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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 application?
A - Current Immigration policy states that an offer of skilled employment is a mandatory requirement unless you score 140 points via other means i.e. qualification and bonus points. However, if your occupation is in an Area of Absolute Skill Shortage (otherwise known as the Long Term Skill Shortage List), It is not always necessary for applications for residence under the Skilled Migrant Category to include an offer of skilled employment.
Q - I have been selected from the Pool; does this mean I have been approved residency?
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 always be selected from the pool, but dependent on the verification process will depend whether you are then invited to apply for residency.
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 processed first, 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 and moreover, the job title & description must be included within Levels 1, 2 or 3 of the Australian New Zealand Standard Classifications Occupations (ANZSCO) to also be considered acceptable employment.
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 / permit 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 Residency?
A - Do not confuse Work-to-Residency with the Skilled Migrant Category (SMC). Work-to-residence is an often misunderstood and overstated visa category. Most people who initially apply for a work-to-residence visa can directly and immediately apply for residence under the Skilled Migrant Category (SMC) at the outset and do not have to work for 24 months first.
Q - Do I need an offer of skilled employment for a work visa?
A - Work visa & permit applications must include an offer of employment with 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 and permits 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 56th birthday
- Partner of the principal applicant - there is no age limit
- Work Visa / Permit - there is no age limit
Q - I have just lodged my application for residency, how long before I received an answer?
A - There is no standard processing time for immigration applications although Immigration NZ Branches will advise of an expected timeframe following application lodgment. 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 year can be included in residence applications providing they are financially dependent, 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.
Information provided by
Glen Standing, Director of Immigration, Living New Zealand
Licensed Immigration Adviser 200800361
NZAMI Practicing Member
31 August 2010
