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Policy ignores code for migrant employment

The methodology adopted by Immigration New Zealand (INZ) in determining whether an applicant’s job is skilled in terms of Skilled Migrant Category (SMC) policy has become a major issue of contention.

Immigration policy requires an applicant to demonstrate that their employment requires considerable specialist, technical or management expertise.

At issue is how one determines whether a job requires considerable specialist, technical or management expertise.

Immigration policy instructions state that every occupational classification code listed in Appendix 6 of the Immigration Manual is to be considered as skilled occupation in terms of Skilled Migrant Policy.

The Codes

The occupational classification codes found in Appendix 6 relate to the codes found in the Australia New Zealand Standard of Classifications (ANZSCO).

It is my belief that if an occupation is listed in Appendix 6, any employment that INZ assesses should be properly and appropriately determined to be employment in that occupation; then the job should be treated as skilled employment.

However, the reality is often otherwise.

Immigration officers will often advise that although an applicant’s employment is in an occupation found in Appendix 6, they are not satisfied that the substance of the job requires ‘specialist, technical or management expertise’.

However, it is clear from immigration policy that the only way for determining whether a job requires considerable specialist, technical or management expertise is to determine whether that employment (or offer of employment) is correctly classified as being in an occupation listed in Appendix 6.

The correct process

Therefore, if an applicant for residence under Skilled Migrant Category policy is determined to be employed in an occupation that is listed in Appendix 6, then, it is, in my opinion, INZ must confirm that the applicant is employed in a skilled occupation and award the applicant the requisite points.

I believe the correct process for determining whether a skilled migrant applicant’s employment is in a skilled occupation can be summarised as follows:

Step One: Determine the most appropriate ANZSCO classification code for the applicant’s job. It is important to note that the ANZSCO is a list of occupations and not a list of job titles. While all ANZSCO listed occupations can also be job titles, not all job titles are listed as ANZSCO occupations.

Step Two: Is the applicant’s actual job title listed as an occupation in the ANZSCO?

If yes, then should not INZ determine whether the applicant’s job description is commensurate with the ANZSCO list of tasks and duties for that occupation? If yes, then that occupation is probably the most relevant and appropriate occupation classification code for describing the applicant’s employment.

If no, then it is necessary to search the ANZSCO for the occupation classifications that are relevant to the applicant’s job description.

This assessment could result in several occupation classification codes being identified as possible contenders.

Once those occupation classifications have been identified, it would then be necessary to assess the applicant’s job description against the list of tasks and duties for the identified ANZSCO classifications in order to determine which is the most relevant and/or appropriate occupation classification code to select.

Step Three: Having determined the most appropriate ANZSCO occupation classification code, is it not necessary to determine whether that code is on the list of occupations in Appendix 6.

If yes, then in my opinion, in terms of Skilled Migrant Category policy, the applicant must be assessed as being employed in a skilled occupation.

However, it is not sufficient merely to have a job description that meets the expectations of the policy; the applicant must be actually performing a majority of those generic tasks and duties.

If no, then the applicant is not considered to be employed in skilled employment.

INZ is also required to take into account the following instructions when assessing job descriptions against ANZSCO:

As all applications would be different, it is important to assess an application in its entirety and not always take a rigid approach when assessing an offer of (or current) employment against skilled employment policy.

ANZSCO was designed as a statistical analysis classification device for every occupation in Australia and New Zealand. Since it is a broad statistical tool, any classifications under it are general rather than specific.

ANZSCO classifies occupations not specific jobs or job titles.

Just a guide

Thus, as clearly stated in ANZSCO, it is intended as a guide only.

What is required is that the actual set of tasks and duties of a person’s job description be largely similar or equivalent to the generic tasks and duties described in ANZSCO.

ANZSCO confirms that in order for a job to be classified in a particular occupation, it is not necessary that a person’s job description must contain every task and duty listed in the generic job description.

Unfortunately, my experience is that many immigration officers often ignore their own internal operating instructions and ignore the fact that the ANZSCO is intended as a guide only.

The Government Statistician has regulatory authority for ANZSCO.

He has confirmed in writing that TDA’s methodology was the appropriate way for determining a person’s ANZSCO occupation classification.

Tuariki Delamere is a former Minister of Immigration and the principal consultant of TDA Immigration and Student Services Limited.

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