Character exception for qualifying Filipino dairy workers with earlier false visa evidence

Policy effect

Effective November 3, 2015, instruction WK1.11 permits a further Essential Skills work visa despite the A5.45(b) character requirement for qualifying Philippine nationals in New Zealand who previously supplied false, misleading or forged visa evidence. They must hold an Essential Skills work visa, or an interim visa based on that visa, have been granted an Essential Skills dairy-farm work visa before September 1, 2015, and be applying for another dairy-farm Essential Skills visa. They must not subsequently have withheld information or supplied further false information, and must meet all other Essential Skills visa criteria.

Conditions and exceptions

Validated condition or limit: Effective November 3, 2015, instruction WK1.11 permits a further Essential Skills work visa despite the A5.45(b) character requirement for qualifying Philippine nationals in New Zealand who previously supplied false, misleading or forged visa evidence.; They must hold an Essential Skills work visa, or an interim visa based on that visa, have been granted an Essential Skills dairy-farm work visa before September 1, 2015, and be applying for another dairy-farm Essential Skills visa.; They must not subsequently have withheld information or supplied further false information, and must meet all other Essential Skills visa criteria.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… e course. Changes to temporary entry instructions effective on and after 3 November 2015 WK1.11 Essential skills visas for Filipino dairy workers who have provided false documents A new section of immigration instructions has been added to Essential Skills work visa instructions. The new section applies only to Filipino dairy workers who have provided false documents with a previous visa application. It allows for the grant of an Essential Skills work visa to these workers despite normal character requirements, provided they have not subsequently provided false information or withheld relevant … information, and that they meet other Essential Skills criteria. 2 APPENDIX 1: AMENDED IMMIGRATION INSTRUCTIONS EFFECTIVE ON AND AFTER 3 NOVEMBER 2015 3 WK1.11 Essential skills visas for Filipino dairy workers who have provided false documents a. The intent of this section of Essential Skills instructions is: i. to recognise that the dairy industry is of particular importance to the New Zealand economy, particularly in regional and rural New Zealand; ii. to acknowledge significant levels of false and misleading information have been identified in previous work visa applications to work in the … dairy industry; and iii. to acknowledge that declining a large number of work visa applications for failing to meet the requirement to be of good character would have a detrimental effect on the dairy industry. b. These instructions apply to people who: i. are nationals of the Philippines; ii. are in New Zealand holding an Essential Skills work visa (or an interim visa based on holding an Essential Skills work visa at the time they made an application); iii. are subject to A5.45(b) as an immigration officer has established that, on the balance of probabilities, in the course of applying for a … New Zealand visa they provided any statement, information, evidence or submission that was false, misleading or forged; iv. were granted an Essential Skills work visa to work on a dairy farm before 1 September 2015; and v. are applying for a further Essential Skills work visa to work on a dairy farm. c. Despite the character requirement set out at A5.45(b) a person to whom (b) above applies may be granted an Essential Skills work visa if they: i. have not subsequently withheld information or provided further false information to INZ, in particular with regard to the application in which they … originally supplied false information; and ii. meet all other criteria for the grant of an Essential Skills visa. 4 … 4 November 2015 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2015/09 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached at Appendix 1. All immigration officers dealing with immigration applications should read the amendments and operate in accordance with the amended instructions on and after 3 November 2015. Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in du …

Review method

Two separate automated exact-claim source reviews

Other New Zealand changes operative in 2015

• 2015-03-27Standardized Definitions for Essential Skills Labour Market Test and Skill Level 5 Rule
• 2015-05-08Immigration Amendment Act (No. 2)
• 2015-08-06A designated person must not enter New Zealand or transit through New Zealand.
• 2015-11-01Entrepreneur Work Visa regional bonus increased from 20 to 40 points
• 2015-11-01Skilled Migrant Category Bonus Points Increase for Regional Employment Outside Auckland
• 2015-12-07Joint declaration permitted as partnership evidence for a partner included in a visitor visa application
• 2015-12-07Pathway Student Visa pilot launched for consecutive study programmes
• 2015-12-07Recognised Seasonal Employers required to provide access to lawful remittance services
• 2015-12-07Refugee Family Support Category sponsorship extended to qualifying Afghan interpreters and accompanying family
• 2015-12-07Student visa provision for multiple short-term English language programmes
• 2015-12-20Korea Working Holiday Scheme annual places increased from 1,800 to 3,000
• 2015-12-20Korea Working Holiday Scheme three-month limit with one employer removed
• 2015-12-20Republic of Korea added to the Primary Sector Trainees route with 50 places
• 2015-12-20Special work route introduced for qualifying Korean citizens in specified occupations