Information for Solicitors on Working in New Zealand

Transcription

1 Information for Solicitors on Working in New Zealand

2 1. GENERAL INFORMATION You are not entitled to work as a solicitor in New Zealand unless you first qualify with a New Zealand Law Society. If you wish to practice as a solicitor in New Zealand, the first step is to satisfy a New Zealand regulatory body that you have, at least, the educational equivalent of what someone graduating out of a New Zealand law school has. It is possible to work in the legal field without getting your qualification recognised. You may work as a legal assistant, paralegal or legal executive with a law firm or in an inhouse legal department. It is not compulsory for a legal executive in New Zealand to have competed the NZLS Legal Executive Diploma course but some New Zealand employers may prefer you to have this qualification. 2. NEW ZEALAND VISAS Visas are always required for Irish citizens wishing to live and work in New Zealand. The central point of information on New Zealand visas is Visa services for residents in Ireland are handled by the Immigration New Zealand, London branch. There are three routes relevant to solicitors seeking work in New Zealand: 1. Temporary Work Visas: Ideal for short term opportunities or as a starting point to experience life in New Zealand. 2. Work to Residence Visas: Special categories to experience life in New Zealand where you start qualifying for residency from day one, so you can either stay for a short time or apply to stay for as long as you like. These visas allow you to work in New Zealand for 30 months, during which time you have the option of applying for a resident visa. 3. Resident Visas: For those who want to make New Zealand their permanent home. It is based on a points system USIT also provide a 1 year Working Holiday Visa for work and travel opportunities in New Zealand. For information on this go to:

3 2.1 Temporary Work Visas Working Holiday Visa If you are over 18 and under 30 you can get a Working Holiday Visa that allows you to work and travel in New Zealand for up to 12 months. To be eligible for this visa, you must: have a passport that is valid for at least 3 months after your planned departure from New Zealand; hold a return air ticket or sufficient funds to purchase such ticket; not have previously been approved for a Working Holiday Visa in NZ; have a minimum of NZ$4,200 available funds to meet your living costs; meet all health and character requirements. Along with your completed and signed application form you will need: details of your arrangements to leave New Zealand after your visa expires; evidence to show you meet the specific requirements of your country s working holiday scheme; two recent passport-size photographs; a valid passport or travel document; the application fee. Send your completed application and fee to the Immigration New Zealand London office. The fee is currently GBP 70. Essential Skills Visa This is a work visa designed to help New Zealand employers fill the vacancies with migrant skilled staff (as quickly as possible) if they are unable to find New Zealand workers. It allows people to work temporarily for up to 3 years in New Zealand. Employer s obligations - If you have a job offer from a New Zealand employer, your job offer must come from an employer who can prove that there are no suitable New Zealand citizens or residents available to do the job. As solicitors are not listed on New Zealand s Essential Skills in Demand list, the two options open are: The employer can request an approval in principle from Immigration New Zealand to recruit overseas workers. This will have been done before you apply for a work visa. The employer provides evidence that they have genuinely tried to find a New Zealand worker to fill the position as part of your application process. To support your application, your employer will need to complete an Employer Supplementary Form and is best advised to write a letter indicating the particular skills you will bring to the firm. Qualifying for an Essential Skills visa relates to both your ability to demonstrate suitability to hold the job (your qualification and/or experience), and to the employer demonstrating their inability to find a New Zealand candidate to fill the position. Evidence of qualifications differentiates between occupations on the basis of skill level.

4 Under ANZSCO (Australian and New Zealand Standard Classification of Occupations) solicitors receive a Level 1 classification. You will need to prove that you are suitably qualified for the position by showing evidence of qualifications or training you have undertaken or work experience you have gained. Essential Skills Work Visas are usually issued with a maximum duration of three years for occupations classified as an ANZSCO Skill Level 1. A special policy allows a visa and permit of up to five years if your New Zealand job offer is for a position which is classified as Skill Level 1 and your base salary is at least $55,000. Applicants for an Essential Skills Work Visa must: Hold a valid passport; Have a job offer; Prove they have the qualifications to fill the position; Meet New Zealand s requirements for good health and character; Complete the Essential Skills Work Visa application form INZ Silver Fern Job Search Visa The Silver Fern Job Search Visa is designed to encourage highly skilled migrants aged 20 to 35 to go to New Zealand and find work. In order to qualify as highly-skilled, you must hold a recognised tertiary degree or higher, or a recognised trade qualification with a minimum of two years of work experience in that trade. To be eligible, you must apply online from outside of New Zealand. Only 300 visas are granted each year (beginning 27 April annually). This visa is valid for travel to New Zealand within six months of being granted. Once you arrive in New Zealand you can search for a job for up to nine months. After finding a job you may apply under the Silver Fern Practical Experience category which enables you to work in New Zealand for up to two years. Applicants for the Silver Fern Job Search Visa must intend to find long-term skilled employment while they are in New Zealand. All applicants for the Silver Fern Job Search Visa must: Be between the ages of 20 and 35; Be outside New Zealand during the application process; Hold a recognised tertiary degree or higher, or a recognised trade qualification with a minimum of two years work experience in that trade; Have a minimum of NZ$ 4,200 available in funds to meet your living costs while you are searching for a job; Not have been previously issued a Silver Fern Job Search Visa; Meet the health and character requirements; Complete the Silver Fern Job Search Visa application through Immigration New Zealand s online services - The application fee is NZ$200. Please note there are no more places available under the Silver Fern Job Search Visa for the year.

5 Silver Fern Practical Experience Visa Holders of a Silver Fern Job Search Visa who find skilled employment may apply for the Silver Fern Practical Experience Visa. This visa will allow you to work in New Zealand for up to two years. There is no annual limit to the number of people who can apply under this category. A skilled job requires significant, technical or management expertise. Barristers and solicitors are included on the list of jobs that are considered skilled; they receive a level one classification. The employment must be skilled, full time, current for at least 12 months and paid by salary or wages or in terms of a contract for service (not be commission). It is not a requirement for an employer to prove they were unable to fill the position with a New Zealander. Applicants applying for a Silver Fern Practical Experience Visa will need: Completed Work Visa application form INZ 1015 A passport valid for at least three months after the date you plan to leave New Zealand One recent passport sized photo Evidence of the qualifications of work experience you hold relevant to the job you have been offered An Employment Supplementary Form Evidence of registration in New Zealand registration is required by law to undertake employment in certain areas. Solicitors / Barristers are included in this list and must therefore register with the Law Society of New Zealand To qualify for this Visa you must: Hold a valid Silver Fern Job Search Visa Have a valid offer which is current for a period of at least 12 months Hold occupational registration in New Zealand if it is required for the job Meet the health and character requirements The application fee is NZ$200 and the application will be processed at the Immigration New Zealand branch closest to the employer offering you the job. You can apply for this visa from New Zealand or another country. 2.2 Work to Residence Visas Talent (Accredited Employers) Visa If you have a job offer from an accredited New Zealand employer and are under 55, then you will meet the basic requirements for a Talent (Accredited Employers) Visa. It may also be a pathway to become a resident if you don t satisfy the requirements under the Skilled Migrant Category. To make an application you must: Have a job offer for full-time employment for a period of at least 24 months from an accredited employer Your offer of employment must be for a minimum base salary of NZ$ 55,000 The job offer must be within the employer s core area of business activity and the accredited employer will have direct responsibility for your work output

6 Evidence of registration in New Zealand registration is required by law to undertake employment in certain areas. Solicitors / Barristers are included in this list and must therefore register with the Law Society of New Zealand Provide a completed Medical and Chest X-ray Certificate for NZ, this must be less than 3 months old when you submit your application. Provide police certificates from your country of citizenship, as well as any country which you have lived for 5 years or more since you were 17. Police certificates must be no more than 6 months old when you submit your application. Complete the Work Visa application form INZ 1015 The visa will be granted for 30 months. Send your completed application and fee to the Immigration New Zealand London office. The fee is currently GBP 155. Long Term Business Visa If you want to establish a business in New Zealand then the Long Term Business Visa may be the best option. Applications under this category are given priority processing by Immigration New Zealand they are interested in encouraging new business ventures over there. Visas are granted initially for 9 months to allow you to set up your business, with a further 27 months granted after submitting evidence demonstrating it has been established. This visa can lead to a resident class visa. A business Immigration specialist will be assigned to work with you. They will be looking at your relevant experience, your financial forecasts, your knowledge of the New Zealand business environment, and your access to capital. Evidence that your business is contributing to New Zealand s economic development may include audited accounts, tax records, employment records etc. Keep in mind that a business will be considered of benefit to New Zealand in a number of ways: if it is employing New Zealand citizens and residents (including yourself), for instance; if it exports, provides products or services, trains or develops skills and so on. To make an application, you must: Have a complete business plan that is no more than 3 months old on the date your application is made Show evidence that you have access to sufficient capital to finance your business plan (as well as support yourself) Demonstrate you have the relevant knowledge about the New Zealand business environment and have business experience Provide information on how the proposed business will benefit New Zealand Have obtained professional or occupational registration in New Zealand if registration is required for operating your proposed business Provide a completed Medical and Chest X-ray Certificate for NZ, this must be less than 3 months old when you submit your application. Provide police certificates from your country of citizenship, as well as any country which you have lived for 5 years or more since you were 17. Police certificates must be no more than 6 months old when you submit your application.

7 To apply for the Long Term Business Visa you must submit a Long Term Business Visa application (INZ 1058) by to via post to: Immigration New Zealand Business Migration Branch PO Box 3705 Wellington New Zealand The application fee is NZD$ 2, Resident Visas Skilled Migrant Visa The Skilled Migrant Visa works on a points system. Points are given for skills, experience and other factors pertinent to New Zealand s economic needs. There are two steps to becoming a resident under the Skilled Migrant Category. First, you submit an Expression of Interest (EOI). If you have enough points, you will be issued an Invitation to Apply (ITA). For the Expression of Interest you must meet certain prerequisites and obtain a minimum of 100 points. Points are based on: Age. The younger you are, the more points you receive; the points given for your age at time of application ranges from 5 to 30 in total Experience. The more work experience you have the more points you receive; eg, 10 years or more experience in a given field is awarded 30 points Employability. If you have an offer of skilled employment in New Zealand or are currently employed in New Zealand, you ll receive 50 or 60 points; you ll receive bonus points if that offer or skill is in an identified future growth area or an area of absolute skills shortage in New Zealand. Securing an offer of employment before submitting your EOI (although not required) will enhance your change of being invited to apply. Qualifications. You can claim points for one of your qualifications (usually the highest). The points for a recognised qualification range from 50 to 55, with bonus points for the qualification being gained in New Zealand or being in an identified growth area or an area of absolute skills shortage in New Zealand. At present, EOIs of 140 points and more (and meeting all other criteria) are selected from the pool for an invitation to apply. You can see how many points you have on the points calculator - You must be under the age of 56 when you apply. You do not need a job offer to qualify for this visa, but you will receive 50 additional points with an offer of skilled employment. The process for applying under the Skilled Migrant Category involves several steps, starting with an Expression of Interest (EOI). If you score 100 points or more on an EOI, it can be entered into the pool of Expressions of Interest. Selections are made from the pool approximately every two weeks, with 600 to 700 EOIs being selected each time. The current selection criteria starts with EOIs with 140 points, then further

8 EOIs are selected to fill the available slots, with priority being given to those EOIs which include job offers or points claimed in an area of absolute skills shortage. After an EOI has been selected from the pool, a quick check is made to see if the points have been claimed correctly. If so, you will then be Invited to Apply (ITA) for a resident visa under this category. After submitting your application, verification of the claims made in your EOI is undertaken. If you meet all criteria, you will be granted a resident visa. Note: If you do not have an offer of skilled employment, you will be assessed for settlement and contribution criteria -- and either granted a resident visa, or more likely be offered a 9-month work visa to allow you to come to New Zealand and find skilled employment. If you do this, then you are likely to be granted a resident visa when you provide information about your skilled employment to Immigration New Zealand. To make an Expression of Interest application, you must: Be aged under 56 Provide information about your identity, health and character Provide information about your English language ability, which may include passing the International English Language Test with a score of 6.5 or higher Show your points total based on your employability, experience, education etc. Include the appropriate fee (online NZ$400; paper-based NZ$500) If you are then invited to apply for a resident visa, you must provide: The original documentation and evidence to support all the claims made in your EOI, such as your offer of skilled employment, education, experience and English language ability. Such requirements will also be included with the application form sent to you Payment of the fee, GBP$ 1,005 A completed Medical and Chest X-ray Certificate for NZ, this must be less than 3 months old when you submit your application A police certificate from your country of citizenship, as well as any country which you have lived for 5 years or more since you were 17. Police certificates must be no more than 6 months old when you submit your application A Migrant Levy of NZ$310 per person must be paid when your application is approved. To begin your application, send your completed Expression of Interest form (INZ 1100) and fee (NZ$ 500) to the Immigration New Zealand London office. The fee is NZ$400 if you compete your Expression of Interest online at - m

9 Investor Visa The qualifications for an Investor Visa are straightforward to meet. To make an application, you must: Have the ability to invest a minimum of NZ$1.5 million over four years Provide evidence of NZ$1 million minimum in settlement funds (no transfer required) Spend 40% of each of the 4 years (or 146 days) in New Zealand Provide evidence of a minimum of 3 years business experience Transfer and invest funds within the first year of the visa. The funds must be owned by you and have been legally earned or acquired. All investments must be placed in acceptable investments. New Zealand are looking for people who can invest financial capital to support the growth and productivity of New Zealand s economy. That means funds will need to be invested where they can be used productively. You can invest in equity and/or bonds in New Zealand. You are not able to invest in residential property or use bank deposits to qualify for this visa. You must be under the age of 65 to apply for the visa. An Immigration New Zealand Client Manager is available to provide immigration, investment and settlement information. investors@dol.govt.nz Once your application has been approved in principle, you will have 12 months to transfer and invest your finds in New Zealand. If needed, you may apply during that period to extend the transfer period. You are also eligible during that 12 month period a multiple work visa to go to New Zealand and look into investment opportunities. 2.4 Lodging Visa Applications If you are lodging an application from Ireland, forms and documents can be sent to: Immigration New Zealand London Branch Mezzanine Floor New Zealand House 80 Haymarket London SW1Y 4TE United Kingdom Tel from outside the UK: or Fax: Website: Office Hours: 10am-4pm Monday to Friday. If you are lodging an application from within New Zealand, applications can be sent to the nearest Immigration New Zealand office - details are found at:

10 2.5 Visa/Permit Application Forms and Fees Guides Visa/Permit Guides can be downloaded at: n/formsandguideslinks/allforms.htm?level=2 A copy of the Fees Guide can be downloaded at: ToolboxLinks/officeandfeescalculator.htm?level=2 3. PROCESS OF QUALIFYING IN NEW ZEALAND 3.1 Demonstrating Educational Equivalence Qualifications of overseas lawyers are assessed by the New Zealand Council of Legal Education (NZCLE): You will need to make an application to the NZCLE for assessment of your qualifications and practical training. Fees for assessment are currently NZ$1, (for overseas law practitioners). Send your completed application and necessary documents to the Chief Executive, New Zealand Council of Legal Education, PO Box 5671, Wellington. An application will typically take twelve weeks to consider. Overseas applicants are normally required to: pass a number of subjects on the New Zealand Law and Practice examination - held bi-annually over four days. (Sittings in February or July) complete a Professional Legal Studies Course (may be exempt if they accept PPC 1 & 2 as equivalent) Solicitors admitted in the Republic of Ireland can apply for exemption from certain examination requirements; each applicant is assessed individually. Where an applicant receives a credit in one of the compulsory New Zealand Council of Legal Education subjects, the applicant will normally be required to sit the corresponding Part of the NZLP examination run by the Council. Exemptions from parts of the NZLP examination are rare. However, exemptions are sometimes granted where an applicant has been teaching or tutoring for a period of time in one of the core law subjects at a New Zealand University, or where an applicant has attained extensive work experience in a core law area in New Zealand. This examination is a six part self-taught course following a comprehensive prescription. It covers the areas of Legal Systems/Public Law, Contract Law, Criminal Law, Property Law, Torts, and Equity and Succession. Each exam is 90 minutes in duration. The examination is administered and conducted from the Council s offices in Wellington. The examination may be sat in one of the Law Schools in New Zealand, or at an approved venue overseas. However, from March 2011 it will only be possible to sit the examination overseas at one site (to be advised) in London. The fee per part for the NZLP examinations is NZ$

11 There are currently two providers of the Professional Legal Studies Course that you may also need to complete. The Institute of Professional Legal studies provides two face-to-face, part distance delivered courses ( for the attention of Susan Perkins). The College of Law New Zealand provides a part facetoface, part distance delivered course ( enquiries@collaw.ac.nz /website ). You may choose which course you wish to undertake, and the provider with whom you wish to train. An overseas applicant will not be eligible to enroll in any of the Institute s courses, or the College s courses, until he or she has completed the parts of the New Zealand Law and Practice Examination imposed by the Council. 3.2 Obtain a Certificate of Completion from the NZCLE After an applicant has successfully completed all the requirements prescribed by the Council, an applicant must apply to the Chief Executive of the Council for a Completion Certificate. At the end of your Professional Legal Studies course, you will receive a letter confirming that you have passed the course. This letter, along with the other documentary evidence required, and the completed application form, should be sent to the Council of Legal Education. The application fee for Completion Certificates is NZ$ Apply to the New Zealand Law Society for a Certificate of Character This will certify whether you are a fit and proper person to be admitted as a barrister and solicitor. Candidates may apply to a Law Society of their choice. A certificate of character can be used to seek admission in any High Court during its period of validity. Generally you should start the process three months ahead of the date of the proposed admission ceremony. An application for a Certificate of Character must be in the prescribed form, include referee reports and all other required documents and be accompanied by the fee. The current fee for a Certificate of Character from the New Zealand Law Society is NZ$ For more information on the necessary documentation go to - haracter 3.4 Get admitted to the Roll of Barristers and Solicitors in New Zealand You must apply to be admitted to the Roll of Barristers and Solicitors of the High Court of New Zealand. This application must be filed in the High Court of New Zealand. 3.5 Apply for a Practicing Certificate You must be in receipt of a Practicing Certificate before you can practice as a solicitor in New Zealand. Fee details can be accessed at - data/assets/pdf_file/0017/10925/prorated-fees.pdf

12 3.5 Useful Links Download the application form for assessment by the NZCLE at: Practical information on practising as a solicitor in New Zealand can be found on the New Zealand Law Society s website at: Further information regarding admission as a solicitor in New Zealand is found at: Documents required with your application Tertiary Academic Records and Academic Transcripts A copy of your law school handbook or relevant publication showing the structure of your degree, content and length of each course. These can be obtained from the PPC Examinations Dept. in The Law School: contact Tara Caffreyt.caffrey@lawsociety.ie Evidence of Professional Experience in the form of letters or references on original firm or organisation letterhead and signed by the partner or manager. A certified Certificate of Admission to the Roll of Solicitors in Ireland a letter from the Law Society confirming admission to the Roll can be obtained from the Admissions Administrator: contact Philomena Whyte - p.whyte@lawsociety.ie or Anthea Coll - a.coll@lawsociety.ie A Certificate of Good Standing from the Law Society of Ireland to obtain a letter of good standing from the Regulation Department contact Nicola Kellyn.kelly@lawsociety.ie or Mary Ann McDermott-m.mcdermott@lawsociety.ie A statement as to whether you held a practicing license in the past five years, or if you have been admitted for less than five years, since the time of your admission. A statutory declaration or affidavit verifying identity and a certified copy of the first two pages of your passport. 3.7 TRANS TASMAN MUTUAL RECOGNITION PROVISIONS Under the Trans Tasman Mutual Recognition Arrangement, a person registered to practise as an Australian Lawyer is entitled to practise in New Zealand, and vice versa, without the need for further testing or examination. 4. GENERAL INFORMATION 4.1 New Zealand s Strengths as a Work Location New Zealand has a low cost of living Recently voted the third best country in the world to live in by the UN Flexible visa regulations Employers have a positive attitude towards Irish people Low Unemployment only 6.3% Stunning landscapes, unique wildlife and abundant outdoor activities make it a very attractive destination for migrants

13 4.2 New Zealand s Weaknesses as a Work Location Location / Distance from Ireland Expensive to complete the assessment process for qualification recognition Unaware of any Irish solicitors that have qualified in NZ on the basis of assessing their qualifications a few have qualified on the basis of having been admitted to practice in Australia and using the Trans Tasman Mutual Recognition Process gained admittance to practice in NZ It does not have the same level of work pace/opportunities that exist in Australia 4.3 Recruitment Websites Useful links Citizenship and Immigration New Zealand Law Society of New Zealand New Zealand Council of Legal Education - The New Zealand Institute of Legal Executives - New Zealand Lawyer magazine online - Law news and jobs website - Law Society of New Zealand s LawTalk magazine Hayes Recruitment, advise on NZ Working in New Zealand - Courtesy of the Hays Salary Survey 2010 Market changes The replacement of essential roles within commercial teams was the focus of most recruitment activity in Given the lack of corporate deals, little to no expansion took place in the corporate/commercial area. Entire commercial and residential property teams were made redundant. Litigation and insolvency were the key areas of continued recruitment momentum, although significantly increased competition for roles meant there were still a number of high calibre candidates available. Candidates from Australia and the UK, previously sought-after, struggled to secure a role let alone relocation costs and sponsorship. But in the first half of 2010 vacancy activity rose across the country and in private practice, in-house and government organisations. Most of these vacancies have been replacements, as candidates move within the national market or back overseas. We expect vacancy activity to continue to rise, with expansion or succession roles arising alongside replacement vacancies.

14 Changes to recruitment practices Recruitment processes are often lengthy. There are still a number of qualified candidates available for each vacancy and so employers are making considered decisions. Issues that would not previously have prejudiced an employer against a candidate, such as moving between roles, small gaps in a CV or lacking a particular specific type of experience, now stop good candidates from securing roles. Positions in demand Demand is rising for experienced candidates across the board. Top-tier national practices seek highly specialised corporate, commercial and finance candidates, while the mid-tier and small firms require candidates with broader commercial or litigation skills. Many top-tier practices are recruiting at a senior level for specialist candidates however expansion at the Partnership level remains minimal. Many firms have completed succession planning and are recruiting intermediate lawyers who can advance in seniority in line with the market s improvement. Demand within the inhouse market has also increased, particularly within the financial services and utilities industries as well as the Government sector. This is driven by increased risk and compliance measures. Salary movements Salaries remained steady. Looking ahead, we expect significant increases once specialist candidates are back in short supply. As firms start expanding, and candidates move roles, salary pressure will ultimately return. Advice to candidates We suggest you remain open-minded when considering opportunities. Until competition for specialist skills returns, do not expect large increases in salary. It is important to provide a good level of detail in your CV since employers are very specific in the type and level of experience they want. If you are currently working but are not happy, we suggest you still consider your situation carefully before resigning. It may take several months to secure another role. Important Disclaimer Please Note The Law Society does not give any guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of information within this document. The Law Society also does not take responsibility for any dependence or reliance placed on the use of support services information provided - and cannot accept liability for any loss or damage incurred as a result.