needs to be under 55, be of good health and character and meet the required standard of English.
Importantly, they need a skilled job paying at least $35 per hour (or the current SMC median wage). Skilled roles are ANZSCO classified skill level 1-3 roles. Things like Nurses, Engineers, Managers, and Teachers. Alternatively, they may qualify if their role is lower skilled but paid one and a half times the median wage or $52.50 per hour.
None of that is substantially changing. What is changing is the ways the applicant show they have the skills needed to be granted residence.
Currently, a principal applicant can show they have they required skills by earning points from either income, or qualification or occupational registration (the points for this depend on occupation) which can then be topped up by points for skilled work experience in New Zealand. Skilled work experience is gained AFTER a person has become qualified.
The current points pathway is remaining, but from August 24 there are now two additional pathways for meeting the required skills. The introduction of a RED list means people working in roles on the list MUST apply under this pathway. These roles are roles where there has been a higher risk of immigration harm in the past. Those roles are:
- Beauty Therapist
- Hair or Beauty Salon Manager
- Hairdresser
- Hospitality, Retail and Service Manager
- Massage Therapist and
- Retail Manager
The first new pathway is the skilled work experience pathway. Here the focus is on work experience and pay rate. There is a small fishhook though for those in some listed occupations.
The skilled experience pathway requires a total of 5 years directly relevant skilled work experience (that would likely mean it is in the same occupation you are applying under) paid at the slightly higher rate of $38.50. INZ have identified occupations, based on past experience, that pose the most risk, and placed them on the Amber list. Those roles are:
- Accommodation and Hospitality Manager
- Hotel or Motel Manager
- Hotel Service Manager
- Baker
- Bed and Breakfast Operator
- Café or Restaurant Manager
- Caravan Park and Camping Ground Manager
- Chef
- Customer Service Manager
- ICT Customer Support Officer
- ICT Support Technician
- Office Manager
- Pastry cook
- Web administrator
Occupations on this list will be subject to slightly higher expectations of pay ($42.50) and New Zealand experience (instead of experience that could be gained anywhere). This pathway is a long road to residence, if you are starting out freshly qualified. However, if mid-career and well paid, this pathway could provide a good alternative to those lacking the formal qualifications needed under the points pathway.
The second new pathway is the trades and technician pathway which requires a total of 4 years directly relevant post qualification skilled work experience and employment paid at $35 per hour in one of the 109 listed trades. The first 2.5 years work experience must be gained post qualification and a further 1.5 years must be gained in New Zealand.
In theory this pathway should open up residence to more tradespeople who haven’t been covered by the Green List Straight to Residence policy, or aren’t exceptionally well paid. However, a potential snag here is the requirement to have a level 4 qualification, which we know many tradespeople didn’t obtain as they learnt on the job.
To take you or your employee from skilled to residence book a free 20min consultation with Adele Mitchell through our website. Check out our video on this topic on our social media here.