Case Study of Shift Management in Mcdonalds - PowerPoint

							Exploring Current Policy and
 Changes to Those Policies


                   Richard Howard
   Managing Director – Pathways to New Zealand Ltd
                 Chairman – NZAMI
Practical pointers on how to present
         better applications

  There is only one way to do this

      Get it right first time!!!
    Some immigration adages…

• Immigration is like a box of chocolates –
  you never know what you are going to get!

• Immigration work is an inexact science and
  you will be surprised at how inexact it can be
  at times…
              Policy issues

• SMC policy interpretation & application

• SMC work-to-residence outcomes

• Graduate student policy
       SMC policy interpretation:
             Main issues
• The interpretation and application of what
  constitutes “skilled employment”

• The inconsistent application and decision
  making in this area which generates confusion
      SMC policy interpretation:
            Main issues
• Where do you find Assistant Manager (of anything)
  in ANZSCO?
• The position of Assistant Herd Manager in the ISSL
  is accorded the same ANZSCO classification as Herd
  Manager
• What are the chances of a successful SMC
  residence based on an Assistant Herd Manager’s
  job?
      SMC policy interpretation:
            Case study
SMC Policy - Employment must be ongoing and
sustainable. Ongoing and sustainable employment is:
  –   an offer of employment or current employment with a
      single employer and permanent, or indefinite, or for a
      stated term of at least twelve months with an option
      for the employee of further terms, and of which the
      employer is in a position to meet the terms specified
       SMC policy interpretation:
             Case study

• Client has 2 year employment
  agreement
• Employer confirmed in writing
  opportunity for renewal
• All current employees on 2 year
  contracts, and all have had
  contracts extended
     SMC policy interpretation:
           Case study

INZ declined application at EOI stage –
Necessary for employment agreement to
  have further terms
Policy requirement not met
      SMC policy interpretation:
            Case study
• 1st Response:
   – Restructured employment agreement to one of
     2x 12 month terms


• Declined by INZ
   – Policy wording is for “further terms”
   – One additional term does not meet policy
      SMC policy interpretation:
            Case study
• 2nd Response:
  – Restructured employment agreement to 12m +
    6m + 6m


• Declined by INZ
  – Policy reference to “further terms” means further
    terms of 12 months
       SMC policy interpretation:
             Case study
But…
• Policy states:
     – “term of at least twelve months with an option
       for the employee of further terms”
If the policy intent was for further terms of 12 months then
    why did the policy not say this!!
             Responses to SMC
• SMC needs to be more flexible and responsive

• Agreement that:
  – EOI/SMC policy and process is a sound, well based
    and sustainable business model
  – It’s ‘simplicity’ provides a market advantage over many of
    our competitors immigration regimes
               Responses to SMC
Is skilled employment the only foundation of
successful settlement in NZ?

Does SMC create a false expectation of settlement
security, in today’s recessionary environment?

It is important to ensure that new migrants
have realistic expectations
             Responses to SMC
• Need to refocus emphasis of SMC points to
  deliver effective outcomes for migrants in the
  current environment

• Suggestion to place greater emphasis
  on applicants who have:
   – the ability to be financially self supportive
   – immediate family in NZ
            Responses to SMC

Adjusting SMC points allocation would result
in selection of applicants who are better
equipped to settle in NZ at this time
              Responses to SMC
• How about…?

  – 50 points for the transfer of $500,000 in settlement funds
  – 30 points for the transfer of$300,000 in settlement funds

  – Increase the close family support points from 10 to 20
    points and allow another 10 points for additional family
    members (to a maximum total of 40 points?)
             Responses to SMC:
                Case study

•   Client aged 38 years old
•   Recognised qualification
•   10 years work experience
•   $500,000 funds
                Responses to SMC:
                   Case study
According to proposed system, client would score:

   Points          Criteria
   25              age
   50              qualification
   30              work experience
   50              $500,000
   155 points
                      SMC
                Work to Residence
• The good news:
   – After 1-2 years, and considerable expense – your application has
     been approved for…a work-to-residence visa

• The bad news :
   – 3 months to apply for work visa
   – 3 months to travel to NZ
   – 9 months to get skilled employment… if unsuccessful then your
     residence will be declined

• Think of the uncertainty and the family considerations
  involved
               SMC
         Work to Residence

What happens when a migrant doesn’t
secure a skilled employment offer?
                   SMC
             Work to Residence
• Applicants without skilled employment must satisfy
  INZ as to their ability to immediately and
  successfully settle in NZ

• INZ considers:
   – Employment prospects
   – Familiarity with New Zealand
   – Linkages and support in NZ
                Important!
• Advisers must be proactive and constructive in
  their efforts to prepare their clients for the
  critical settlement interview and assessment
  process
             Work to Residence:
                Case study
• Chinese applicant
• Multiple bachelor degrees in China
• Worked 10+ years as Science teacher
• Completed 1 year Master of Education
  degree at University of Waikato
• Lived in NZ 1 year
• Master of Education degree is NOT a
  teaching degree
             Work to Residence:
                Case study
• While in New Zealand the client:

   – Made friends and other local contacts
   – Spent time in local schools – observing class room
     behaviours and teaching methods
   – Travelled around NZ
               Case study:
          Applying for residency
• To demonstrate her ability to settle the
  client included:

   – Research on job prospects
   – Support letters from lecturers, associates and
     NZ-based friends
   – Evidence of class mates with same Masters degree,
     who were issued WTR visas, secured skilled
     employment, and later issued residence permits
             Case study:
        Applying for residency
Result… received WTR

• If client had completed her Masters degree in
  2 years she would have been issued
  residence directly!
           Case study:
      Applying for residency

Evidence of significant disparity and
inconsistency between INZ Branches in
assessing SMC settlement outcomes
         Work to Residence:
          Policy Responses

What actually constitutes successful
settlement outcomes in the current
environment?
              Work to Residence:
               Policy Responses
The following applicants should be considered as
being able to immediately and successfully settle in
New Zealand:

   – Those able to claim points for close family support in NZ
   – those who hold a (any) recognised NZ qualification
   – those who can transfer funds (say $500,000) to NZ
     to support their settlement
   – those who have visited NZ and spent more than 3 months
     in the country prior to their residence decision?
         Work to Residence:
          Policy Responses
Where is the problem in allowing these
“successful” applicants in taking up
employment which does not meet skilled
employment policy?
         Work to Residence:
          Policy Responses
When…

They have already met the points
requirement to be approved for residence!!!

They are already considered desirable migrants
                Study to Residence
• The graduate work policies are simple and successful

• Provides students with acceptable qualifications an
  appropriate pathway into the workforce

• Fee paying international students make a significant
  economic and cultural contribution to New Zealand
   – Contributing to tourism
   – Financial contribution to all sectors of NZ
                Study to Residence

To gain permanent residency, most students require
an offer of “skilled employment”

Despite international students being suitable migrants,
who are/have:
   –   NZ qualified
   –   Young
   –   Good English
   –   Well settled in New Zealand
            Study to Residence

Why don’t we make it easier for international
students to gain residency on completion of
their studies?
            Study to Residence:
              Policy Responses
• More flexible employment requirement for
  graduate international students to gain residence?

   – For example: Their employment is to be relevant
     to their New Zealand qualification… BUT not
     necessarily skilled
             Study to Residence:
                 Case study

• International student
• Graduated with Bachelor of
  Management Studies (Business degree)
            Study to Residence:
                Case study
• Initially, gets graduate job search work permit
• Secures job as Shift Manager, at McDonalds

• Seeks advice…
   – Can get 2 year graduate work permit
   – Can not get residence
         Study to Residence:
             Case study

How to get residence?

Must be THE MANAGER!
          Study to Residence:
           Policy Responses

Are the timeframes realistic?

How long would it take an NZ graduate to
become a manager in commercial world?
          Study to Residence:
            Policy Responses

Graduates are forced to consider alternative
and less productive employment options to
  enhance their residence prospects
          Study to Residence:
            Policy Responses

Who is the real loser when NZ cannot
find a way to keep NZ qualified international
Students in the country?
                  Conclusion
Generally, immigration policies are well
based and sound

More effort is needed by Government to address
 policy anomalies and fine tune policy areas
               Conclusion
• Remember…

• We are all working towards the same
• objective!