Coordination between India FTA immigration provisions and Skilled Migrant Category residence pathway changes
Joshua Riley made this Official Information request to Ministry of Business, Innovation & Employment
Currently waiting for a response from Ministry of Business, Innovation & Employment, they must respond promptly and normally no later than (details and exceptions).
From: Joshua Riley
Under the Official Information Act 1982, I request:
Request 1 — Cross-agency coordination
All correspondence, briefings, meeting notes, and records of discussion between MBIE and MFAT officials regarding how the India FTA's immigration provisions (including Annex 8K, Annex 8L, and Annex 8F) would interact with New Zealand's domestic residence pathways, including but not limited to the Skilled Migrant Category reforms announced on 23 September 2025 under the Going for Growth programme.
Request 2 — Interlock analysis
Any analysis, modelling, briefing, or advice — whether by MBIE, MFAT, Immigration New Zealand, or any other agency — assessing, identifying, or noting the alignment between:
(a) The FTA's treaty-locked post-study work visa duration of 24 months for bachelor's graduates (Annex 8F paragraph 4(a)) and the reduction of the SMC work experience requirement from 36 to 24 months;
(b) The FTA Specialist/ICT visa term of 36 months (Annex 8K) and the new Skilled Work Experience pathway requiring 24 months of NZ work experience — enabling qualification within the visa term with 12 months to spare;
(c) The FTA Specialist visa's absence of a degree requirement, salary floor, or prior employment requirement, and the new residence pathways' removal of the degree requirement and wage progression requirement.
Request 3 — Ministerial awareness
All briefings, aide-mémoires, and advice provided to the Minister of Immigration and/or the Minister for Trade regarding the interaction between the FTA's immigration provisions and the domestic residence pathway reforms, including any analysis of how FTA visa holders would access the new residence pathways.
Request 4 — Going for Growth coordination
All records of discussion, meeting notes, and programme documentation from the Going for Growth programme that reference both the India FTA and the SMC residence reforms, including any programme-level planning documents that identify both workstreams as components of a single policy objective.
Request 5 — Immigration New Zealand operational assessment
Any assessment by Immigration New Zealand of the expected volume of FTA visa holders (Annex 8K Specialists, Annex 8L TEE holders, Annex 8F students and post-study work visa holders) who would be expected to transition to residence through the reformed SMC pathways, including any modelling of residence application volumes arising from the FTA.
Public interest
The India FTA and the SMC residence reforms were developed during an overlapping period (March-December 2025). Both were announced under the Going for Growth programme. Both are administered through the same Immigration Minister's portfolio. The FTA's Specialist visa creates an uncapped supply of workers with no degree or salary requirement. The residence reforms, taking effect one month before the FTA enabling legislation vote, remove the degree requirement and reduce the work experience threshold to a duration that aligns precisely with the FTA's visa terms.
The public interest in understanding whether these two policy streams were coordinated — and if so, whether that coordination was disclosed to Parliament or the public — is compelling. Parliament is being asked to pass FTA enabling legislation in September 2026 on the assurance that the FTA's visas are "temporary" and that visa holders "have to leave." If the domestic residence settings were designed to receive FTA visa holders, that assurance is materially misleading.
I am content to receive documents in electronic form. If any part of this request is considered too broad, I welcome consultation under section 18B to refine scope.
From: Ministerials
Ministry of Business, Innovation & Employment
Kia ora Joshua,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 11/07/2026 requesting, under the Official
Information Act 1982, the following:
Under the Official Information Act 1982, I request:
Request 1 — Cross-agency coordination
All correspondence, briefings, meeting notes, and records of discussion
between MBIE and MFAT officials regarding how the India FTA's immigration
provisions (including Annex 8K, Annex 8L, and Annex 8F) would interact
with New Zealand's domestic residence pathways, including but not limited
to the Skilled Migrant Category reforms announced on 23 September 2025
under the Going for Growth programme.
Request 2 — Interlock analysis
Any analysis, modelling, briefing, or advice — whether by MBIE, MFAT,
Immigration New Zealand, or any other agency — assessing, identifying, or
noting the alignment between:
(a) The FTA's treaty-locked post-study work visa duration of 24 months for
bachelor's graduates (Annex 8F paragraph 4(a)) and the reduction of the
SMC work experience requirement from 36 to 24 months;
(b) The FTA Specialist/ICT visa term of 36 months (Annex 8K) and the new
Skilled Work Experience pathway requiring 24 months of NZ work experience
— enabling qualification within the visa term with 12 months to spare;
(c) The FTA Specialist visa's absence of a degree requirement, salary
floor, or prior employment requirement, and the new residence pathways'
removal of the degree requirement and wage progression requirement.
Request 3 — Ministerial awareness
All briefings, aide-mémoires, and advice provided to the Minister of
Immigration and/or the Minister for Trade regarding the interaction
between the FTA's immigration provisions and the domestic residence
pathway reforms, including any analysis of how FTA visa holders would
access the new residence pathways.
Request 4 — Going for Growth coordination
All records of discussion, meeting notes, and programme documentation from
the Going for Growth programme that reference both the India FTA and the
SMC residence reforms, including any programme-level planning documents
that identify both workstreams as components of a single policy objective.
Request 5 — Immigration New Zealand operational assessment
Any assessment by Immigration New Zealand of the expected volume of FTA
visa holders (Annex 8K Specialists, Annex 8L TEE holders, Annex 8F
students and post-study work visa holders) who would be expected to
transition to residence through the reformed SMC pathways, including any
modelling of residence application volumes arising from the FTA.
Public interest
The India FTA and the SMC residence reforms were developed during an
overlapping period (March-December 2025). Both were announced under the
Going for Growth programme. Both are administered through the same
Immigration Minister's portfolio. The FTA's Specialist visa creates an
uncapped supply of workers with no degree or salary requirement. The
residence reforms, taking effect one month before the FTA enabling
legislation vote, remove the degree requirement and reduce the work
experience threshold to a duration that aligns precisely with the FTA's
visa terms.
The public interest in understanding whether these two policy streams were
coordinated — and if so, whether that coordination was disclosed to
Parliament or the public — is compelling. Parliament is being asked to
pass FTA enabling legislation in September 2026 on the assurance that the
FTA's visas are "temporary" and that visa holders "have to leave." If the
domestic residence settings were designed to receive FTA visa holders,
that assurance is materially misleading.
I am content to receive documents in electronic form. If any part of this
request is considered too broad, I welcome consultation under section 18B
to refine scope.
We will endeavour to respond to your request as soon as possible, and no
later than 7/08/2026, being 20 working days after the day your request
was received. If we are unable to respond to your request by then, we will
notify you of an extension of that timeframe. If you have any enquiries
regarding your request feel free to contact us via email to
[1][MBIE request email].
Nāku noa, nā
Ministerial Services
Strategy and Assurance
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington 6011 | P O Box 1473 Wellington 6140
References
Visible links
1. mailto:[MBIE request email]
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence (note: this contains the same information already available above).
