The Path to Residence
No matter how well researched you might be, as a prospective migrant, nothing really prepares you completely for the process to obtain Residence and largely because there are so many ways that this process can work. Each person will qualify in their own unique way. Sure, the rules are there and all pretty much fixed in place (apart from the odd change now and then), however every migrant presents a unique set of circumstances, which on their own, will mean that their path to Residence will differ from the next person in the queue.
However, as a bit of a recap, we thought it would be useful to give a summary of the three main streams of Residence that are available, being the Skilled, Family & Business streams, and what lies at the core of each. This isn’t a how to guide to migrate of course, (although we do offer a more detailed explanation of these categories online), but instead a quick overview as to who might fit in to each of these streams and the key requirements for each.
Think of it as a first step down the path to securing a new life in New Zealand.
Family Pathways
Partners, Parents and Dependent Children, all have a pathway to secure Residence in NZ, however they each have their very own set of rules.
Joining Family
New Zealand offers several pathways for family members to secure Residence, which are split in to three separate categories - partners, parents and dependent children.
Each of these options is assessed against very different criteria and in some cases requires a form of “sponsorship” (although this only applies in the case of parents).
Partnership - Partners, whether married, de-facto, same-sex or civil union can join their significant others in New Zealand, relying on that partnership to qualify. The key here is that the relationship needs to meet two tests - the first being whether the relationship is genuine and stable and the second to confirm that the couple are living together. In terms of how long you have been living together, the requirement for Residence is 12 months, however just being under the same roof isn’t quite enough. You have to show that you share your expenses, have a shared commitment to a future life together and of course that your relationship is exclusive.
Given the 12 month requirement, partnership based applications often involve a series of visas linked together, with the end goal being to secure Residence.
Parent Visas - Resident Visas for parents come in two flavours - the standard parent category application which involves a ballot-style selection process, along with formal sponsorship by a NZ Resident adult child and then the other flavour being the Parent Retirement category, involving an investment of NZD$1.0 million in to New Zealand, $500K of settlement funds and an annual income of NZD$60,000.00.
The standard parent category is complex because sponsors have to have been Resident Visa holders for three years and need to meet specific income requirements, based on both the type of income they earn as well as the number of parents being sponsored. Thee process starts with the parents submitting an Expression of Interest (EOI) to enter a pool of applicants. INZ selects from this pool periodically but only a specific number each time. It is essentially a bit of a lottery.
The Parent Retirement category is quite different, and has no three year requirement for the adult child, who also doesnt need to sponsor (they just need to live here as a Resident, and could have done for just a month or two). The kicker, is the need to invest NZD$1.0 million in to NZ for four years and have another $500K handy as settlement funds with an annual income of NZD$60K (or currency equivalent).
Dependent Children - We don’t see too many of these, because usually dependent children are included in the original application with the parents. However if your child wasn’t originally included for any reason, but now wants to move, and you can show they are dependent on you financially (or at least mostly dependent), they are single and have no children of their own and are under 25 years of age, they can apply.
The key for these applicants is understanding what dependence means and ensuring they were previously declared to INZ - often it is these two things that mean these applications are not always straight-forward. Where possible we encourage families to include children in the original application, with the rest of the family unit.
For more details on family migration, click the link below.
Doing Business
Now we come to the business end of things (literally). We have two main streams for business applicants, one being based on investing a sum of money here and the other for those looking to purchase or establish a business in New Zealand. The investor option is a more direct route, whereas setting up a business usually involves a two-stage process (think of it as work to residence).
Business & Investment Options
We have two distinct pathways to Residence for those looking to do business, each with their own unique complications.
It might sound like an easy way in, if you have the money to throw around, however these categories are often the most complex, because INZ has very specific rules around how the money was earned, the kinds of investments you can make, the timeline for those investments and then the types of business you can establish. In many cases, where we can see a better option under the Skilled or Family pathways, we will encourage a client to pursue that pathway instead. However if you do have the funds or the entrepreneurial spirit, then here is the low-down on the business stream.
Entrepreneur Residence - This category allows an applicant to purchase an existing business or to establish one from scratch and then secure a Work Visa initially that then leads to Residence, provided the business is successful. Residence can be applied for after operating the business successfully for two years or six months if there is a $500K investment as part of the business.
The tricky part with these applications is that INZ has a very vague and equally high threshold for what they consider a good business to be. It has to be either high-growth, export focused or innovative. There are no strict definitions for each of these, things and that leaves INZ with a lot of room for discretion - so much so that the overwhelming majority of business plans are declined (90% plus). This category is not for the faint of heart.
Investor Category - If you dont want to start a business, but you do have money to invest, then this could be the category for you, however your pockets need to be fairly deep. The Active Investor Plus category relies on an investment amount of $15 million, however this can be reduced down to $5 million if you invest in the right things. The focus here is for applicants to invest primarily in “direct investments” which are investments in to business, as opposed to more passive investments.
There are very tight timeframes on when the investments need to be made as well as relatively stringent rules for how the investment funds need to have been acquired and also how they are owned. For those with the money, this can offer a direct path to Residence, but it is a lot more complicated than simply “splashing the cash”. This category requires very careful planning as well as a good degree of investment due diligence.
If you are thinking about an application under the business category, click the button below to find out more.
Skilled Migrants
Last, but by no means least we get to the bread and butter, the meat and potatoes - the Skilled Migrant category. Within these rules, we capture the vast majority of our Resident Visa applicants, and all based on their ability to secure employment in New Zealand - yes indeed a job offer is the key.
The Skilled Category
The Skilled Migrant Category of immigration instructions is our bread and butter and where the vast majority of our applicants qualify.
There are some general rules for these categories, which include the need to be under 56 years of age, when Residence is filed, be of good health and character (this applies for all of our Visa options) and be able to speak English. Beyond this however it comes down to securing the right job and in some cases having the right mix of skills (qualifications and/or experience) to meet the requirements. The skilled group are split in to four separate pathways, with varying requirements for each. Forgive me as I roll out a car analogy for this one.
Straight to Residence (Green List - Tier 1) - This is the Ferrari of the skilled Visa categories in New Zealand and for those applicants who secure a job offer on Tier 1 of the Green List and meet the specific requirements on that list, they are able to apply directly for Residence. Applications are generally prioritised and the outcome is unconditional Residence for the main applicant and included family. The trick here is to be very aware of the Green List requirements, ensure you meet them and be ready to apply when the job offer surfaces. Even though these are quick to process, sometimes temporary Work Visas are still needed to allow the applicant to take up the offer in time.
Work to Residence (Green List - Tier 2) - If Straight to Residence is the Ferrari, then the Work to Residence option is the Porsche. Still a very good Visa, but obviously you need to work your way towards it. This option applies to those who secure a role on Tier 2 of the Green List, and then need to work in that position on a Work Visa for two years, before they then move to Residence. Again you have to meet the requirements of the list for your occupation, however there is no points test involved.
Skilled Migrant (Points) - Next up we have the very reliable, albeit not so fast, Toyota Corolla of the NZ Visa world. The points system, whilst recently revamped, has been a staple of our immigration diet for many years. The current system has reduced the overall points categories and uses three main factors - whether you are in a a registered occupation (and the type), your level of qualifications, if you have one and then the level of income you are earning in New Zealand (the job is still crucial). The points from one of these, is then topped up by work experience in New Zealand. So for some applicants there is a direct pathway to residence, although given these are processed more slowly, then Work Visas to start the job will usually be required. For others, it is either a one, two or three year pathway to Residence, depending on how their points are structured. The key here is that you don’t have to be on the Green List and any skilled job will do, or potentially any job at the right salary. It is also possible for those without qualifications or being registered to qualify under this pathway.
Sector Based Agreements - Lastly we come to the AMC Gremlin (you might have to look that one up) of Visas. Categories that sounded good on paper, but no one really knows why they made it off the production line floor. There are currently two of these, one for the transport sector and another for the care workforce sector. These were produced by the previous Government as a response to very specific industry demands and offer Residence to people who would ordinarily miss the skilled or points criteria. Both involve working in relevant roles here for a period of two years, although for those in the transport sector you needed to have started on that two year path prior to April 2024. Both of these categories will eventually be phased out, although it is possible other sector agreements may pop up in time.
The Skilled Migrant pathway can be a pretty confusing place if you trying to figure out which car in the yard is the right one for you. To find out more, click on the button below.
On The Right Track?
If you are already in New Zealand and treading the path towards Residence or you are still at the “downloading the brochure” stage, trying to work out if this is even possible, a good place to start is with a clear and thorough assessment of your options. Working that out quickly and accurately is something that comes with experience - which we have plenty of.
It all starts with us gathering your details, assessing that information against the categories available and then mapping out a clear way forward. Sometimes that ends up being quite different to the pathway you might have managed to pull together on your own. Whenever I consult with a prospective client, I start by asking them what they know…which gives me a good indication as to how far down the Visa rabbit hole they might have fallen.
Whatever your situation, with all of the options available out there, as well as all the online advice, getting some good, clear direction is a wise idea and we have another button that will let you do just that (see below).
Until next week!
