REASON FOR THE REVIEW

1. The Minister of Immigration has agreed to a review of immigration policies that religious workers use to enter and work in New Zealand. The aim of the review is to ensure that:
   1. visa pathways are relevant and appropriate to the needs of New Zealand and its religious communities
   2. problems identified with current policies and potential risks are well managed.
2. The Department of Labour (the Department) now seeks your views on four key areas:
   1. a policy objective for facilitating the entry of religious workers
   2. a temporary entry visa option
   3. a residence visa option
   4. how partners and dependent children of religious workers on temporary visas should be treated
3. A feedback form is attached for your responses.

INFORMATION ABOUT THE CURRENT POLICIES

4. There are currently three temporary entry policies available for religious workers:

1. Ministers of Religion, Missionaries or Members of Religious Orders (Ministers of Religion Policy) - Short-term engagements

5. Work visas that authorise a permit for the length of the appointment, up to a maximum of 12 months, may be issued for a short-term appointment or exchange to:
   1. give instruction in religious studies
   2. conduct lectures or seminars
   3. carry out speaking engagements.

2. Ministers of Religion - Long-term engagements

6. People coming to New Zealand to undertake religious work or training within a New Zealand religious community may be issued with work visas authorising a permit for the length of their appointment or assignment up to a maximum of three years. It can be extended for a further year.

3. Specific Purpose or Event Policy

7. Under the Specific Purpose or Event Policy applicants can come to New Zealand for a specific purpose or event. There is a provision that covers pastors and lay missionaries who have a written guarantee of accommodation, maintenance and repatriation from a sponsoring body.

Identified problems with the current policies

8. The Department has identified four key problems with the current policies:
   1. the policy objective is unclear
   2. the temporary entry policy is open to fraud and abuse
   3. there is no clear pathway to residence
   4. the policy for partners and dependents of religious workers on temporary visas could be strengthened.

DISCUSSION OF OPTIONS

9. The Department has concerns about the current policies available to religious workers. These concerns relate to the risk of fraud among the policies. The potential of fraud may undermine the integrity of the immigration system.
10. It is important to note that any new policy introduced would need to balance the needs of religious communities with the integrity of the immigration system.
11. This document discusses possible options for a new policy for religious workers, and these are set out below. The Department seeks your feedback on these options.

The objective of a religious workers policy

12. The Department thinks that an objective for any proposed religious workers policy is necessary. A clear objective for the policy would provide clarity for those wishing to apply for entry and work in New Zealand as religious workers. The objective could be to:
    1. provide New Zealand communities with the opportunity to practice and advance their religious beliefs
    2. support the settlement of migrants and contribute to a harmonious New Zealand society
    3. maintain the integrity of the immigration system through clear guidelines for applicants to enter and undertake genuine religious work in New Zealand.

Temporary Entry Class Visa for religious workers

13. The Department thinks a new temporary entry visa for religious workers (to replace the existing three policies) could help religious communities to meet short-term needs. For example, a specialist religious leader may come to New Zealand to provide sermons to a congregation or translate a religious document. Possible options for a temporary entry visa are set out below.

1. Religious workers should be sponsored by a religious organisation

14. A religious worker should be sponsored by a religious organisation to ensure they are provided for while in New Zealand. The organisation would be subject to normal sponsorship obligations under other immigration policies. The submissions the Department has received state that sponsorship should be a criterion. Sponsorship Policy requires a sponsor to ensure the person’s:
    1. accommodation
    2. maintenance; and
    3. repatriation or costs of deportation.
15. Due to the complexity of the list of recognised religions and denominations of religions in the Immigration Operational Manual, the list could also be repealed. Instead of requiring organisations to register on a list, the Department thinks that religious organisations that wish to sponsor religious workers could be charities registered with the Charities Commission.
16. Being a registered charity would provide the public with a degree of confidence that an organisation was undertaking activities that are both charitable and in the public interest. It would also be evidence that the organisation is in a sound financial position, and able to meet its sponsorship obligations.

2. Religious workers should have to fulfil a religious work purpose

17. The Department thinks the temporary entry visa should be for religious work only (this would require ‘religious work’ to be defined). If religious workers wish to undertake temporary non-religious work, they should apply under the Essential Skills Policy. Under that policy, a labour market check would be applied to ensure New Zealanders are not displaced. If people want to undertake full-time study, Student Policy would be more appropriate.

3. The length of the temporary entry class visa should be limited

18. The Department thinks the temporary entry class visa should be limited. The period could be, for example, a maximum two year visa renewable once only, for up to another two years. A limit would prevent the long-term stay of people who are unable to meet the residence criteria, if residence is offered. This would help prevent people who could only stay in New Zealand temporarily becoming well-settled.

4. Evidence of training or experience from the religious worker

19. The Department thinks the religious worker should be required to show evidence of their religious training or work experience. Evidence would show that the religious worker has skills and experience to offer the religious community and that they would be competent in their job. Evidence could include educational qualifications and employment references.

5. Evidence from the religious organisation that they have tried to find a religious worker within New Zealand

20. The Department thinks the religious organisation should be required to provide evidence to Immigration New Zealand of the efforts that have been undertaken to find a religious worker within New Zealand. This would show the genuine need for a religious worker from outside New Zealand and ensure New Zealanders are not displaced.

Residence Visa for religious workers

21. Currently, there is no pathway to residence for religious workers. If a residence pathway is developed, the Department considers that it should be reserved for people who will make a positive contribution and commitment to New Zealand, and to their religious community over the long-term.
22. A residence pathway would also need to ensure the Crown does not incur potential costs to the health and welfare system. This is consistent with the Government’s approach to any new immigration policies.
23. Any proposed residence pathway should have criteria similar to that of the temporary visa, with some additional criteria due to the nature of being granted residence. In addition to the temporary entry visa criteria, for a religious worker to be eligible for residence the following criteria could apply.

1. The religious worker should have spent time on a temporary entry visa

24. The Department thinks to be eligible for residence, the religious worker should have spent some time on a temporary visa. This demonstrates that the religious worker is familiar with New Zealand and has contributed to their religious community. For example, the time spent on a temporary entry visa could be two, three or fours years.

2. The religious organisation should have to show why the religious worker is needed long-term

25. The Department would want to know why the long-term need for a religious worker cannot be met from within New Zealand. Evidence would need to demonstrate the commitment and contribution of a religious worker to the religious community.

3. The religious worker should be required to demonstrate some level of English

26. The Longitudinal Immigration Survey: New Zealand shows migrants have wider access to social networks if they have good English language skills. English language would also allow the worker to contribute to the wider New Zealand community in the long-term.
27. The Department thinks religious workers who do not have an English speaking background could be required to meet a specified level of English, according to the International English Language Testing System (IELTS). SMC requires IELTS 6.5. The Department is interested in what religious communities consider to be an appropriate level.

4. There should be an age limit for eligibility for residency

28. The Department thinks residence could be restricted to applicants above a particular age. This would help avoid healthcare and welfare assistance costs on the Crown. An age limit could be for example, 45, 50 or 55 years old.

5. Conditions on residence visa

29. The Department thinks conditions could be imposed on any residence visa for religious workers. These conditions will help manage immigration fraud and uphold the integrity of the policy. Under the Immigration Act 2009, conditions can be in place for up to five years. Conditions could include for example:
    • sponsorship by a religious organisation for a period of time, and
    • continuing to work for the sponsoring organisation for a period of time.
30. The condition for the religious worker to remain sponsored could be appropriate because religious workers applying for residence would not be required to meet a minimum income threshold and, therefore, may have limited means to support themselves and their families. The condition to work for the sponsoring organisation for a period of time would also ensure the religious worker commits to the religious organisation.

Policy for partners and dependent children under temporary entry visa

1. Open work visa for partners

31. The Department thinks partners of religious workers on a temporary entry visa could continue to be granted an open work visa. This is consistent with other immigration work policies and is currently the status quo.

2. Student visa for dependents

32. The Department thinks dependants of religious workers could be granted a student visa if they are studying full-time. This is current practice. In addition, to ensure the welfare of dependents, an income requirement as set under Essential Skills Policy (NZ$33,675) could be a requirement. If the income requirement is not met, then the sponsoring religious organisation would have to meet the welfare requirements for dependents of religious workers.
33. The income requirement or sponsorship would ensure a basic standard of living for temporary migrant families while they are in New Zealand. Temporary migrants are not eligible for government benefits, unlike residents who are eligible for standard benefits after two years.