Immigration

Immigration settings change often. We keep up to date so your application is accurate, complete and well evidenced, and we plan the strategy before you apply, not after a decline.

How we can help

• Work, partner, student and visitor visas
• Skilled Migrant Category and other residence pathways
• Employer accreditation and corporate immigration
• Investor visas and overseas buyer considerations
• Responding to potential decline letters and requests for further information
• Appeals and requests for special direction

Why immigration advice should come from a lawyer or licensed adviser

Under the Immigration Advisers Licensing Act 2007, only licensed immigration advisers, and lawyers holding a current practising certificate, may give immigration advice in New Zealand. Using an unlicensed agent is an offence on their part and can seriously damage your application, since false or misleading information in a visa application can lead to a decline, a ban and, in some cases, deportation. Always check who is advising you.

The visa journey: choosing the right pathway

There is rarely a single route to living in New Zealand. The right choice depends on your skills, family, finances, English, health and time. The common pathways are:

• Visitor visas for tourism, family visits and short business trips. Working is prohibited, and extending a stay depends on your circumstances.
• Student visas for study, with limited work rights, and post-study work visas for some graduates.
• Work visas, most commonly the Accredited Employer Work Visa (AEWV), which requires an accredited employer and a job that meets requirements.
• Partner and family visas, for partners of New Zealanders and residents and for dependent children.
• Residence visas through the Skilled Migrant Category, the Green List, business and investor pathways and family categories.

Policy settings, including skills thresholds, income and occupation lists, are updated regularly. We advise on the current requirements at the time of your application, and plan alternatives if a pathway closes.

Working in New Zealand: employer-sponsored visas

The Accredited Employer Work Visa system has three steps: the employer is accredited by Immigration New Zealand, the employer completes a job check showing the role meets requirements, and the migrant applies for a worker check visa. Each step has risks.

• A visa is usually tied to one employer, one role and sometimes one location. Changing any of these without a variation can breach your conditions.
• Employers must meet employment law obligations, and failing to do so can lead to accreditation being suspended or revoked.
• A migrant worker who is exploited may be able to apply for a special visa to remain while the case is investigated.

A situation we see often

A chef on an employer-specific work visa is offered a better position at another restaurant. He resigns and starts work at the new restaurant the following week, assuming that because he has a work visa, he can work anywhere.

The legal point: working for a different employer without a variation of conditions is a breach of visa conditions, and may make him liable for deportation. A variation application and the new employer's job check should be in place before he starts.

Employers: accreditation and compliance

Employing migrants brings additional obligations. Employers must verify that each worker has the right to work in the role, keep proper records, comply with the employment agreement and wage requirements and cooperate with audits. Employing someone who is not entitled to work, even unknowingly, can result in penalties. We help businesses become accredited, prepare job checks, respond to audits and develop compliant processes for hiring and renewing migrant staff.

Residence: planning the permanent move

Skilled Migrant Category

The Skilled Migrant Category rewards qualifications, work experience and skilled employment in New Zealand. It has multiple requirements, including income, English language, health and character. Documentation of work history and qualifications is frequently where applications run into difficulty.

Partnership

Applicants for residence based on a relationship with a New Zealand citizen or resident must show that they live together in a genuine and stable partnership. Immigration New Zealand normally expects evidence of 12 months living together. Evidence is the heart of these cases: shared finances, accommodation, photographs, communications and statements from family and friends.

Investors and business owners

Investment-based pathways, such as the Active Investor Plus visa, and business visas have changing thresholds and structures. They also involve questions about the source of funds, tax residence and, where property is involved, the rules on overseas investment. We coordinate with your accountant and investment adviser.

A situation we see often

A couple have been together for 18 months, but they only started to live together six months ago because of work travel and visa restrictions. They apply for partnership residence, and the application is declined because they did not live together for enough time.

The legal point: the decision is not necessarily final. A well-documented case showing the genuineness of the relationship and the reasons for living apart can persuade Immigration New Zealand to exercise discretion, or be presented on appeal.

Character, health and the issues that cause declines

Every visa application is assessed on good character and acceptable standard of health as well as eligibility. Convictions (including overseas), deportation history, drink-driving, undisclosed relationships or past visa breaches can all be problematic, and applicants must disclose them. Some medical conditions can result in a decline, though waivers exist, particularly for family-sponsored applicants.

Failing to disclose something is generally worse than the issue itself. We help you assemble a complete and honest application, with explanation and context where required.

If Immigration New Zealand raises a concern

When an officer has doubts about an application, they should give you a chance to respond. This is typically a potentially prejudicial information (PPI) letter or a request for further information. The time limit for replying is short, and your response is often your best opportunity to change the outcome.

• Do not respond emotionally or quickly. Seek advice on what is being alleged and what evidence will answer it.
• Check every fact. A single inconsistency can be treated as a credibility issue.
• Present documents, statutory declarations and explanations in a structured manner.

A situation we see often

A skilled migrant receives a letter saying that a reference from a former employer cannot be verified. He has 14 days to respond and is unsure what to do.

The legal point: a prompt, well-organised response with supporting evidence, such as contracts, payslips, tax records and a statement from the referee, can resolve the concern and prevent a decline.

When you are declined, or your visa has expired

A decline is not always the end. Depending on the visa and your circumstances, options may include reconsideration, applying again with stronger evidence, an appeal to the Immigration and Protection Tribunal, judicial review, or a request to the Minister.

• Apply before your visa expires. If you apply for a new visa before your current one expires, you may be granted an interim visa that keeps you lawful while the application is processed.
• Overstaying. Once your visa has expired, you are unlawful and liable for deportation. A request under section 61 of the Immigration Act 2009 asks Immigration New Zealand to grant a visa in exceptional circumstances.
• Deportation liability notices carry short time limits to appeal or respond. Act the same day.

Citizenship and what comes after residence

A resident visa has travel conditions that must be met if you wish to travel and return. A permanent resident visa removes those conditions. New Zealand citizenship by grant requires a period as a resident, a minimum number of days in New Zealand, good character and an intention to live here. We can advise on each stage, including the effect of long absences and convictions.

Overseas buyers and living in New Zealand

Many clients ask whether a visa allows them to buy property. Visa status and the overseas investment rules are separate. Most overseas persons are prohibited from buying existing homes, and the exemptions are narrow. We advise on both questions together, including residence-class visa holders who wish to buy.

Questions we are often asked

How long does a visa application take?

It varies by visa type, volumes and the completeness of your application. A complete, well-evidenced application avoids delays caused by requests for further information.

Can I work while my application is being processed?

It depends on your current visa and the type of application. If your visa allows work, an interim visa generally continues the same conditions. Check before you rely on it.

Will a conviction stop me getting a visa?

Not necessarily, but it must be disclosed. Some convictions require a waiver and others are an absolute bar for certain visa types. We assess the specific circumstances.

Can my employer apply for my residence?

Employers can support your application but usually cannot apply on your behalf. Residence is a personal application, and the pathway depends on your own profile.