immigration

IMMIGRATION TO NEW ZEALAND

INTRODUCTION

New Zealand has two kinds of visas: nonimmigrant and immigrant visas. In the following discussion on nonimmigrant visas, the focus will be on visitor and employment visas. An immigrant visa is issued to one who qualifies for permanent residence in New Zealand under the General Skills Category, Business Investment Category, Family Category, or Humanitarian Category.

NONIMMIGRANT VISAS
A. Visitor visas and visitor permits
British citizens and other British passport holders who have evidence of the right to live permanently in the United Kingdom may be granted a Visitor Permit valid for 6 months on arrival. Citizens of one of the following countries which have visa waiver agreements with New Zealand may also visit New Zealand for up to three months without a visa:
Argentina Austria Bahrain Belgium Brazil Brunei Canada Czech Republic Denmark Finland France Germany Greece Hong Kong (SAR/BNO) Iceland Ireland Israel Italy Japan South Korea Kiribati Kuwait Liechtenstein Luxembourg Malaysia Malta Monaco Nauru Netherlands Norway Oman Portugal* Qatar Saudi Arabia Singapore South Africa Spain Sweden Switzerland Thailand Tuvalu United States** Uruguay

* Portuguese passport holders must have the right to live permanently in Portugal.
** Includes American citizens from American Samoa and Swains Island

Effective 1 October 1998, Hong Kong British National Overseas and Hong Kong Special Administrative Region passport holders may visit New Zealand visa free for a maximum stay of 3 months. Certificate of Identity (“C.I.”) and Document of Identity (“D.I”) holders still need to apply for a visitor visa.
Documents required for a visitor visa application include:
. the applicant’s valid passport or travel documents (which must be valid for at least three months beyond the date on which the applicant intends to depart from New Zealand);
. one passport-sized photograph;
. evidence of funds from the applicant to support himself or herself while in New Zealand (NZ$1,000 for each person per month, or NZ$400 for each person per month if the applicant’s accommodation has already been paid). The funds can be in the form of cash, traveler’s cheques, bank drafts, letters of credit or credit cards. If the applicant is unable to produce sufficient funds, the applicant will need a letter of guarantee of accommodation and maintenance from a friend or relative in New Zealand; and
. letter of leave from employer and return or onward tickets.
. the appropriate application fee.
Procedure:
. the applicant should lodge the documents listed above with the New Zealand Commission overseas;
. the New Zealand Commission will require about two to three days to process the application;
. the visitor visa, once issued, will entitle the applicant to enter New Zealand and be eligible for a visitor permit upon arrival.
A visitor permit normally entitles the applicant to a single entry for a three month stay in New Zealand. This is extendable for up to a maximum of twelve months if the applicant is able to demonstrate sufficient funds to support himself or herself, or demonstrate guaranteed support from a friend or relative.

B. Work visas and work permits
Except for Australian citizens or residents, any foreigner who intends to work in New Zealand must first apply for a work visa.
To apply for a work visa, applicant must produce an offer of employment from a New Zealand employer. The sponsoring employer has to prove to the New Zealand Immigration Service (“NZIS”) that they meet the requirement as a sponsoring company and they cannot find a suitable New Zealand citizen / resident to fill the post. NZIS will conduct a labor market test. If NZIS reviews the application favorably, an approval in-principle will be issued. The applicant should then lodge his or her work visa application at the New Zealand Commission in the country of origin.
Documents required include:
. the in-principle approval from NZIS;
. completed Application for Work Visa Form;
. travel document (which must be valid for at least three months beyond the date on which the applicant intends to depart from New Zealand);
. supporting documents evidencing that the applicant meets the necessary New Zealand certification or registration requirement and related work experience;
. one passport-sized photograph;
. original written job offer, signed and dated by the employer; and
. visa fee.
Procedure:
. the applicant should lodge all the documents listed above with the New Zealand Commission;
. the processing time will vary, depending on the merits of each case.
A work visa, once approved, will be stamped in the applicant.s travel document before departure for New Zealand. Once issued with a work visa, the applicant will be eligible for a work permit upon arrival in New Zealand.
A work permit, if issued, will be for a period from three months to three years each time, depending on the length of the employment contract or job guarantee. Requests for further extensions must be made while the work permit is still current.

IMMIGRANT VISAS
A. General Skills Category
The New Zealand Immigration Service adopted a new points system (effective 30 October 1995) to assess applicants under the General Skills Category. Applicants may score points for the following:
. qualifications factors - applicants not awarded 10 points or more for qualifications will not be approved in the General Skills Category
. employability factors - which considers the applicant’s age, work experience, New Zealand offers of employment; and
. settlement factors - such as available settlement funds, spousal qualifications, New Zealand work experience and the existence of family sponsorships.

a. Qualifications
Points are scored as follows:
Points
New Zealand base qualification or equivalent overseas qualification:
a degree, diploma or trade certificate of a minimum of 3 years training,
study or work experience 10
New Zealand advanced qualification or equivalent overseas qualification:
a minimum of 1 year of training, study or work experience and builds on
a base qualification 11
New Zealand masters degree or higher or equivalent overseas qualification 12
An additional one point may be awarded if the applicant has completed a qualification in New Zealand
Note:
. An applicant can only obtain points for one qualification.
. Partially completed qualifications will not be accepted.
. The applicant.s qualification must be of a comparable standard to a New Zealand qualification.
. An applicant claiming points for a qualification in an occupation where professional registration
is required by law in New Zealand, must gain full registration before points will be awarded.

b. Employability
Work experience
The work experience must be relevant to the qualification for which applicants are allocated points. Applicants must score a minimum of 1 point for work experience. Applicants cannot count work experience which was an integral part or course requirement of the qualification for which they are allocated points.
Points are scored as follows:
2 years 1 point
4 years 2 points
6 years 3 points
8 years 4 points
10 years 5 points
12 years 6 points
14 years 7 points
16 years 8 points
18 years 9 points
20 years 10 points
Foreign Students completing a General Skill-recognized qualification in New Zealand will generally be exempt from the requirement to have 2 years work experience.
Offer of employment
Applicants can be allocated 5 points if they have a genuine offer of employment in New Zealand.
The offer of employment must be:
. for ongoing employment by a single employer;
. for full-time employment; and
. current at the time of application.
The employment must be permanent, or for a term of at least 12 months with an option of further terms after that. The employment must be relevant to the qualification for which points are allocated.
An offer of employment must be validated by providing the following:
. an employment contract entered into by the employer and the applicant, which includes:
- the terms of employment
- the hours of work
- the period during which employment may commence;
. a detailed job description;
. a letter from the employer stating whether or not any professional or technical trade registration is required for the applicant to take up the employment offered in New Zealand;
. details from the employer or recruitment agency of when and how often the job was advertised, how many applications were received and how many applicants were interviewed, and why the applicant was the successful candidate;
. the results of any verification undertaken by the New Zealand Immigration Service; and
. any other information that the New Zealand Immigration Service thinks fit to request.
Age
Points for age are allocated as follows:
Age Points
18-24 8
25-29 10
30-34 8
35-39 6
40-44 4
45-49 2
50-55 0
Age is determined at the time the application is lodged.
Applicants, who are 56 or above, cannot be approved under the General Skills Category.

c. Settlement factors
An applicant may be assigned a maximum of seven points for any combination of the following factors:

Settlement Factor
Settlement funds - Points are awarded for the amount of debt free funds the applicant has
available to set up home in New Zealand (e.g. buying a house, furniture, car, etc.).
? NZ$100,000 1
? NZ$200,000 2
An applicant must demonstrate that the funds have been transferred to a New Zealand
trading back prior to the visa being issued.
Spousal qualifications - A principal applicant with a spouse or partner, if included in the
application, may gain additional points if the spouse or partner has certain academic
qualifications.
? Base qualification 1
? Advanced qualification 2
New Zealand work experience - Work experience in New Zealand gained on a lawful
permit will enable the applicant to obtain additional points.
? 1 year 1
? 2 years 2
Family Sponsorship - An applicant who is sponsored by a close family relative will be
assigned three additional points. A sponsor must:
? Be 17 years of age or over; and 3
? Be a New Zealand citizen or resident; and
? Have been lawfully and permanently living in New Zealand for at least three years; and
? Be a parent, brother, sister or child of the principal applicant or the principal applicant’s
spouse.
A family sponsor is responsible for:
? Providing information and advice about settling in New Zealand; and
? Ensuring financial support and accommodation is available to the applicant for the first
12 months as a resident in New Zealand.

B. Business Investment Category
The NZIS adopted a points system (effective 30 October, 1995) to assess applicants under the Business Investment Category. In assessing an applicant’s qualifications under this category, the New Zealand government takes into account the business background of the applicant, the applicant’s academic qualifications, the amount of accumulated earnings funds and direct investment funds available, and the applicant’s age. The current pass mark is 12 points.

a. Human capital and investment capital factors
Business experience
An applicant may be awarded up to a maximum of five points for business experience. Business experience is defined as a minimum of two years owning and managing a lawful business, or senior management experience in a lawful business enterprise.
Experience Points
2 years 1
4 years 2
6 years 3
8 years 4
10 years 5
Accumulated earnings funds
Accumulated earnings funds are defined as funds which are owned by the principal applicant and have been lawfully earned by the principal applicant as a result of his or her business experience.
Upon approval in principle of an application, the applicant must transfer the funds to New Zealand through the trading bank system into an acceptable investment for a minimum of two years. Acceptable investments of accumulated earnings funds are those which are invested in New Zealand and are, under normal circumstances, capable of providing a commercial return on the funds invested.
Unacceptable investments of accumulated earning funds are those which are utilized in New Zealand for the applicant’s own personal use. Personal use includes investment in assets such as a personal residence, car, boat or similar asset.
One point is awarded for a minimum of NZ$1,000,000 investment in an acceptable investment in New Zealand, with one additional point for each additional NZ$500,000, up to a maximum of eleven points for NZ$6 million investment in New Zealand for a minimum of two years .
Direct investment funds
An applicant may opt to invest part of his or her accumulated earnings funds in direct investments. Direct investment is defined as the investment of funds used to acquire a significant influence in the management of an enterprise in New Zealand. The applicant must acquire 25% or more of the enterprise.
Accumulated earnings funds may, in part or in whole, be nominated as direct investment funds. Additional points will be awarded for any amount nominated as accumulated earnings funds that also meet the requirements for direct investment funds. To qualify for direct investment points, the applicant must invest a minimum of NZ$750,000 in a New Zealand enterprise.
Investment Funds Points
NZ$750,000 3
NZ$1,250,000 4
NZ$1,750,000 5
Age
Beginning on 26 July, 1999, the New Zealand government will take into consideration the applicant’s age in this category.
Age Points
25-29 years 10
30-34 years 9
35-39 years 8
40-44 years 6
45-49 years 4
50-54 years 2
55-64 years 0
65-74 years -2
75-84 years -4
A maximum age limit of 84 exists in the Business Investment Category.

b. Settlement factors
Applicants under this category are awarded a maximum of seven points for settlement factors such as available settlement funds, New Zealand business experience, spousal qualifications, and family sponsorship. The assessment is similar to that under the General Skills Category above.

C. Family Category
Family reunion
If the applicant is applying under any of the family reunion policies, the applicant needs to have a sponsor who is living in New Zealand lawfully and permanently.
If the applicant is a parent, the applicant is eligible to be reunited with his or her adult children in New Zealand provided:
. all his or her adult children are living permanently outside the applicant.s home country; OR
. (if the applicant has no dependent children) the applicant has an equal or greater number of adult children lawfully and permanently resident in New Zealand than in any other single country including the applicant’s home country (Centre of Gravity Principle);OR
. (if the applicant does have dependent children) the applicant has an equal or greater number of adult children lawfully and permanently resident in New Zealand than in any other single country, including the applicant’s home country (Centre of Gravity Principle); and the number of dependent children is the same as or less than the number of adult children resident in New Zealand.
Unmarried dependent children, under nineteen years of age, are eligible for residence if they:
. are single;
. are joining their parents in New Zealand;
. have no children of their own;
. their parents are lawfully and permanently living in New Zealand; and
. they were declared in their parents’ application for residence in New Zealand or were born to their parents after the lodgment of the their parents’ application; and
. totally or substantially reliant on their parents for financial support, whether living with them or not.
Single adult brothers, sisters, and children of New Zealand citizens or residents (single includes divorced or widowed) are eligible for residence provided that they have no children and are permanently alone in their home country.
Spouses/partners
A partnership with a New Zealand citizen or resident such as a legally married husband or wife, or a de facto or homosexual partner living together in a genuine and stable relationship may allow the applicant to qualify for residence.
Note:
. Approval for residence is not automatic for spouses or partners.
. An interview may be held for both partners.
. De facto partners of New Zealand citizens or residents may be considered for residence provided that the relationship is considered to be genuine and stable and for at least two years before the application is assessed.
. Homosexual partners of New Zealand citizens or residents may be considered for residence provided that the relationship is considered to be genuine and stable and of at least four years duration.

D. Humanitarian Category
In this category the applicant will need to satisfy all the following requirements:
. be able to provide evidence of who is being affected and what is causing the physical or emotional harm;
. has a sponsor who is a New Zealand resident or citizen and a close family member willing and able to support the application;
. be able to provide evidence of why the applicant thinks the granting of residence in New Zealand will resolve the situation; and
. it would not be contrary to the public interest to allow the applicant to reside in New Zealand.

Compulsory requirements for all residence categories
(1) English language requirements
(A) General Skills category:
Principal applicants
a. Principal applicants in the General Skills category must meet a minimum standard of English.
b. Principal applicants in the General Skills category who do not meet the minimum standard of English may instead pre-purchase ESOL tuition, if at the date their residence application is lodged, they:
i have been working lawfully in New Zealand for the 12 months before the date the residence application is lodged, and
ii meet all other requirements for approval under the General Skills category.
Spouses or partners and dependent children
Spouses or partners and dependent children aged 16 and older, who are included in General Skills category applications, may either:
a. show that they meet a minimum standard of English, or
b. pre-purchase ESOL training.
The amount of ESOL tuition to be pre-purchased is determined by the applicant’s average IELTS score across all four bands, according to the following table.
Average IELTS score Charge to be paid ESOL entitlement
4.5 or more NZ$1,700 NZ$1,500
4 or more, but less than 4.5 NZ$3,350 NZ$3,000
3.5 or more, but less than 4 NZ$5,000 NZ$4,500
Less than 3.5 NZ$6,650 NZ$6,000
The charge includes the applicant’s ESOL tuition entitlement, as well as the NZIS and Skill New Zealand administration costs.
If an applicant has not submitted IELTS results when requested, the maximum charge of NZ$6,650 applies.
Failure to pre-purchase ESOL tuition
Any ESOL tuition charge due must be paid before a residence visa is issued or a residence permit is granted; and if it is not paid to the NZIS within the specified time, the residence application will be refused.
(B) Business Investment Category
Principal applicants for residence under the Business Investment Category must meet a minimum standard of English or pre-purchase ESOL tuition to the required level.
Spouses or partners and dependent children
Spouses or partners and dependent children aged 16 years and over, who are included in Business Investment Category application, may either:
a. show they meet a minimum standard of English, or
b. pre-purchase ESOL training.
The amount of ESOL tuition to be pre-purchased is determined by the applicant.s average IELTS score across all four bands, according to the following table.
Average IELTS score Charge to be paid ESOL entitlement
3.5 or more, but less than 4 NZ$1,700 NZ$1,500
Less than 3.5 NZ$3,350 NZ$3,000
The charge includes the applicant’s ESOL tuition entitlement, as well as the NZIS and Skill New Zealand administration costs.
If an applicant has not submitted IELTS results when requested, the maximum charge of NZ$3,350 applies.

(2) Character clearance
To qualify for residence in New Zealand, the applicant must meet certain character requirements.
Section 7 (1) of the Immigration Act sets out specific categories of persons who are not eligible. These include persons, who have been convicted and sentenced to prison for five years or more, convicted and sentenced for one year or more during the last ten years, or reasonably believed to be associated with criminal groups or constitute a danger to New Zealand.
Over and above these categories, persons who have been sentenced to imprisonment, or have an arrest warrant (or equivalent) outstanding in any country; who have misled NZIS on any application; or who are charged with or under investigation for offences of the type listed above will not normally be granted residence.

(3) Police certificates
Police certificates are required for every person seventeen years or over.

(4) Health certificates
The applicant, and every person included in the application, will need to be assessed by NZIS to be of acceptable standard of health. Fully completed medical certificates will be required from everyone included in the application. X-ray certificates will be required for everyone except pregnant women and children under twelve years.

(5) Settlement fee
The new settlement information fee and migration levy took effective on 1 August 1999. These fees are payable after notification that the application has been approved in principal and must be paid before residence permits are granted or residence visas issued.
. Settlement information fee - NZ$90 (HK$420) is payable for the principal applicant. This levy applies to all categories of migration, including General Skills, Business Investment, Family, and Humanitarian categories, except applicants granted residence because they are refugees or citizens of Western Samoa.
. Migrant levy - NZ$220 (HK$1020) is payable for each person included in an application, up to a maximum of NZ$880 (HK$4080) per family. This fee applies only to all applications in the General Skills and Business Investment categories.

CITIZENSHIP
After being ordinarily resident in New Zealand for three years, a New Zealand permanent resident is eligible to apply for New Zealand citizenship. Brief absences such as holidays and business trips during the three year period will not affect the continuity of the qualifying period. However, prolonged absences such as living or working outside New Zealand during the three year period will jeopardize the permanent resident’s chance of acquiring New Zealand citizenship.