Law Firm specialising in Immigration Law and related Administrative Law matters. We are a specialist immigration law firm, based in Auckland, New Zealand.
We are a team of lawyers specialising in New Zealand Immigration. As lawyers we have training and expertise in the laws, policies, rules and regulations relating to New Zealand Immigration. Our team of specialised Immigration Lawyers have a high level of expertise that only comes from working exclusively with New Zealand Immigration Law. With over 20 year's experience in all aspects of Immigration Law, founder of the firm, Mr Alastair McClymont, has the skill and expertise to oversee all the work undertaken by the firm.
Operating as usual
Alastair McClymont discussing the sacking of Immigration Minister Iain Lees-Galloway on Indian Weekender today
#Live | Indian Weekender speaks with Immigration lawyer, Alastair McClymont on Immigration Minister
#Watch | The Indian Weekender speaks with Immigration lawyer, Alastair McClymont on disgraced Minister Iain Lees-Galloway's dismissal on the charge of "inappropriate behaviour" #IWK #ImmigrationMinister #Immigration
You may have noticed that the government announced that work visas will be extended by six months.
The media reported this as being a good news story for migrants.
Of course what they didn’t notice was that the extension doesn’t apply to Open Work Visa holders.
So remember, several years ago graduates that were on employer specific work visas were given the right to transfer to open Work Visas. This supposedly protected them against exploitation.
Most people took this opportunity.
Now, those same people have been left out of the visa extensions, because they are on Open Work Visas.
If you go back and read the government’s policy documents you will see that they do not want students to have a pathway to residency, yet they are happy to continue promoting study in NZ as a pathway to residency.
Exploitation is all about the mistreatment of migrants for the sake of money.
The government need not look any further than their own policies to see who the biggest exploiter of migrants in NZ is.
Some pretty major developments today for Work Visa holders. These apply ONLY to those in New Zealand and ONLY those on employer assisted work visas.
Automatic extensions to all those whose Work Visas expire before the end of 2020.
ANZSCO requirements for Work Visas will be gone by 27th July.
Low skill Work Visas will be 6 months only, and not 12 months.
The Minister of Immigration announced a week ago that people in “relationship based visas” would now have the opportunity to obtain travel exemptions.
INZ however will only give travel exemptions to those on partnership visas.
If a couple are in separate countries INZ deem them not to be “living together”, so will not grant a Partnership visa and instead grant a General Visitors Visa on the basis that the relationship is genuine and stable, but they are not meeting the “partnership definition”.
So when the Minister of Immigration told media that people in relationship based visas would get travel exemptions he was, quite simply, lying.
Have the media challenged him on this ?
Migrant workers and Alastair McClymont being interviewed by the Washington Post, highlighting the governments mistreatment of their migrant workers.
washingtonpost.com The win against the virus came at a cost.
Time for an amnesty
WE NEED AN AMNESTY. Before the lockdown INZ were crumbling under the weight of visa backlogs, staff shortages, and policy, unfair processes and a lack of imagination, foresight or competency.
After the lockdown, we can multiple those failings tenfold.
There is now only one solution: Wipe the slate clean, and solve the problems on one quick swipe.
A General Amnesty. Work Visa holders and overstayers with staggered residency and basic criteria, like having a job, paying tax and obeying the law.
- clear the backlog
- simplify the process
- wipe out exploitation
- stagger approvals to incentivize need. Regions and key industries targeted first
- encourage investment from new residents
- enable employers to retain skills needed for the rebuild
- experienced and skilled visa holders able to train kiwis
All we need is leadership. Someone transformational, with some common sense, but also compassion and empathy.
That politician can also put in the bank a generation of grateful new voters.
Alastair McClymont on Newshub tonight continuing to fight to have travel exemptions opened for work visa holders stuck overseas
newshub.co.nz Ardern's promised action after officials only gave 60 words to explain their ties here.
Amazing office space !!
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Catch him live at Multicultural Youth Association of Canterbury on 28th May 8PM (NZST) #Immigrationtalk #livestream
immigration.co.nz Regular immigration news, updates, trends and issues. Information about life in New Zealand and Australia, immigration policies and rules.
Some serious meainstream media emerging now on the plight of Work Visa holders being denied entry back home to NZ
rnz.co.nz Thousands of New Zealand visa holders are being denied entry back in New Zealand. Of the 10,733 applications for an exception to the border closure have been made to Immigration New Zealand, only 1685 have been approved.
For all those stuck outside NZ on valid work visas the Immigration Minister appears to have made his position pretty clear: it’s not his problem, it’s your problem.
The government appears to be happy to force workers out of their jobs, have their homes and possessions left in someone else’s hands, families separated and employers left without the skilled and experienced staff they need to rebuild the economy.
If this is to be the government’s position, and this is the strongest indicator so far that it will be, then this will demonstrate once and for all that Jacinda Ardern’s government of compassion and empathy doesn’t apply to foreigners.
stuff.co.nz Migrants on work visas stranded overseas cannot expect to return to New Zealand any time soon, or if at all.
I noticed yesterday that the Prime Mimister Jacinda Ardern is at least aware that there are very large numbers of work
Visa holders stranded overseas. She noted that there was a significant difference between those who had already been living in NZ and those who had yet to travel.
This is good news, she’s aware of it, which means that if she continues to ignore it, then the media will demand answers.
newsroom.co.nz Thousands of migrants found themselves locked out of the country and unable to get back in. We have been increasingly unwilling to listen to them.
This is simply absurd.
It is as clear as day that Jacinda no longer needs Winston Peters, Shane Jones and their disgusting racist xenophobia.
So why is she not taking leadership and distancing himself from them?
This is her opportunity to be a real world leader. Jacinda, your move....
newshub.co.nz National MPs will be itching to roll Simon Bridges who has tanked.
Most enquires at the moment are from temporary visa holders stuck overseas.
Labour MP Priyanca Radhakrishan was asked the question directly on Radio Spice but could not answer, and changed the subject.
So either the government hasn’t decided yet, or the Minister hasn’t advised the only Indian origin Labour MP or the decision will be bad and Priyanca is dodging.
So we still have to wait and see...
The doubling of the refugee quota while a good thing, is also a publicity stunt to appeal to the Labour and Green voting base who like to feel like good world citizens and pat themselves on the back while ignoring the gross mistreatment of migrant workers who have worked hard to build New Zealand already, raised families here, paid their taxes, contributed to the community and now being told by the Deputy PM they should go home.
tvnz.co.nz "It sends a clear message to refugees that they, and their families, are welcome in Aotearoa."
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Please also note that Ramya Sathiyanathan is no longer employed at McClymont & Associates so I am now looking after all files and clients previously handled by Ramya.
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Alastair McClymont talking about current Immigration issues on Apna TV
Richard Kumar and Alastair McClymont talk about the impact on immigrants and international students due to COVID-19.
This week a Parliament Select Committee heard submissions on the Covid19 Immigration Amendment Bill.
It is easy to access video of the hearing and of course every Immigration Advisor in the country is putting posts and videos just repeating what the bill says, but without any analysis. So I would like to give my opinion.
Submissions from business in NZ is that they need migrants to work. And they need flexibility in the ability of migrants to work.
David Seymour, ACT MP for Epsom made the point repeatedly, and one I agree with entirely, that economic recovery is not possible without migration. They go hand in hand.
Business NZ made the point that just because we have 300,000 new unemployed, does not mean that we have 300,000 kiwis willing and able to work. But migrants are willing and able to work.
Representatives from the legal profession made the point that the Bill must declare what its purpose is. If it is to benefit migrants as the government claims, then it should say so. And if the Minister is able to make Special Directions for whole classes of people, he should be required to give reasons. I agree with that.
As always, Anu Kaloti from the Migrant Workers Association spoke passionately on behalf of migrant workers and the fears that they have about their future. She urged that something be done for visa holders offshore, for the delays in residence processing and for the opening of conditions on Work Visas.
It is clear that the government and INZ officials believe that this bill is designed to help migrants currently working in New Zealand.
There is absolutely nothing which suggests that they will stop work visa holders being able to work.
It seems likely that work visa conditions will
be open, that offshore resident visa holders will be able to return and that there may possibly be a 3 month suspension on new visa applications for some types of visas (essential skills for example). But that’s just my guess.
On balance, migrants should feel encouraged.
But the reality is that Essential Skills Work Visas will get harder in the future, that delays in Resident Visa processing will get worse, not better and that it is unlikely
anything will change for overstayers.
#Live | Indian Weekender talks about Immigration (Covid-19 Response) Amendment Bill | Joining the conversation, Immigration Lawyer Alastair McClymont | #IWK #Immigration #Covid19
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[05/04/20] Important Announcement. The government has just given themselves special powers to fast track changes to immigration rules. This could mean an end to some types of applications, or it could be opportunities. We will update our Facebook followers as soon as we learn more. In the meantime, if you are thinking of applying for a visa, it may pay to move fast. You can contact us on 096233344/021994033.
Here at McClymont and Associates we push for change that will help all migrants. It’s easy to pass on news from INZ, anyone can do that. Really caring for our clients is about long term change. Here is an open letter to Jacinda Ardern written by Alastair McClymont on behalf of all Migrant Workers; supported as always by the Migrant Workers Association.
An Open Letter to Jacinda Ardern from the Migrant Workers of New Zealand.
We are the Migrant Workers of New Zealand. We are here on Work Visas and Students Visas. Many of us have partners here, and children.
As Covid19 sweeps the world we watch the news from our home countries with fear for the wellbeing of our families, but fear also for our own futures.
As we turn the corner though your leadership Prime Minister has been inspiring not only to all of us in New Zealand, but the world.
We thank you for your strength, your compassion and your determination to protect us all, regardless of our nationality, race or religion. Yes, Prime Minister, in this crisis, We Are One.
But Prime Minister, now we ask you to please, think of us.
Many of us are Essential Workers. While you have told the country to stay at home many of us have worked long and hard, placing ourselves and our families at risk from this deadly virus. We work in the supermarkets where kiwis continue to shop, we deliver the food to those stores, we grow and pick the food that kiwis eat while staying at home, we care for your at risk elderly in the retirement homes, we drive the trucks and the buses that have kept the country running.
We are essential, but we do the work because we love this country, and we love the people and we want to contribute to making this the best country on earth to live in.
But Prime Minister, before we were deemed “essential” to the country your government, and the previous government have been telling us something different. We were told that we were not skilled, we were told that we can’t stay here because we don’t get paid enough, we were told that after 3 years of doing the exact same essential work we were no longer needed, we were told that our children were not allowed to go to school, that our partners couldn’t be here with us.
Many of us came to New Zealand as international students. We chose New Zealand because the New Zealand schools hired education agents who told us that study here was a pathway to residency, Education New Zealand told us that study here was a pathway to residency and Immigration New Zealand told us that study here was a pathway to residency.
After coming here and paying our money to study, your government then told us that this was a lie, and in that there was no pathway to Residency and your Immigration Minister, like his predecessor, suggested that we were somehow the ones at fault for believing what we were told..
In our desperation we were forced to work in jobs that made us vulnerable to exploitation, but Prime Minister it is the immigration system which is broken.
Prime Minister, I think now you understand that we are essential to New Zealand. We will risk our lives for the country that we have fallen in love with. For the country where our children go to school. For the country where we have settled and placed our roots. We provide the essential work for this country not just in a crisis, but every single day that we go to work.
We do it because as Covid 19 has shown; we are all human beings, we live and work together, and we are all part of this community.
Prime Minister, please understand that we are scared.
We are scared that there are Ministers in your cabinet who hate us, that want us to leave, who call us names and try to incite hatred towards us. We are scared that having settled here with our families, some for more than a decade, that you will now throw us out when times get tough. We are scared that people will now claim that we are stealing their jobs, despite us already doing these same jobs for so many years when nobody else wanted to do them.
Prime Minster, we are scared that after now showing you that we are essential to this country, when things improve, you will no longer tell us that We Are One.
Prime Minister, when you were elected you said that your government would show Compassion and Empathy. We now beg you to show compassion and empathy to the migrant workers on the front line, fighting and working to keep New Zealand united.
Please consider our proposal Prime Minister:
• Give us a genuine pathway to residency. If we have been working, paying our taxes, and obeying the laws of the country allow us to stay permanently with our partners and children.
• We are not asking you to allow new people to come to here because New Zealanders now need jobs, but those of us who are already working are needed as well to keep the businesses running. We have the experience, the skills and knowledge. Let us help rebuild the country and we can train the New Zealanders now looking for work.
• Ease the burden on an overwhelmed and over worked Immigration Ministry. Allowing us to gain our residency by simply keeping our job, with a good employer will reduce massively the workloads that Immigration New Zealand have with Resident and Work Visa processing.
• A system that allows migrant workers to obtain residency will fit in perfectly with the work that your government is doing around Employer Accreditation. We want to work with good employers, with good workplace practices. The new Accredited Employer policies will allow us to do that.
• Much of the migrant worker exploitation exists because migrant workers will allow themselves to be exploited in desperation to attain the pathway to residency that many Education Agents sold to us as international students. Creating a genuine and simple pathway to residency for migrant workers will eliminate so much of the exploitation that your government has made a priority.
• Reinvigorate the Export Education Industry. Identify the qualifications that we desperately need: health, technology, construction and trades. Create a transparent and simple pathway to residency for students who attain those qualifications and can then work on rebuilding New Zealand. The tertiary institutes will benefit, and the industries that need graduates will benefit. Many of us workers will be happy to invest money in education if you tell us what we need to study to obtain residency.
• By providing a pathway to residency we can then bring money from our home countries, we can invest in New Zealand and transfer our assets here. Something we were unable to do before without the certainty of being able to stay here.
Finally, Prime Minister. Take a decisive stand against and make New Zealand’s mark in the world.
Show us that compassion and empathy is for all people regardless of race, religion or nationality.
Show the world not only how to defeat the Covid19 Virus, but to defeat the virus of racism and xenophobia. Show the world that We Are One.
The world is already watching us, now is the time to lead.
We have played our part; we have proven that We Are One. Now Prime Minister, we ask you to do the same.
Migrant Workers Association
Immigration Law Specialist – Alastair McClymont
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