Migration Myths
- Immigration applications are assessed and decided upon on the basis of the policy applying at the time the application is accepted for lodgement by Immigration New Zealand. Policy changes after this date have no impact on the application processing.
- It is not always necessary for applications for residence under the Skilled Migrant Category to include an offer of skilled employment and about 40% of SMC Expressions of Interests (EOIs) are selected without an employment offer.
- An Expression of Interest (EOI) is not an immigration application and there are no appeal rights if an EOI is declined.
- New information can be added or taken into account with any immigration application up until a decision is made – ie; an offer of skilled employment can be added to an EOI/SMC residence application at any time.
- There is no additional benefit attributed to EOI/SMC applications which have a higher points total above the minimum selection criteria, although applications which include an offer of skilled employment tend to get processed quicker.
- Not all offers of employment will satisfy the policy requirement to be assessed as skilled employment under residence policy and this is the main problem area for SMC applicants. Skilled employment is a policy definition and is not relevant to the skill level of the job.
- Several jobs listed on the Immigration NZ Skills in Demand lists do not meet the criteria of skilled employment required for an SMC residence application.
- 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.
- Work visa applications must include an offer of employment with the only exceptions being work applications made on partnership grounds, or under graduate job search policy.
- 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.
- 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.
- Some policies have an age limit for the principal applicant but there is no age limit applying to the applicant’s partner under any category.
- 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.
- Generally speaking, children under 25 years can be included in residence applications providing they are financially dependent, single and have no children of their own.
- Partners of New Zealand citizens or residents or of long term work visa holders (and certain student visa holders) are issued open work visas. An open work visa allows the holder to work in any role for any employer and to be self employed.
- New Zealand immigration advisers can only be licensed by the Immigration Advisers Authority (www.iaa.govt.nz)
- 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).
- New Zealand recognises that a person can hold multiple nationalities and can hold several different passports in addition to a New Zealand passport.
- Any person can apply for an Inland Revenue (IRD) number.
- Tax residence and immigration residence are two completely different issues and should not be confused.
- Any person can purchase a residential property or open a bank account in New Zealand. You do not have to hold any particular permit type, or even to be in New Zealand, to do so.
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This page was last updated on 25 September 2009