2015-May 08: Immigration Amendment Bill (No. 2)

Visa Pak 210 - Information about Immigration Amendment Bill (No. 2) and the changes impacting the relevant areas including changes for Visa Services staff

Visa Paks

8 May 2015

The Immigration Amendment Act (No. 2) has now taken effect and includes a number of amendments to the Immigration Act 2009. In general terms the changes address gaps in the compliance regime, respond to opportunities provided by new technology and introduce measures to address the exploitation of workers. While many of the major changes impact on Compliance, Risk and Intelligence Services, there are some changes which impact on Visa Services and staff should therefore be aware of. While some changes take effect immediately, others require standard operating procedures to be developed before they will take effect. Further advice will be circulated as these procedures are developed.

Below is a summary of the major changes relevant to Visa Services staff. Unless stated otherwise, these changes are effective immediately:

  • Addresses - there are new provisions relating to addresses and notifications. Applicants for visas and entry permission are now required to provide an address for service and a contact address. Immigration forms already allow for this so no changes need to be made.
  • Absolute discretion – the amendments clarify that privacy principle 6 does not apply to absolute discretion decisions. This means the reasons for those decisions will not be released, however they can still be reviewed by the Ombudsman or the courts.
  • Section 15 – amended to clarify that a person is not prohibited from re-entering New Zealand if, despite previously being deported, that person is not, or is no longer, subject to a period of prohibition on entry.
  • Sponsorship - Act now allows sponsorship for up to 10 years. No current change as conditions are still set in instructions at 5 years.
  • Cancellation of visas – a new section 64(1)(ab) now provides that if a person holds a visa, this is cancelled on the day after the first date a deportation order may be served. The person must be advised of this in their deportation order. If a new visa is issued to a person whose visa has been cancelled, this does not affect their deportation liability. Compliance officers are responsible for cancelling the visa in AMS on the applicable date.
  • Deportation Liability - Section 158 states that a residence class visa holder is liable for deportation where it is established that any of the information provided in relation to their application for a residence class visa, entry permission, or any previous visa that led to residence was fraudulent, forged, false, or misleading, or any relevant information was concealed.  Liability arises whether or not it was the visa holder who provided the information. Staff should continue to process residence class visa applications as per normal including the usual character process. A case only needs to be referred to Resolutions where it is identified after the grant of a visa that there was fraud etc.
  • Suspension of visa processing - section 169 has been amended to clarify that the suspension of visa processing while liable for deportation does not apply to applications referred back by IPT for further consideration.
  • Migrant Exploitation - section 161 now states that a residence class visa holder is liable for deportation where convicted of an offence against section 350(1)(a) (knowingly employing a person who is not entitled to work), or section 351 (exploitation) within ten years of obtaining the visa. Staff should be aware of these changes and refer any cases where there may be potential migrant exploitation.
  • Migrant Exploitation - section 351 has been amended to make exploitation of migrants on temporary entry class visas with work conditions an offence, as well as unlawful workers, and by extending the offence to apply to an employer who is reckless as to whether a worker is entitled to undertake the work or is on a temporary entry class visa. Staff should be aware of these changes and refer any cases where there may be potential migrant exploitation.
  • Migrant Levy - section 399 has been amended to rename the Migrant Levy the Immigration Levy and now enables those people who apply for a visa (not just those who are granted a visa) to be charged the levy. It also expands the purposes of the levy to include funding the infrastructure for, and the operation of the immigration system, attraction of migrants, and funding the Immigration Advisers Authority. No immediate change as Migrant Levy is currently set in instructions.

Please discuss with staff to ensure they are familiar with the changes.