Suspension extended on temp visas being processed offshore

An image of a work visa application form

Families split apart because of New Zealand’s border restrictions are facing at least a third year apart, as the Government extends the suspension on temporary visas being processed offshore from February next year to August.

The suspension was first implemented in August 2020 as it became clear the Covid pandemic would see New Zealand’s borders remain shut for some time to all but citizens, residents and their partners or dependants.

1News on Tuesday was alerted to the news of the extension which is understood to have been posted on the Immigration New Zealand (INZ) website just this week.

“The Government has extended the suspension until at least until 5 August 2022. The suspension can be lifted if the border restrictions change,” INZ writes.

The date of when the suspension could lift falls beyond New Zealand’s tentative reopening to foreign nationals who are fully vaccinated in April next year.

Pooja Sundar, an immigration lawyer with D&S Law, says this will come as a disappointment to these families who were hoping a reunion with their loved ones could happen early in 2022.

“It’s unclear how the minister continues to justify the separation of families given New Zealand’s international obligations and the new management strategies in place for the Covid-19 pandemic,” she said.

The Green Party immigration spokesman, Ricardo Menéndez March, says this will shut out those who come from non-visa-waiver countries – countries where even a visit in pre-Covid times needed a visitor visa.

“Reopening our borders to overseas arrival while keeping split families apart is cruel, and a massive oversight as part of our reopening of borders,” he said. “We are entrenching global inequities by potentially enabling people from visa waiver countries such as the UK to enter as tourists, but preventing families from non-visa waiver countries such as India from being united.”

He says it’s important for the Government to also consider opening up a pathway for migrant families who have spent years split apart as a result of these restrictions – as well as those who have been stuck offshore and whose visas have since expired.

Data from the Ministry of Business Innovation and Employment shows that as the pandemic hit in 2020 - more than 300,000 people on temporary working visas were living in New Zealand – many filling vital roles in areas that face chronic staffing shortages.

Menéndez March says while there are exemptions that see some family members able to arrive, even under our current border restrictions, these are in the minority.

A judicial review of this suspension on processing offshore visas, alongside the cancellation of a number of visa applications, is expected to take place in the High Court at Auckland on December 8.

The case is being taken on behalf of Auckland University Professor Michael Whitbrock, who hasn’t seen his Chinese partner since January last year. Their initial application was declined on the basis that INZ did not recognise their partnership. This decision was later overturned – but by this point the suspension on offshore visas had come into effect.

It’s hoped if the review is successful it could help the couple finally be reunited – and pave the way to seeing more couples and families be with their loved ones sooner rather than later.

A spokesman for the Immigration Minister says the suspension was being reviewed regularly and this was just a rollover of the previous extensions.

He says while it had been extended till at least August work on Reconnecting New Zealand was ongoing – and the suspension could be reviewed before that date.

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