EXPERTS IN NEW ZEALAND IMMIGRATION LAW
If you want to migrate to New Zealand on a temporary or permanent basis it is important that you understand your options and the complex New Zealand Immigration Government rules.Our expert New Zealand immigration lawyers based in Christchurch are specialists in New Zealand immigration policy requirements and have in-depth understanding of the complex policy, rules and regulations to provide you with a speedy, accurate assessment of your case. If you elect to proceed with your application we can assist with the application process to maximise your chances of qualification and assist you to obtain the required visa in a timely and stress free manner.
For all of your immigration enquiries please email Duncan Macintyre (Director) This e-mail address is being protected from spambots. You need JavaScript enabled to view it
New Zealand Immigration Criteria
The starting point for any application is the INZ Operations Manual. This document can be accessed on-line under the New Zealand Government Immigration website at www.immigration.govt.nz. You will also see on the INZ website important summaries of all the entire major policy criteria for particular immigration policies. While this is a good resource it is not a substitution for all specific requirements under each policy. This website focuses more as an overview as to how each particular policy works at a particular level. It is not intended to be used as a final resource but as a guide and an introduction to help refine your research into New Zealand Government Immigration Policy.
SKILLED MIGRANT CATEGORY (SMC)
Applicants who wish to apply for Residence in New Zealand as Skilled Migrants need to successfully demonstrate they:
- Have the skills to fulfil identified needs and opportunities in New Zealand.
- Are able to transfer those skills to New Zealand in line with local needs and opportunities.
- Are able to demonstrate an ability to contribute to New Zealand both economically and socially.
- Are able to demonstrate an ability to successfully settle in New Zealand.
When considering the SMC Policy it is important for applicants to note that this policy is not a passive application for Residence. What we mean by this is that all applicants will need to undergo a 2 stage process with INZ as follows:
1. Complete An Expression Of Interest (EOI).
The first stage involves the applicant submitting an Expression of Interest to Immigration New Zealand.
The process of submitting the EOI involves primarily a self assessment of the applicant‘s points criterion followed by the formal submission of an online application.
To qualify under the first stage you must have a minimum of 100 points. Once your application has been submitted you will go into a pool with all applicants. All EOIs will be ranked between 100 and 140 points on a points score. Applications are considered on a fortnightly basis and those successful will be drawn from the pool. Applicants meeting the higher threshold are automatically selected. All applicants drawn from the pool go through a further verification process. Those applicants who ultimately meet the initial verification process and appear to be viable candidates are then formally invited to submit their Residence Application.
One of the main pitfalls we see with applicants who are not familiar with the complexities of the immigration policy requirements relating to Skilled Migrant is a miscalculation of their points allocation. It is important to get the application right the first time.
2. Invitation To Apply For Residence.
Once invited to apply for Residence applicants have four months to formally submit their application together with all supporting documents. Applicants will need to meet health and character requirements as part of general immigration policy under SMC.
When considering the applicant‘s eligibility for points Immigration Case Officers will review the applicant‘s claim for points and will assess this in terms of immigration policy. Points are awarded for age, skilled employment, recognised qualification, recognised work experience a job offer from a New Zealand Employer and Skilled Employment for any partner.
Bonus points may also be awarded in areas where the New Zealand Government has identified future growth areas and areas of absolute shortage. Bonus points may also be awarded for skilled employment in areas outside of Auckland but you will need a job offer or be working in New Zealand to claim these points.
Applicants who, after assessment of the full SMC criteria, can demonstrate an ability to settle and contribute to New Zealand will be granted Permanent Residence outright. Those that do not meet the assessment criterion will go through a further assessment period over the following 12 months. At the end of that 12 month period Residence will be granted or declined.
Our immigration lawyers are familiar with all steps in the process regarding the formal Residence Application under SMC Policy and can assist an applicant or advise in relation to all steps through the process from the EOI through to the granting of the Residence Permit. However, applicants need to know that a successful outcome will depend on each applicant‘s personal circumstances.
WORK TO RESIDENCE VISA
This part of Immigration Policy is a mixture of Temporary Policy and Residence Policy designed to assist and facilitate the short term and long term employment of individuals with high skill levels who may make the transition from Work Permit to New Zealand Residence.
There are two main Work to Residence Applications:
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Talent (Accredited Employers).
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Long Term Skilled Shortage List.
Talent (Accredited Employer)
Employers must first be accredited by New Zealand Immigration for an applicant to be able to qualify under the policy. Employers who have been accredited will hold a position of Trust with Immigration New Zealand and will be able to recruit their employees who they deem necessary to fulfil their business/employment requirements.
To satisfy this policy, an applicant must show that they are paid a minimum of $55,000.00pa and in full time work with a minimum of 40 hours per week and meet all other immigration general requirements such as good health and good character.
If an application is approved under this policy Immigration New Zealand will issue an initial Work Visa for up to 30 months. Following a period of employment of two years with the accredited employer an applicant may be granted New Zealand Residence.
All applicants under this policy will need to be less than 56 years at the time the application is submitted.
Long Term Skilled Shortage List
Essentially the same Rules apply under this policy as the Accredited Employer Policy above with the exception that the applicant needs to meet the requirements specified in the long term skills shortage list.
Applicants also need to be less than 56 years at the date of filing the application and meet the immigration good health and character requirements.
BUSINESS POLICY
The object of Business Immigration Policy is to contribute to New Zealand‘s economic growth through increasing New Zealand‘s level of human capital by encouraging investment, enterprise and innovation.
New Zealand‘s new Migrant Investment Policy came in to effect from 27 July 2009 and replaces the Active Investment Migrant Policy. This new policy separates investor migrants into two categories:
Investor Plus
This policy requires the applicant to make an investment of a minimum of $10,000,000.00 for a minimum of three years and has no age limit, no English requirements, no business experience requirements and you will have to spend at least 73 days in New Zealand each year in years two and three of your three-year investment period.
Investor 2
This policy unlike the Investor Plus Policy above has a number of additional requirements:
Unlike the Investor Plus category you will need to submit an Expression of Interest (EOI) and be accepted on the points claimed. You will need to claim a minimum of 20 points. Immigration policy however currently only allows for 300 places on an annual basis under this category so the higher your points tally the greater chance you have of selection.
Some of the requirements under this policy are as follows:
(i) There is an age limit of 65 years as at the date of application.
(ii) You need to make a minimum of $NZ1,500,000.00 investment in funds or assets for a minimum of 4 years. In addition, you also need to demonstrate you have a minimum of $NZ1,000,000.00 in investments or assets that can remain elsewhere.
(iii) You and each of your family members on your application will need to have a satisfactory English standard and will need to have a minimum of three years business experience.
(iv) As with the Investor Plus category there is a minimum period you need to reside in New Zealand. You will have to spend at least 146 days in New Zealand each year in years two, three and four of your four-year investment period.
Under both Investor Plus and Investor 2 Policies all applicants still need to meet Immigration good health and character requirements.
If you think you meet or are interested in either of the two Investor Policy requirements our Immigration Team will be happy to discuss these requirements with you in more detail.
LONG TERM BUSINESS VISA
It is a common misconception that the Long Term Business Visa (LTBV) is a type of Residence Application.
In fact, the LTBV is essentially a three year work permit which allows the individual the opportunity to make a significant investment in a New Zealand business (minimum 25%) by purchasing or establishing a new business.
After operating the business successfully for a minimum of two years the applicant may be able to convert his LTBV to a Residence Permit under either of the Entrepreneurial categories referred to below.
The main requirements under the LTBV category is as follows:
- You and every member in your family included in the application need to meet the immigration health, character and English requirements.
- You will need to submit a sound business plan, be able to show you have the relevant knowledge about the New Zealand business environment and show how your business venture will benefit New Zealand. You will also need to provide evidence about your relevant business experience.
- You will need to show you have sufficient funds (apart from those funds intended to be invested in purchasing or setting up a business) to support yourself and any member of your family included in your application.
- If your initial application is approved Immigration New Zealand will normally grant a Work Permit that will expire after nine months. This is to allow you time to set up your business. Before the initial permit expires you will need to show Immigration that you have made reasonable progress in setting up your business venture. If approved, Immigration will grant a further extension of your Work Permit to take you up to a stay of three years.
ENTREPRENEURIAL POLICY
Unlike the LTBV, this Policy relates to Residence in New Zealand.
The successful applicant will have been able to demonstrate to Immigration that they have been actively participating in their business (under the LTBV) and contributing to or being beneficial to the New Zealand economic environment.
Success under this pathway is split essentially into two categories:
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Entrepreneurial Category.
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Entrepreneurial Plus Category.
Entrepreneurial Category
Applicants who have successfully established a business in New Zealand have been self employed in the business for at least two years and the business has benefited New Zealand may be able to apply for Residence under this category.
Entrepreneurial Plus Category
Unlike the Entrepreneurial category there is no minimum time limit for which applicants need to have been operating the business and therefore provides a faster track to Residence provided you can show:
- You hold a LTBV.
- Have successfully established a business in New Zealand.
- You have been self employed in that business.
- You have invested a minimum of $500,000.00 in that business.
- You have created a minimum of three new full time jobs for New Zealand Citizens or residents. Please note taking over an existing business with existing employees does not count as new full time jobs. You actually have to create three new full time positions.
As with all other immigration policy applications it is important for the applicant to be fully aware and understand the pitfalls that may trap the inexperienced or unwary such as the nature of the business that would likely be acceptable to Immigration as being beneficial to New Zealand.
Applicants under this policy also need to be mindful not to enter into binding contractual arrangements first without having obtained the initial LTBV or at least to have made some arrangements conditional upon grant of the LTBV. It is important to seek expert legal advice before proceeding with an application under this Policy or indeed entering into any contractual arrangements on the reliance that you may be granted an LTBV based on the purchase or establishment of such a business.
Our immigration lawyers are very familiar with these types of business policy applications and it would be well worth contacting us before submitting an application for an initial assessment of the merits of your application case. Our commercial and employment lawyers can advise you about how best to structure your business and advise about employment agreements.
FAMILY CATEGORY
You may be able to come to New Zealand to live if you are sponsored by a family member who is already a New Zealand Citizen or Resident.
To qualify under this category you need to fall into one of the following groups:
- Partner – you are the husband/wife or defacto/civil partner of a New Zealand Citizen or Permanent Resident.
- Dependent Child – you are the dependent child with a parent who is a New Zealand Citizen or Permanent Resident.
- Parent – you have a child who is a New Zealand Citizen or Permanent Resident.
- Parent Retirement – you have a child who is a New Zealand citizen or Permanent Resident and you are able to invest $1,000,000.00 in New Zealand for four years.
- Brother, Sister or Adult Child – you are a brother, sister or adult child of a New Zealand Citizen or Permanent Resident.
All applicants and their sponsors under the above policies also need to satisfy the general requirements of each policy including good health and character.
Family Temporary Applications
Applicants who only intend to come to New Zealand on a temporary basis who have family members in New Zealand who are New Zealand citizens or Permanent Residents may however qualify for either a Visitor, Work or Study Visa under the Family Category.
Our experienced team of immigration lawyers will be able to assess your particular circumstances and assist with all aspects of the New Zealand Immigration Family Category Policy.
Pacific Applications
New Zealand Immigration has developed specialised schemes allowing certain numbers of people wishing to immigrate to New Zealand from the Pacific Islands to apply for residence.
Samoan Quota Scheme
1,100 registrations from Samoa are drawn from a ballot, and the successful individuals, their partner‘s and dependent children are then invited to formally apply for residence in New Zealand.
Pacific Access Scheme
New Zealand immigration also recognises applications from other Pacific Islands through a specialised immigration scheme, including Kiribati, Tuvala, and Tonga.
75 registrations from Kiribati, 75 registrations from Tuvala, and 250 registrations from Tonga are drawn from ballots. The successful individuals, their partner‘s and dependent children are then invited to formally apply for residence in New Zealand.
The individuals drawn from the ballots under the Samoan Quota Scheme and the Pacific Access Scheme will then have to satisfy requirements including good health and character, minimum English language, minimum income, and an acceptable employment offer.
The immigration team at Layburn Hodgins are experienced in advising and assisting our clients from the Pacific in specialised applications for residency in New Zealand.
TEMPORARY WORK/STUDENT VISA
New Zealand Immigration allows a number of difference pathways to working in New Zealand.
These include:
- Temporary Work Permits under Essential Skills Work Policy or Family Stream Policy.
- Working Holiday visas. This is primarily for people aged 18 to 30 years old.
- Seasonal Work visas in the horticultural and viticulture industry.
- Our Silver Fern Policy. This policy is specifically designed to attract young skilled workers to New Zealand.
Student Visa
New Zealand Immigration will grant Student Visas to those applicants who intend to stay in New Zealand for more than three months and who meet certain rules and requirements relating to study, including:
- The name of the course and minimum time to complete the course.
- Proof the course provider meets New Zealand requirements for international students.
- The amount of the annual tuition fee.
- Whether you have to pay the course fees and whether the fees are domestic or foreign fees.
- Whether you are studying full time or part time.
- You meet the character and health requirements.
- You have sufficient funds to support yourself.
All applicants seeking to meet the criterion under both Work and Student Visa Policy will also need to meet the good standard of health and character requirements.
Our immigration lawyers are familiar with all aspects of Work and Student Visa Policy and would be happy to meet or discuss with you how we can assist with advice regarding the above policy criterion or assist with your applications to Immigration New Zealand.
CITIZENSHIP
There are 4 ways citizenship can be obtained in New Zealand:
- Citizenship by birth.
- Citizenship by descent.
- Adoption.
- Citizenship by Special Grant.
Our specialist team of lawyers are also able to discuss and assist with all aspects of your Citizenship Application process.
POLICIES CONCERNING VICTIMS OF DOMESTIC VIOLENCE
At Layburn Hodgins we recognise that circumstances involving domestic violence make it necessary to leave a relationship, either for the safety of yourself as an individual, or for your children‘s safety.
We wish to make our clients aware that if you have come to New Zealand from another country and are in a relationship with a New Zealand citizen or resident and have, or have intended to apply for residence on the basis of this relationship, and you feel that you cannot return to your country of origin because of stigma or lack of financial support, then our Immigration team will assist you in applying for a New Zealand work permit and, or an New Zealand residency. If your application is approved then you will not be forced to leave New Zealand or denied an application for residence if you leave your relationship with a New Zealand citizen or resident because of domestic violence.
Example
Roger and Sara live in Germany and have been married for two years. Roger is offered work in New Zealand and Roger and Sara agree that Roger will take up the opportunity of work in New Zealand and Sara will follow some time later. Roger moves to New Zealand and begins work. Roger loves New Zealand and applies and receives New Zealand residency. Some time later, Sara moves to New Zealand and intends to seek residence on the basis of her relationship to Roger who already has New Zealand residency. Unfortunately, Roger is not the person Sara remembers him to be and he is very abusive towards her. Sara is advised by her social worker that she should not continue her relationship with Roger because of the domestic violence she is suffering. Sara is scared because she does not wish to leave New Zealand because of the abuse she would face from her community in Germany, but she was relying on Roger‘s residency to allow her to succeed under her own application for New Zealand residency. Fortunately, Sara goes to see her immigration solicitor who assists her in applying for residency as a victim of domestic violence. Sara is successful in her application and is free to live in New Zealand as a New Zealand resident.
Our Immigration team work closely alongside our family law team to best support and assist our international clients and their family related matters. Whether or not you need immigration assistance, if you are suffering from domestic violence then our family law team can assist you by putting a Temporary Protection Order in place to protect you from any family violence.
At Layburn Hodgins, we value confidentiality as one of our highest priorities and work alongside our client‘s to best assist each individual in the circumstances.
DEMAND FOR SKILLED WORKERS TO ASSIST WITH CHRISTCHURCH CITY REBUILD - A NEW CANTERBURY SKILLS SHORTAGE LIST (CSSL)
Christchurch City and its surrounding region has been struck by several earthquakes over the past year. In the wake of these devastating earthquakes a large proportion of the City has suffered major damage to its infrastructure and to a large number of the City’s residential and commercial buildings.
As a result of these earthquakes the Department of Labour has reviewed recently its Essential Skills List and has identified a number of occupations in shortage which are required in the Canterbury region.
For Skilled Workers seeking rebuild work in Canterbury, a new list has been created (CCSL). This list identifies occupations where a temporary Work Visa will be facilitated.
The Department of Labour has indicated that where an applicant provides to an Immigration Case Office an Offer of Employment in Canterbury for an occupation that is included on this list, Immigration Officers will accept that no suitably qualified New Zealand citizen or residents are available.
