Becoming a New Zealand Resident
The New Zealand Immigration Service (“NZIS”) is responsible for administering New Zealand immigration. NZIS operate under immigration policy set by the Minister of Immigration.
There are a number of different categories that enable people to become a New Zealand resident. Broadly speaking however there are three main categories. These are the Skilled Migrant, Family and Business Residence categories. A brief summary of the base requirements for each of these categories, as at the date of this article, is provided below.
Skilled Migrant Category
This is a points based system. Applicants are awarded points for various attributes such as offers of skilled employment, recognised qualifications, skilled work experience and age. Bonus points are awarded for other attributes such as an offer of skilled employment for a partner, a partners recognised qualification and an offer of skilled employment outside of Auckland.
Potential migrants, when claiming points under this category, often overlook the criteria that employment be “skilled” and that qualifications be “recognised”. It is important to ensure that your offer of employment, qualifications and work experience do meet the criteria required by the NZIS to ensure you can claim points for them.
The initial stage involves completing an Expression of Interest. Applicants with over 140 points will automatically be selected from this pool and invited to apply for residence. Applicants with between 100 and 140 points that have a job offer will be ranked and selected depending on numbers required to meet the immigration programme at the time.
Once invited to apply an applicant must prove all claims made in the Expression of Interest to the satisfaction of NZIS.
BUSINESS RESIDENCE CATEGORIES
Investor Category
This category requires an applicant to have at least five years’ business experience and have NZ$2 million to invest for a period of five years with the New Zealand Government.
Business experience means having at least 25 per cent of a lawful business or having management experience in the planning, organisation, and control of the activities of a business.
The investment funds must be owned by the principal applicant or jointly with the spouse of the principal applicant and/or children included in the application. The investment funds must have been legally earned or acquired and be unencumbered.
An Expression of Interest step is also a feature of this category. If, from the information provided at the Expression of Interest stage, NZIS determine an applicant is likely to meet the criteria for residence under this policy, the applicant will be invited to apply for residence.
This category has proven to be extremely unpopular with potential investors since its introduction in July 2005. There are various reasons for this and there have been suggestions that a change is likely in the near future.
Long Term Business Visa
The Long Term Business Visa does not provide permanent residence. This policy has been formulated to allow a successful applicant under this category to subsequently apply for residence under the Entrepreneur Category.
The minimum requirements for a LTBV application to be successful are:
- satisfactory business plan;
- have investment capital;
- have funds for maintenance and accommodation for applicant and accompanying family
- meet English language requirements.
A proposed business must benefit New Zealand and various factors are considered. Experience in managing a similar business is important. Detailed knowledge of the New Zealand market is also necessary.
Entrepreneur Category
If a person has successfully run a business in New Zealand under the LTBV then that person may be granted residence under the Entrepreneur Category. The business must have been running for at least two years and have been run according to the business plan.
Family Category
The spouse, de facto partner, parent, sibling, adult child of a New Zealand citizen or resident can apply for residence under this category. The New Zealand relative must sponsor the application.
A parent, sibling or adult child must have a New Zealand relative that is 17 years of age or older, have been a New Zealand citizen or resident for a minimum of 3 years and have spent at least 184 days or more in New Zealand in each of the three 12 month periods immediately preceding the application.
A spouse or de-facto partner must be able to demonstrate that they have been living with a New Zealand citizen or resident for 12 months or more in a partnership that is both genuine and stable.
Health and Character
All categories require minimum standards of health and character.
Health Requirements
Without being specific, applicants must meet an acceptable standard of health to ensure they do not:
- become a burden on the health service, or require extensive medical treatment or care; or
- cause others to become ill.
Character Requirements
Individuals looking to come to New Zealand on temporary visas/permits must be of good character and not pose a security risk. Individuals intending to stay in New Zealand for 24 months or more must provide police certificates from any country in which they have lived for over 12 months in the last ten years and their country of citizenship.
WILLIS TOOMEY ROBINSON
Our immigration team has experience in handling all sorts of applications from Family, Skilled Migrant, Business Investors and Long Term Business Visas to Work visas/permits. We offer a comprehensive service.
We have found the most important and difficult aspects of the immigration process are:
- ensuring that potential migrants are eligible to be granted residence or the visa/permit they require; and
- that the application is handled by someone that can anticipate potential delays and problems.
These areas are where the experience and skill of our team can ensure an application is both successful and handled as efficiently as possible. Although the basic requirements of the various policies can appear clear, immigration policy is extensive. There are many requirements that applicants must meet to be successful.
If you are interested in finding out more about how we can assist you please contact Erin Gibson at egibson@wtr.co.nz.