‘Why were we not included? This is not fair for people who found that studying was the best option to stay in NZ,’ one of nearly 300 PhD students denied the residency pathway asks. This is first in a series in which Indian Weekender looks at the categories that fell through the cracks of the ministry’s new policy.
On 30 September 2021, Immigration New Zealand (INZ) announced a One-Off 2021 Resident Visa for migrants in New Zealand, which could see about 1,65,000 migrants on a fast track to residency.
Most of the migrants have been delighted by the news and hoping to get their residence in New Zealand. According to the announcement, to be eligible for this visa, the applicants must be onshore on 29 September 2021 on an eligible visa or have applied for an eligible visa on or before 29 September 2021 that is later granted. Apart from that, the applicant needs to meet one of the following conditions.
Interestingly, student visa holders, as well as partnership based work visa holders, are not on the eligible visa list to apply for this pathway.
While this news has been a dream come true for many migrants, it has also caused stress, disappointment and anxiety among many migrants who are not eligible for this new visa. Many migrants are feeling abandoned and ignored as the new announcement overlooked many other visa categories, which is a large number of migrants based on different category visas in New Zealand. Many of them have spent years in the country, check one or all the boxes but do not still qualify because of the category of the visa they are on. Some have been in the country for years and have even held essential visas but just chose to upskill themselves during a pandemic or some went on partner visas to find more job opportunities and not get tied to an employer.
A petition, started by Rachel Swann, urging the Government to expand eligibility for the 2021 one-off resident visa to include those on student visas and partnership visas has so far been signed by some 19,500 people. “I started the petition due to waking up on the morning of the announcement and finding out that despite meeting the criteria we are not eligible for the one-off visa because our visa type is not included. (I am a partner of a PhD student). My partner switched his visa from essential skills to study his PhD in late 2020 and early 2021 I switched to a partner of a Student Visa for better opportunities. What we are asking for is simple, we want all visa holders to be eligible to apply for the one-off residency visa if they meet one of the criteria laid out.
These are skilled people who have contributed to the economy and society in New Zealand who have made choices to better themselves and have now been excluded as a result.”
Indian Weekender will publish a series of articles covering each of these categories who are currently not eligible for this one-off visa over the coming weeks.
We start with those migrants who are currently on a student visa to complete their PhD or Masters Qualification or qualification needed in industries such as healthcare. They are urging that students as well as their families are an essential part of New Zealand’s economy and should not be left out from this one-off resident scheme as they are contributing to the economy and community, especially during the pandemic.
One of them is Gaganjot Kaur, who is doing her PhD in Engineering, Computer & Mathematical Sciences. Calling this announcement “disappointing”, she says, “I am disappointed with this new announcement. It is an unjust and unwarranted treatment of PhD candidates. Sadly, I would have been eligible if I decided not to continue my study towards a PhD. In that case, I would have a post-study work visa and would have been eligible for this residency visa.
“But since I decided I want to get a PhD so that my future career in NZ is brighter, my choices have backfired for me and my family. The government quite often claims they welcome high-skilled migrant workers, and they want to improve the research reputation of the country by attracting more high degree employees, but what they are doing with PhD visas shows the very opposite. We do not deserve to receive exclusion.”
She further adds, “PhD students publish and present research papers in international conferences and journals where they represent the NZ universities, which helps in international academic ranking and recognition of universities of the country.”
More than 290 PhD holders have signed a petition addressed to the Immigration Minister, Mr Kris Faafoi, asking the government to have residence eligibility under new rules for those holding student visas to complete their PhD.
Another such story is that a student visa holder Is that of Jorge J. Castaño, who has been in NZ for almost five years. Sharing his story on the Facebook Migrants NZ group he wrote, “I share the same feeling of frustration and disappointment. I'm pretty sure all students have the same feeling. I came to study, then I worked for three years in Queenstown as office assistant and customer services, under an essential worker visa. In October 2020, I moved to Invercargill to study the Masters of Applied Management.
“[Having studied] so hard for one year, putting money into the economy, paying taxes, working even less than 20 hours because studying demands time, doing my best to build a life in NZ, and yesterday I woke up knowing that students were left off from this type of visa. I am finishing my masters, in four weeks I am submitting my research project and I am able to apply for the post study visa.
“Why we were not included? This is not fair for people who found that studying was the best option to stay in NZ. We are talented people that have been excluded, as students we are getting skills and knowledge to incentivise the economy and growth of NZ society.”
Raman, another immigrant, is regretting her decision to take up studies in the healthcare sector. “I came to NZ in 2015 on a student visa after that I got a three-year work visa, which finished in June 2021. But since that time I didn't have any job offer, I decided to study again and took admission in a healthcare course. Now immigration rules have changed and everyone is eligible who has a work visa and spent three years in NZ. That's unfair for someone like me who too studied to improve skills. We have already spent around six years in NZ.”
Even Immigration experts feel that it is indeed unfair to leave certain visa holder categories.
Immigration lawyer Aaran Hunt says, "We've seen so many people leave NZ so we're glad that a policy was finally released. However, it shows no evidence of the months of work the Minister suggests has gone into it. Obvious choices, such as partners who work in critical health, have been completely ignored.
“PhD students, a group we want to retain, are left out while those who completed lower level studies are included. Those caught offshore, due to the government closing the border, get punished again, including both post-study work visa holders and those who managed to return but now can't fulfil the 821-day requirement. This policy was either rushed out, or the Minister didn't seek the assistance of any immigration law expert. Likely both."
Sharing the same sentiment, immigration lawyer Aaron Martin says, “I do think it unfair that PhD student visa holders who have the authority to work full-time and those on the partnership visa are left out. More importantly, I think those who may have been here on a Specific Purpose Work visa should have been included. Many talented skilled individuals are holding that type of visa who could provide significant benefit to New Zealand and stuck with us through covid.
Indian Weekender reached out to Immigration Minister Hon Kris Faafoi’s office to get a comment on the issue. Just as this issue went into production, we received the following response from the Minister’s office:
“The eligibility criteria for the 2021 Residence Visa are designed to be broad and simple. It will be available to over 165,000 migrant workers, which represent a very large cross section of migrants. The criteria is focused on people whose primary purpose for being in New Zealand is to work. This provides certainty to the vast majority of migrant workers and businesses, and applies to settled, skilled and scarce migrant workers, reflecting their critical part in New Zealand’s economy.
“While student visa holders are not eligible for the 2021 Resident Visa, they are able to progress through the normal channels toward residency which will be open to them, if after graduation, they wish to continue to work and live in New Zealand. There are no plans to broaden the eligibility criteria for the 2021 Residence Visa as the normal channels are still available for students who want to remain in New Zealand after they complete their studies.
“The purpose of the 2021 Residence Visa is to provide certainty for migrant workers and businesses who have been playing a critical role in supporting our economy while the border remains closed. Policy work in the future will consider the aspirations of those people offshore who are wanting to make New Zealand home, when we are able to begin safely reducing our border restrictions.”