Skilled Migrant Visa

Skilled migrant category

Can you answer 'yes' to the first question and to most of the others?

• Are you aged under 56?
• Have you been offered a job in New Zealand?
• Do you have a tertiary or trade qualification?
• Do you have at least two years work experience?

The main category of New Zealand residence is the Skilled Migrant Category

Under this category, residence will be granted to people who demonstrate that they:

1. Have the skills to fill identified needs and opportunities in New Zealand
2. Are able to transfer those skills to New Zealand in line with local needs and opportunities
3. Are able to demonstrate an ability to contribute to New Zealand both economically and socially
4. Are able to demonstrate an ability to successfully settle in New Zealand

It is also important to note that the Skilled Migrant Category is not a passive application for New Zealand residence. This means that an application for New Zealand residence cannot be made directly to the INZ office and the application processed. An initial electronic application must be submitted to Immigration New Zealand for their review. A decision will be made by Immigration New Zealand as to whether or not to actually invite you to apply for New Zealand residence.

Accordingly, a successful application for New Zealand residence under the SMC requires a two stage process.

Expression of interest

The first stage of a successful application for New Zealand residence under the SMC is the submission of an Expression of Interest to Immigration New Zealand. Mark Manhire will complete all EOIs to be submitted to INZ on behalf of our clients.

It is imperative that the information and advice provided in the EOI is accurate and complies with Immigration New Zealand policy, as the EOI itself will form the basis of the decision of INZ to invite the applicant to apply for New Zealand residence. It is important to understand that if an EOI is declined, there is no right of appeal.

Completed EOIs are submitted and enter a "pool", as long as the applicant has (correctly) claimed a minimum of 100 points. Depending on the points claimed and the circumstances of the applicant the EOI submitted to the SMC pool will be ranked in the following order or priority:

Type A applicants claiming 140 points or more that includes either current or an offer of skilled employment

Type B applicants claiming 140 points or more although their application does not include current or an offer of skilled employment

Type C applicants claiming 100 to 135 points that includes current or an offer of skilled employment

Type D applicants claiming at least 100 points that includes a claim of at least six years of full time work experience in an area of absolute skill shortage

Type E applicants claiming at least 100 points which includes a claim of at least two years of work experience in an area of absolute skill shortage

Type F applicants claiming at least 100 points that includes a claim for points for a recognised qualification in an area of absolute skill shortage

Type G every other EOI claiming the minimum of 100 points

Selection from the pool

EOIs of type A, B, and C will be selected from the SMC pool on every draw (every second Wednesday).

Type D, E, F, and G applications may be selected and invited to apply for New Zealand residence based on additional selection criteria that is set by INZ every six months.

The New Zealand Government operates strict immigration criteria and controls the numbers of individuals applying for and obtaining New Zealand permanent residence per year. The number of EOIs then selected from the SMC pool, and ultimately invited to apply for New Zealand residence, depends directly on the numbers of applications for New Zealand residence being processed in the system and whether or not the New Zealand Government is close to reaching their migration target.

Type A, B, and C applications are most desirable, in order, for an individual to qualify for New Zealand residence. Type D, E, F, and G (in that order) are ranked, and a decision is made by the Government every selection date as to what types of application are accepted. For example, individuals with type D applications in most instances will be selected from the SMC pool to undertake further verification. However, type D, E, F, and G applications are not guaranteed to be selected from the SMC pool for verification.

These additional selection criteria ranks, in descending order, the priority of EOIs selected from the SMC pool. In essence, the lower the type of your application, the less likely you will be selected from the SMC pool to receive an invitation to apply for New Zealand residence.

Currently, the additional selection criteria are as follows:

Type D applications claiming six or more years of work experience in an area of absolute skill shortage (in descending order of their points total). If there are more available places, then:

Type E - applications claiming two years of work experience in an area of absolute skill shortage (in descending order of their points total). If there are more available places, then:

Type F applicants holding a qualification in an area of absolute skill shortage (in descending order of their points total).

If there are more available places, then:

Type G all other applications left in the pool (in descending order of their points total)

For obvious reasons, an individual who is in a type G application, claiming a minimum of 100 points, is not in a favorable position. EOIs submitted to the SMC pool are valid for a period of six months. If the EOI is not selected within that six month period, the EOI lapses and a second application would need to be made in order for the application to be submitted to the SMC pool for further draws.

In reality, however, no EOI application should be tendered to the SMC pool unless it will be selected and the individual invited to apply for New Zealand residence. No EOI submitted by this firm to the SMC pool has ever lapsed.

The main issue with EOI applications is individuals miscalculating their points allocation, as they do not hold the required understanding of the policy that applies in terms of the points criteria. It is in your interest to get the application right the first time. If we believe you will not be selected from the SMC pool and invited to apply for New Zealand residence we will not accept instructions from you to assist in the immigration process.

Invitation to apply for New Zealand Residence

After your EOI has been selected from the SMC pool, INZ will undertake a preliminary verification of the information supplied to ensure that the points allocation has been calculated correctly and to be satisfied that there is a case for New Zealand residence.

Once the verification process is undertaken, an invitation to apply for New Zealand residence is issued. Although, it is very important to understand that receiving an invitation to apply for New Zealand residence is not a guarantee that New Zealand residence will be granted.

An invitation to apply for New Zealand residence allows an applicant to tender their formal application for New Zealand residence under the Skilled Migrant Category to Immigration New Zealand, although the application will be processed against full SMC policy criteria. It is at this stage of the process that the applicant will be required to provide the evidence of information recorded in their Expression of Interest.

Once an invitation to apply has been issued and the applicant has submitted a full SMC application, the next stage of the process for INZ will be to decide whether or not the individual has demonstrated an ability to settle and contribute to New Zealand. This is a very important part of the process.

Applicants who are deemed by INZ to have demonstrated an ability to settle and contribute to New Zealand will be granted permanent residence outright. In order to be granted New Zealand permanent residence outright, an individual must either:

1. Hold an offer of skilled employment or be in current skilled employment in New Zealand, or
2. Have undertaken full-time study for at least two years in New Zealand that resulted in:

a. the award of a Doctorate or Masters Degree, or

b. a qualification in an area of identified future growth or relevant to an occupation in absolute skill shortage

Applications that have not been able to demonstrate an ability to settle and contribute to New Zealand by one of the above means are required to undertake a further assessment of their ability to realise their potential to successfully settle and contribute to New Zealand.

There are three outcomes at this part of the assessment:

Residence Grants

If an applicant is able to demonstrate that he or she has high potential to readily obtain skilled employment in New Zealand, residence will be granted subject to any conditions.

12 Month Deferral

If an applicant has not demonstrated an ability to settle and contribute to New Zealand, INZ will grant a 12-month work visa in order for the individual to travel to New Zealand and obtain full time employment in New Zealand as they have demonstrated a potential to settle and contribute.

Residence Declined

If INZ believe that the applicant has failed to demonstrate either an ability to settle and contribute or having the potential to settle and contribute, the application will be declined. This is very rare.

In most instances, where a further assessment is undertaken, INZ will offer a 12-month open work visa to allow the main applicant to travel to New Zealand to source a full-time offer of skilled employment. Once the applicant has worked in that position for a period of 3 months (within the 12-month visa period) INZ will grant New Zealand residence to the individual.

Complexity

The information provided above regarding the SMC provides a general summary regarding selection criteria, although it does not provide any detailed advice as to how an individual can claim the points required in order to reach the most desirable type of EOI/SMC application. The information contained in this website, and also the INZ website, will lead you to the logical conclusion that there is far more to submitting an SMC application than merely filling in a form. If you would like Mark Manhire to undertake a full assessment as to whether or not you do have a chance of securing New Zealand residence we would encourage you to complete our online assessment form.

We will respond to you within five working days with our initial opinion as to whether or not you potentially qualify for New Zealand residence.

How does it work?

In most applications, the main applicant will require a full-time offer of skilled employment to obtain New Zealand permanent residence. The main question that is posed at the initial stage of the process is: how is this achieved? The easiest way to set out how the process is completed, from first contact with Mark Manhire to the eventual grant of New Zealand residence, is by contacting Mark Manhire. However, a point needs to be made that every individual case is different, and, depending on your personal circumstances, a different or slightly varied option to the route set out in the flow chart below may be required.

Mark Manhire will tailor his advice and assistance to your particular circumstances. For some applicants, one way of obtaining New Zealand residence may not suit another. Not only are there technical qualifications that need to be adhered to, there are also the practical considerations of actually transferring your lives from one side of the planet to the other. Mark Manhire will provide detailed information as to how the process is undertaken, although full tailored advice will be provided in our first telephone discussion or meeting once you have determined that you would like Mark Manhire to assist you.