Common Immigration Questions & Answers

Q - What happens if immigration New Zealand policy changes after my application has been lodged?

A - After lodgment, applications are assessed and decided upon on the basis of the policy that applied at the time the application is accepted for consideration by Immigration New Zealand.

Policy changes after this date have no impact on the application processing.

Q - Do I need an offer of employment to lodge an Expression of Interest (EOI)?

A - Current Immigration Policy states that EOIs with a points score of 100 or more can be entered into the pool. However, the current criteria for selection from the pool is a score of 140 points or more, or a score of between 100 and 140 including points for an offer of employment in New Zealand. Additionally, if you are claiming bonus points in a Long Term Skill Shortage Area, it is not always necessary to include an offer of employment in order to be selected from the pool.

Q - I have been selected from the Pool; does this mean I have been approved residence?

A - An Expression of Interest (EOI) is not an immigration application; your EOI is selected electronically based on the assessment you have submitted online. As an example; if you have ticked "yes" for an offer of employment, you will be selected from the pool, but the INZ verification process will determine whether you are then invited to apply for residence.

Q - What happens if my circumstances change during the application process?

A - Any information can be added or taken into account with any immigration application up until a decision is made - i.e. you have gained a qualification

Q - I have 150 points with an offer of skilled employment, but my close friend has 185 points; will his application be approved first because he has more points?

A - There is no benefit if you have a higher points total above the minimum selection criteria, than anyone else. Currently, all applications with an offer of skilled employment are given priority processing, regardless of points score.

Q - What is skilled employment?

A - Not all offers of employment are considered skilled. Skilled employment is a policy definition and is not relevant to the skill level of the job. Moreover, the job title & description must be included within Levels 1, 2 or 3 of the Australian New Zealand Standard Classifications Occupations (ANZSCO) to be considered acceptable employment for the award of points.

Q - What is the difference between the Immediate Skill Shortage List and the Long Term Skill Shortage List?

A - Not all occupations listed on the Immediate Skill Shortage List meet the criteria of skilled employment required for an SMC residence application. This list was primarily designed for temporary work visa applications.

All occupations listed on the Long Term Skill Shortage List meet the criteria of skilled employment required for an SMC residence application.

Q - What is Work to Residence?

A - Do not confuse Work-to-Residence with the Skilled Migrant Category (SMC). Work-to-Residence is a separate visa category, and many applicants who initially apply for a Work-to-Residence visa can also immediately apply for residence under the Skilled Migrant Category (SMC), instead of having to work for 24 months on a temporary visa in the first instance.

Q - Do I need an offer of skilled employment for a work visa?

A - Work visa applications must include an offer of employment, the only exceptions being work applications made on partnership grounds.

Q - How many different employers can I work for on a work visa?

A - Most work visas are issued to allow the holder to only work for a specified employer, in a particular role and business location and the holder must work in accordance with these conditions. A Variation of Conditions (VoC) can be applied for to accommodate any changes to these conditions.

Q - My partner and I are not married; is this going to be a problem?

A - You do not need to be married to apply for any partnership based visa or to include your partner in a residence application. Policy requires that you must be living together in a genuine and stable relationship for a minimum of 12 months prior to lodging the application.

Q - What are the age limits for applying for a visa or permit?

A - Age limits vary:

• Skilled Migrant Category - an application must be submitted before your 56^th birthday

• Partner of the principal applicant - there is no age limit

• Work Visa - there is no age limit

Q - I have just lodged my application for residence, how long before I receive an answer?

A - There is no standard processing time for immigration applications, although Immigration NZ Branches will advise of an expected timeframe following application lodgement. Actual processing time is largely dependent on Case Officer Workloads and issues associated with individual applications.

Q - Can I include my children on my application?

A - Generally speaking, children under 25 years can be included in residence applications providing they are financially dependent on their parents, single and have no children of their own.

Q - When can I apply for New Zealand Citizenship?

A - In order to obtain New Zealand citizenship and a New Zealand passport a person must hold New Zealand residence status and live in New Zealand for 5 years (with some exceptions).

Q - Can I submit my own application to Immigration New Zealand?

A - Anybody over the age of 18 is permitted to lodge an application with Immigration New Zealand. However, if you decide to seek legal advice and or instruct another person to assist you, please make sure that they are either licensed by the Immigration Advisors Authority (IAA) or exempt from holding a license. The full list of current licensed advisers can be found at www.iaa.govt.nz