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Immigration Law- Visiting, Working and Residing in New Zealand
Immigrating to a new country can be a daunting and stressful experience, without the additional stress and worry about whether:
- you are applying for the right permit;
- you are applying under the correct policy or category;
- you are giving the correct information in your application;
- you are missing out information; and
- you have all the correct additional documentation.
If you are considering coming to New Zealand to visit, work or live, then an understanding of New Zealand’s immigration policies will be helpful.
Visiting New Zealand
Your country of residence dictates whether you are required to have a visitor’s visa to enter New Zealand. Therefore it may pay to visit the Immigration New Zealand website www.immigration.govt.nz prior to booking your trip to New Zealand to see whether your country is a visa-free country or whether a visitor’s visa is required.
If your country is a visa-free country then you may enter New Zealand for 3 months without having to apply for a visa. If you intend to stay in New Zealand for longer than 3 months then you will need to apply for a visa well before this initial period expires. The application approval process is a lengthy one and if you are in New Zealand without a visa after the expiry of this initial period you will be required to leave New Zealand Immediately.
If your country is not a visa-free country, then you will need to obtain a visitor’s visa prior to your arrival in New Zealand. Without it, you will be refused entry.
Once a visitor’s visa is obtained, the maximum stay is for 9 months within any 18 month period.
Working in New Zealand
Temporary work permits are available for those who:
- have a job offer from a New Zealand employer;
- need to come to New Zealand for a specific purpose;
- are a student or trainee and would like to work in New Zealand; or
- want to join a partner and work.
Temporary work permits are available under two polices: the Immediate Skills Shortage Policy or the General (other) Work Policy.
Under the Immediate Skills Shortage policy, Immigration New Zealand may grant a work permit for up to 3 years to an applicant who has an offer of employment in an occupation for which there is a shortage of skilled workers in New Zealand.
Under the General (other) work policy, if you have a job offer from a New Zealand employer in an occupation not on the immediate skills shortage list, you may be able to get a temporary work permit for up to 3 years.
Residing in New Zealand
There are four different categories under which you can apply for permanent residence in New Zealand. They are:
- The Skilled Migrant Category
- Business and Investment - Entrepreneur Category
- Family Category
- Work to Residence Category.
Skilled Migrant Category
If your occupation is listed on the Immediate Skills Shortage List or the Long Term Skills Shortage List then you may be successful in gaining permanent residence under this category.
To apply under the Skilled Migrant Category, you must complete an Expression of Interest (EOI) application. With an EOI you gain points for factors such as qualifications you have obtained and your work experience. If you have a points value of 100 or more and your application is approved, you are added to a pool. Approved applications with a points value of 140 or more are automatically pulled from the pool and the applicant is sent an invitation to apply for residence. Applications with points values of less than 140 are pulled out periodically and invitations sent.
Business and Investment- Entrepreneur Category – Long Term Business Visas
This category is available to those who wish to come and establish a business in New Zealand.
Requirements under this category include having a sound business plan and evidence that you have sufficient funds, above and beyond your investment funds, to support yourself and any partner or children coming with you.
If your application is approved, in the first instance you will be given a work permit which will expire after 9 months. This is intended to allow you time to take steps to set up your business, following which immigration will review your application. If you can show that you’re making reasonable progress in establishing your business then they will normally grant you an additional work permit to take your stay up to 3 years. After 3 years you may then apply for residence under the Entrepreneur category.
Family Category
You may apply for Residence under the family category if you have an immediate family member (who is already a New Zealand permanent resident or citizen) sponsor your application.
A further requirement is that you must not have any other immediate family members in your country of citizenship.
Work to Residence Category
Working temporarily in New Zealand can be used as a step towards gaining residence.
If you have talents that are needed by New Zealand employers, or you have an exceptional talent in the arts, culture or sport, you can apply to work in New Zealand under the Work to Residence Category.
A successful applicant under this category will be granted a work visa for 30 months. After 2 years working in New Zealand or actively engaged in your field of talent, you can apply for residence.
CONCLUSION
Immigration is an important area to get right, as so many times immigrants are not aware of the restrictions and requirements that our Immigration policies place on them and therefore they unknowingly jeopardise their entitlement to visit, work or reside in New Zealand.
At Gaze Burt we can now assist you by providing general immigration advice, including identifying what immigration policy is best suited to your personal circumstances. We can attend to your visitor, work and residency applications. If you would like to discuss any of the topics in this article further, please contact Rebecca Stevenson in our city office or complete our online General Immigration Inquiry Questionnaire
Printed from Gaze Burt Website www.gazeburt.co.nz
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