LaurentLore Corporate Edition
October 2014
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In This Issue
A 'minor' driving conviction could lead to deportation!
A Skilled Employee - or not?
Immigration Statistics
Small Canadian Towns Hoping to Attract New Immigrants
Computer Hint
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 "Even if a client with a critical issue with immigration matters approaches at the last minute, the team at Laurent Law rendered good support to assist the client."



"We would like to acclaim the service of Laurent Law Team, especially Stephan du Plessis, who worked with our case and greatly supported us during the process. We came to your consultancy for a work visa based partnership with a student visa holder. Even though we were a little doubtful from the beginning that the process would not go smoothly, we are now very pleased that we have achieved what we asked for, without any hassle just as you told us. Now we are convinced that you are very good at what you do. We hope that you keep up the good business in the future. Thank you for your service and for spending your time with us."

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This, our Corporate newsletter provides information about immigration which we consider to be relevant to Corporates and Employers. We also produce a separate 'business' newsletter focusing on entrepreneurs and investors, and a 'migrant' newsletter offering advice to prospective and recent migrants to NZ.

You can subscribe to our law firm blog or newsletters to hear up-to-date commentary on trends in the immigration field.
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Yours sincerely
Bill Milnes
Laurent Law Barristers & Solicitors
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Your comments would be appreciated - including questions which you would like answered directly or in a future instalment.
A 'minor' driving conviction could lead to deportation!

Do you employ anyone who is on a work visa, or who was granted residence less than 2 years ago?

Do you need some information to support your in-house drink-drive policies? Perhaps this will assist.

Anyone on a temporary visa, or who was granted residence less than 2 years before the event, and is convicted of driving under the influence of drugs or alcohol (DUI), automatically becomes liable for deportation. Yes, even if they hold a NZ Resident Visa. This applies not only to DUI, but to any conviction where the court could impose jail time of no less than three months. That is, it doesn't matter if they actually got away with a fine - it is the maximum which the Court may impose which is the key factor.

Further, any resident hoping to apply for a Permanent Resident visa is blocked from doing so, becomes liable for deportation and can at best only apply for further restricted travel conditions. The remedy is a formal request to the Minister of Immigration to grant a Special Direction. As a Ministerial request will take several months, during which the liability for deportation remains in force, it is also necessary to appeal against deportation on humanitarian grounds. The costs involved will make any court fine seem like small change!

Read More




A Skilled Employee - or not?

Perhaps a growing cynicism comes with age, but it seems to me that government's fixation on short-term economic gain is reflected [in immigration matters], as actively marketing NZ as a quality study destination, where qualifications which meet immigration criteria can lead to residence.

But, the marketing push omits to advise that graduates of many of the government regulated and moderated courses will be denied residence on the basis that although the qualification is recognised, there are very few jobs relevant to the more popular qualifications which INZ will accept as being skilled.

Consequently, keen young international graduates, of courses established by government agencies, find themselves, after several years of studies and in some cases 100s of 1000s of dollars of student fees, unable to meet the ever-changing reinterpretations of what constitutes 'skilled employment'.

A recent example brought to us was for a young man with 5 years of NZ studies and 5 years of relevant experience as a Manager of an Auckland supermarket with 12 staff, was deemed by INZ to not be a Retail Manager because:

  • in the opinion of the case officer, because his Auckland supermarket is part of a franchise, even the in-store activities such as recruitment must be managed by the Christchurch based franchisor
  • he does not carry out store design and staff uniform design,
  • he is not writing marketing plans and policies

These sweeping generalisations show a disappointing ignorance of the NZ retail industry and a strong bias against franchises of all types. We were keen to appeal the decision, but unfortunately the applicant was so shattered by the INZ attitude, that he has found alternative employment and another good employer is left with a store without a Manager; a store which will never be able to employ any migrant wishing to proceed to residence.

Other positions, apparently on the current hit list by INZ include Restaurant Managers, Chefs and Cooks. And franchises should not even think of employing migrants needing an offer of skilled employment, because, in the words of the above INZ officer, 'we do not accept the claims that the operations of a local supermarket deviate from those of any other [fast food] franchise establishment'. Read More


Immigration Statistics


The growth in skilled vacancies in August was driven by increases in the information technology (up 3.3 per cent), accounting, HR, legal and administration (up 0.9 per cent) and healthcare and medical (up 0.9 per cent) industries.

  • Over the past year, the trend in skilled vacancies increased by 11.6 per cent, while all vacancies increased by 11.1 per cent.
  • Skilled vacancies increased in all regions over the year. The biggest increases were in the Otago/Southland (up 27.7 per cent), Nelson/Marlborough/West Coast (up 22.7 per cent) and Gisborne/Hawke's Bay (up 14.5 per cent) regions.
  • The net inflow of migrants hit a record 43,500 in the year ended August, boosting the population by nearly 1 per cent. Arrivals up and departures down. Which shows we know a good place to be.




Small Canadian Towns Hoping to Attract New Immigrants


Is there a similar opportunity for NZ's rural towns?

A growing number of rural communities in Canada are hoping to attract newcomers to the country, citing a need to reverse dwindling population trends, strengthen local economies, and address labour shortages.

In recent years, only five per cent of residents in small towns have been immigrants. Some small rural communities, however, are hopeful of reversing this trend by identifying the immigrants they wish to attract based on local labour market needs. By consulting with local employers and promoting candidates for immigration and planning strategies both from an economic and community point of view. Read More

Computer Hint


Adobe now facilitates filling in pdf forms.

To enter text into a pdf, e.g. a downloaded form or document received as a pdf:

  • Download, Save as.
  • Click on Fill & Sign at top RH of tool bar
  • Add text, go to field, and insert cursor at left of text box and type.

Check marks work, Signatures require Adobe Echosign

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