Fact From Fiction

I recently posted an article discussing the pitfalls of listening to unqualified advice from friends, family and our good friend, the internet in terms of how the Visa process works. The inspiration for that post came from a client of mine who sent me a text message asking if there was any truth to the rumour that once you turn 55 you don’t qualify for Residence under the skilled pathway.

That post and his message, along with a few other discussions I have had this week, lead me to think about some of the more common myths we hear and how it might be useful to knock a few of them off the list, clear the fog and set a few records straight - after all, there is no shortage of half-truths and misconceptions when it comes to how the New Zealand immigration process works. I also figured that this could become a bit of an ongoing, ‘regular feature’ that might just help a few people along the way. If you have a myth or rumour you want cleared up, get in touch and we will add it to the list.

So let’s start with a really big one and one that I hear more often that I would like - which is the idea that it is illegal to search for a job offer when you are in New Zealand on a Visitor Visa. This one has been doing the rounds for a long-time and unfortunately there are even a few licensed advisors who believe this to be the case.

The answer here is in two-parts though, because whilst it is absolutely fine to come here as a visitor and look for work, attend interview and even be given a job offer, you do have to think about what you tell INZ when you apply for that Visitor Visa in the first place. There is no law that says a person in this country on a Visitor Visa or a Student Visa etc., is unable to seek out a job - in fact that is how most people do it. However if you apply for a Visitor Visa and tell INZ you are coming on a holiday, then turn up at the airport, with your CV, work references and the kitchen sink - you might have an issue.

We advise our clients to tell the truth, explain that you are coming here to have a look around, but also investigate employment opportunities and so forth (which is all very legal) and let INZ issue the Visa on that basis. Then when you turn up and you secure that job and apply for the Work Visa, everything is consistent and it doesn’t look like you were trying to pull a fast one.

Myth number one busted.

A second, popular query, which was presented to me several times this week, was whether a partner to a NZ Resident Visa holder, had to be in New Zealand to apply for Residence, based on that partnership - again the answer here is no. There is no requirement for a partner to be in New Zealand when they apply for Residence based on that partnership, however they do need to be living with their NZ Resident Visa partner of course. The intent of this policy is to allow applicants to reside here with their partner, and so it would be a bit odd to make people live here first before they could apply for the Visa that allows them to do just that.

There are of course lots of ways an applicant (under partnership) could be here whilst they await their Resident Visa, but it isn’t a requirement. I have helped plenty of people in that boat to apply for Residence, from offshore and then once approved they move across.

Myth number two busted.

The third one is a dangerous one and is all over social media unfortunately, particularly in the various Facebook groups, where the DIY applicants seem to source all their immigration related advice from. There are plenty of people out there, suggesting that once you get an Accredited Employer Work Visa (often mistakenly referred to as a “Skilled Migrant Work Visa” you have a pathway to Residence. For some that is true, for a large portion that is not.

For most applicants, the Residence pathway is both a separate process but also has separate requirements and criteria. Securing the Work Visa is often a part of the overall plan but it isn’t necessarily an automatic pathway to securing your permanent stay here. This creates significant issues because there are plenty of people who, at the advice of others, jump on planes, secure jobs, get Work Visas and then have no way to make that stay permanent.

Myth number three busted.

Following the above and another pretty common mistake, fuelled by bad advice is the fact that if you have lodged a Residence application, under normal circumstances that doesn’t allow you to remain here whilst it is being processed. For example if you have a Work Visa expiring in a month and you file your Residence application today, that Residence application doesn’t solve the problem of your Work Visa expiring. You would still need to apply for a further Work Visa and in most cases that involves meeting the rules and criteria for that Visa all over again. If you are on a Work Visa, that means a new job check or set of advertising for the employer - there is no such thing as an “extension”.

And there goes myth number four.

The last one for this week, goes back to the original motivation for this post and the question on age, which my client was pretty sure was rubbish, but just wanted me to check. I explained to him that actually its a pretty common misunderstanding and so he was right to ask.

For all Skilled Migrant Resident Visa pathways, the cut-off age is 56 years. However INZ tends to write the rules in a way that makes it as confusing as possible and so they would say the applicant “must be no more than 55 years of age” or “be aged 55 or younger at the time the residence application is made” - that can get confusing when all you read is the number 55. Just remember however that if you are 55 years, 11 months, 3 weeks and 6 days old…you are still 55 and therefore still qualify.

The second part of that myth is that provided you file your Resident Visa application before you turn 56 years then you are safe - time stops (for the Visa but you still get older of course). There are also other age caps for different Visa pathways or some with no age cap at all.

There are so many more examples I could share (and will over time) but these ones have been the subject of debate with clients over the last week or two. The reality is that immigration rules are complicated and very easily misunderstood - and it doesn’t take long for one person’s versions of those rules to morph in to something completely different via all the various social media groups in operation.

For advice you can trust and for fact and not fiction, speak to one of the team here - we know how to dispel the myths and provide you with only the advice you need to make this process work.

Until next week.