Working online is easier in New Zealand

The NZ Government adopts online systems quite happily and for most of the time they work well. Having an online platform for visa applications adds a lot of value to the work we do as things can be managed better and more efficiently.

There is a misconception that because the form is online, it is easier to fill out. This is not true and only really applies to the fact that there are drop down menus for dates or country, which I can't see how that is any different from actually writing it on the paper form. Personally, I prefer to type than to write by hand, so online is good in this respect. However the biggest advantages to online application compared to paper based aplications are:

1. You can manage the application easier after submission
2. It is safer not to have to send in original documents which may get lost
3. We can check exactly what was or was not written or uploaded if INZ challenge us on that later

The application process is not really about what is on the application form, but what documents are provided as evidence of meeting the specifc requirements of each visa. The application form acts as a guide to the case officer so they know what evidence they need to see and be satisfied about. Doing all this online means all the file documents are neatly in one place on the computer rather than on a desk, mistakes can quickly be fixed before they become a problem, and so on.

All applications will eventually be online, and we think that is a very good thing.

Transitioning away from a fixed office

This weekend marked an important milestone on our journey for sustainability. We have moved out of our office that we have had for around 6 years and are making a commitment to a more flexible and less wasteful delivery model. We have been encouraging clients to use digital solutions for some time now, but had been doubling up with a fixed office as well which was not ideal.

Now for clients that absolutely cannot use online meetings, we will endeavour to set up consultations at flexible locations that will minimise commuting times for both us and our clients., reducing time as well as potential carbon emissions.

We are also happy that our old office management is embracing flexible options so we will still be at the site when there is a need for it. Eventually we hope that all clients will embrace online meetings and digital solutions fully though, and we will continue to promote this.

How to use immigration professionals

Undoubtedly using a LIA or immigration lawyer for any visa application, appeal or PPI response adds value and may make the difference between success and failure. While it is posisble to do an application without professional assistance, unless you know what you are doing success may be a matter of luck rather than good management.

The service of professionals can vary widely, but in general you should expect:

• complete management of your case. LIA's will represent you and deal with INZ or other authorities for you. Using and LIA means communication is more controlled so you don't say the wrong thing or provide damaging information.
• Confidentiality. LIAs are on your side, we will not provide information to INZ unless it is benefical to you and your application
• Reasonable fees and honesty. LIAs and lawyers are regulated so both professional fees and disbursements should be reasonable and accurate with no extra fees that are not part of the application process.

Get the best from your LIA

The most important thing to do first is to understand what your LIA will do for you and how they will proceed with the application process. This way your expectations of what will happen will match the reality of the situation. 

When we do an application we follow the following process:

1. Sign up and complete engagement process including paying the invoice or deposit
2. You complete the application data form so we can find out about your situation and what docuemnts we need for your specific case
3. Send in documents as you get them so we can check that they are what we need and give you advice for changes or improvements
4. As we put the aplication together, we check everything carefully and including how docuements and information are working together. This is a fluid process which means that it is best to get steps 1 and 2 done early rather that taking a long time to gather things together and send everything all together once you think you have collected everything. 
5. Once we are satisfied that everything is as complete and strong as possible, we will submit the application and manage anything that comes up. In this stage clients do not need to do anything unless there are some information requests, etc.
6. Once a decision is receved, we convey this to the client with any explanation required.

By following the process of the LIA as much as posisble it is stable and predictable so it is less likely that mistakes will be made or important things missed. Most LIAs will have their system for a reason, and that reason will be to ensure successful outcomes as much as possible. If clients insist on deviating from the process it creates uncertainties and opportunities for mistakes so as much as possible it is best to follow what your LIA sets out for you.

Asking questions

There is a right balance for suggestions and questions. We encourage clients to ask questions and understand the process. The best reason for this is that clients know more about themselves than we do, so if you find something that seems to apply to you, it may be very useful for us. For example if based on the information we know about a client we recommend a certain pathway, but the client finds a better alternate pathway because they think they meet the requirements, we will always listen to this and investigate the alternate pathway if it looks viable.

On the other hand, continually questioning why certain documents are necessary or not providing what is asked for is frustrating and slows the process down. In hourly rate work it also makes it much more expensive for the client than it needs to be. professionals in any field generally will not take the time to teach clients how to do their job, even if that were possible, so while curiosity is understandable, be aware that it can also get in the way.

Go with the flow

Everyone is different and in the end  it is always best to choose the professional that you feel most comfortable with. We have said before that good LIAs and good immigration lawyers should all be competent, (perhaps some more than others) so if you have a choice just go with the one you feel most comfortable with. 

False information is reason for decline

The latest change at INZ is aimed squarely at discouraging migrants from using non-professionals for visa applications. This seems to be part of the Government's overall response to combating migrant exploitation but it will definitely impact any self made applications and genuine applications too.  

Targeting the migrant may or may not sound fair, but in reality it is the visa itself which is the conduit for exploitation, and the responsibility for accuracy and properness of the visa falls ultimately to the migrant. The migrant applicant must make sure that they are coming to the country lawfully so part of this process is to make sure the person doing their visa application for them is a professional and not part of a scam. As it is your responsibility, it makes sense to trust the application process only to a profesisonal.

What has changed?

The new immigration instructions have 3 very significant changes to the character requirements:

1. The inclusion of “agent” to the wording in a variety of areas to cover more eventualities
2. The removal of the defence of not having mens rea (intention) for provision of false information
3. Provision of false information in any visa application will make the applicant ineligible for a residence visa later on. 

These changes should be ringing alarm bells because what this means for anyone applying for a visa is that even by mistake, if false information is provided or important information not provided even on a visitor or work visa, then the applicant will be refused residence later down the path.

What is false or misleading information?

False information covers a wide range of things in the new changes, from forged documents to simple mistakes on the application form. While the changes are supposed to target exploitation type false information, they also include innocent mistakes as well. 

• A fake job offer
• a fake bank statement, drivers license, work reference
• declaration that the job is genuine when it is not
• declaration of an hourly rate when the actual payment is lower
• declaration of having specific work experience, education, English test score when you don't have these
• support letter from friends or employer with information that is not true
• Not giving certain information that you should provide, or hiding important information
• Agents not declaring their input on the application form
• Information that misleads INZ about the true nature of your situation
• Etc

What is an agent?

The word agent refers to anyone who does the application on the applicant’s behalf, but it could also refer to anyone who provides any information on the applicant’s behalf. For example an employer who provides false information on the employer supplementary form or job offer or employment agreement would be in breach of these instructions.

Agent includes:

• LIA
• Lawyer
• friend
• employer
• education / employment agent
• HR manager
• anyone except the applicant

The changes mean that every applicant must have the ability to check that all information provided in the information is true and correct. As many migrants and for example supporting New Zealand citizen or resident partners may not have this knowledge, it means that even self-made applications are much more risky than before. The only people who reliably have the ability to check and understand that the application has been done properly are immigration professionals.

What about professionals?

While most professionals are very careful about checking that information is true and correct anyway, it will also put pressure on us to be thorough about this. There is a lot of case law about the necessity of having mens rea in the commission of an offense, and up to now, the only specific exemption to this was in the case of SMC EOI applications. The courts have held that as this was a specific exemption, the case law would not apply. Now we have an exemption for all visa categories, all applications need to be done very carefully indeed.

Professionals have always been the best option for visa applications and anyone not using a professional has always done so with a certain amount of acceptable risk, but with the changes the level of acceptable risk for many migrants will change significantly.

By using a professional there is an avenue for redress if we don’t do a good job, while employers and agents do not provide any guarantee of doing things properly, so there is a level of ressurance that professionals should be doign a good job.

What is our advice?

1. Without a doubt, all migrants who have any intention, even remotely of staying permanently in New Zealand in the future need to be using immigration professionals such as LIAs or immigration lawyers for their visa applications. But further to this, migrants also need to be encouraging their employers to also check with professionals for any part of the process that may affect them. KIWI@HOME’s service includes full support to all our clients’ employers at no extra cost for any visa application, so we always encourage this anyway.
2. Migrants need to be aware and do their due diligence on who is a licensed professional and therefore is able to work on their behalf, but most importantly has responsibility ad accountability when things go wrong. 
3. If you have provided false or misleading information in a previous application, take professional advice on what you should bedoing now to preserve any chance of residence in the future.

Check LIA status here https://iaa.ewr.govt.nz/PublicRegister/Search.aspx and check lawyer's status here https://www.lawsociety.org.nz/ 

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Migrant exploitation

This has been in the news a lot recently and exploitation is something the Government is really keen to control in New Zealand. However, like most governments they don’t really understand how to go about controlling it…

I think the most important factor in migrant exploitation is how migrants get their visas. Without professional representation or at least some contact with an advocate, visitors to New Zealand are probably not going to understand the protections in place we have for them, where to go for help, or even signs to be aware of that exploitation is happening.

The first point of contact for any dealing in New Zealand immigration law, i.e. a visa application, should be the appropriate professionals who are licensed or specifically exempt from licensing. In New Zealand this means licensed immigration advisers (LIA) and lawyers mostly.

By having contact with professionals, migrants will have at least one contact point to query when they feel things might be going wrong. But more importantly, when getting an application done professionally, we pick up on things that don’t seem right, and often give employers a bit of advice or gentle pressure to ensure that potential exploitation doesn’t occur. Often just a gentle reminder that they are being watched is enough to guide a dodgy employer back on track. Almost all employers are good, but there are many definitions of exploitation that even a good employer my inadvertently find themselves doing. In this case a gentle heads up may also help the employer and prevent them from having compliance issues in the future.

In the end, professional representation will almost always cost less than the agents are charging for their scam, so there should be no reason why this protection should not be encouraged more widely.