Complete Guide to the Skilled Migrant Category Resident Visa in New Zealand (2024)

A Skilled Migrant Visa offers a valuable opportunity for skilled workers seeking to contribute to New Zealand's economic development. This residence visa category facilitates individuals who possess specific skills identified as essential to the country's growth, allowing them and their families to live in New Zealand. This practical guide aims to provide a comprehensive overview of the Skilled Migrant Category, discussing its benefits, eligibility requirements, application process, and the essential conditions that visa holders must adhere to once they obtain residency.

The Skilled Migrant Category (SMC) is a resident visa program designed for individuals whose skills are deemed essential for New Zealand’s economic growth. The SMC visa provides a direct-to-residence pathway for skilled workers. If approved, it allows you to live, work, and study in New Zealand indefinitely.

As of October 2023, the SMC visa uses a simplified points system to evaluate applicants. This system clearly defines the skill thresholds, focusing on qualifications, necessary registration, or income from employment. The aim is to attract individuals who can fill medium-to long-term skill needs that are challenging to source from the local labour market.

Benefits of a Skilled Migrant Visa

The SMC offers numerous benefits for those looking to live, work, and study in New Zealand. With this visa, you can include your partner as well as any dependent children aged 24 and under in your residence application.

What is “Skilled” Employment?

Skilled employment refers to work that requires a certain level of expertise, whether it be specialist, technical, or managerial, which is typically gained through relevant qualifications or work experience. Additionally, the job must meet a minimum pay threshold set by INZ.

What Skill Level is My Job?

To determine if a job is considered skilled, INZ uses the Australian and New Zealand Standard Classification of Occupation (ANZSCO) as a reference. Each occupation listed in the ANZSCO is assigned a skill level ranging from 1 to 5. For a job to be classified at a specific skill level, it must meet the corresponding minimum pay threshold as shown in the table below:

Is There An Age Limit For the Skilled Migrant Visa?

Yes, there is an age limit. The principal applicant must be aged 55 or younger at the time the residence application is made.

Do I Need To Know How to Speak and Understand English When Applying For The Skilled Migrant Category Resident Visa?

Yes, you must know how to speak and understand english according to the English language requirements from INZ (see their requirements here).

How Do I Prove My English Speaking Skills?

To demonstrate your proficiency in speaking and understanding English to Immigration New Zealand (INZ), you can provide evidence in 2 ways:

1. Supply your passport details to prove citizenship and a copy of your qualification certificate and academic transcript to prove your qualification if one of the following scenarios apply to you:
   1. Scenario #1: You are a citizen of either:
      1. Canada;
      2. Ireland;
      3. United Kingdom; or
      4. United States; and

you have spent at least 5 years working or studying in person in one of the above countries or in:

1. Australia; or
2. New Zealand.

1. You have a qualification comparable with a New Zealand level 7 bachelor’s degree obtained in either:
   1. Australia;
   2. Canada;
   3. Ireland;
   4. New Zealand;
   5. United Kingdom; or
   6. United States; and

you were physically located in one of the above countries to study for at least 2 years.

1. You have a qualification comparable with a New Zealand post-graduate qualification at level 8 or above obtained in:
   1. Australia;
   2. Canada;
   3. Ireland;
   4. New Zealand;
   5. United Kingdom; or
   6. United States; and

you were physically located in one of the above countries to study for at least 1 year.

1. The second method is by submitting results from recognised English language tests.
   If you choose to submit English language test results, it's important to ensure that your scores meet the minimum requirements set by INZ. Additionally, the test results must be recent, meaning they should be no older than two years at the time of your application submission.

For more information on the specific citizenship requirements, the necessary evidence for study and qualifications, or the minimum test scores needed, please refer to INZ’s English language requirements here.

So I Don’t Have To Necessarily Take an English Language Test?

Correct, you don’t necessarily have to take an English language test to demonstrate your english skills if you are either a citizen of certain countries and / or you have spent time studying in certain countries. However, INZ may request additional evidence to verify your English language abilities. In such cases, you might be required to sit for a test and provide the results to support your application.

The ‘New’ Points Qualification System Requirement

To be eligible for the Skilled Migrant Category Resident Visa, applicants must accrue a total of 6 points. These points can be earned through a combination of factors, including:

• 3 to 6 points for:
  • having a Bachelor’s degree or higher;
  • for having New Zealand occupational registration; or
  • for your income; and
• 1 point for each year of work experience in New Zealand in a skilled job, up to a maximum of 3 points. However, you cannot combine points from jobs in different skill categories.

What Other Requirements Are There?

In addition to these specific requirements for the principal applicant, all applicants must meet the Health and Character requirements for residence as outlined in sections A4 (health) and A5 (Character).

How to Calculate Points Required for a Skilled Migrant Visa?

To qualify for a resident visa under the SMC in New Zealand, applicants must navigate a simplified points system requiring a minimum of 6 points. Here is a summary of the criteria:

1. Points from Income

Income earned in New Zealand can contribute between 3 to 6 points to your application, depending on how much above the median wage your income or proposed job offer income is:

This system benefits highly skilled individuals in occupations where skills are typically developed on-the-job, such as many trades. To earn points from income, the job or job offer must be full-time (at least 30 hours per week) and with an accredited employer.

2. Points for Qualifications

Points are allocated based on the highest qualification level and its equivalence to the New Zealand Qualification Framework (NZQA):

Qualifications from outside New Zealand may need assessment by NZQA. 

3. Points for Occupational Registration in NZ

Points can be claimed based on occupational registration if the occupation is on Immigration New Zealand’s list of eligible occupational registrations:

This process recognises that the registering bodies are adept at assessing if individuals possess the requisite skills for their sector, hence Immigration New Zealand does not reassess this.

4. Combining Points

Applicants can only claim points from one of the above skill categories that offer them the most points. For instance, points from qualifications cannot be combined with points from occupational registration. Claiming higher points in one sector reduces the period of work experience required before applying for residence.

5. Work Experience Points

If the 6-point threshold is not met from income, qualifications, or occupational registration alone, additional points can be garnered through skilled work experience in New Zealand where you can earn 1 point for each year of skilled work, up to 3 points, within specific timeframes before applying.

This points system ensures that applicants not only meet the basic requirements such as having a job offer and meeting English language criteria but also contribute significantly to New Zealand’s economy through their skills, qualifications, or income levels.

How to Apply for a Skilled Migrant Visa?

Applying for a resident visa under the SMC in New Zealand involves a systematic process governed by specific immigration instructions. Here’s how you can apply:

Expression of Interest (EOI)

• Submission: Interested individuals must first complete an Expression of Interest (EOI) form in the prescribed manner. This form collects information on your age, health, character, English proficiency, employment, and claimed points for skills.
• Automated Review: An automated electronic system reviews the EOI to determine if the applicant meets the criteria to be invited to apply under the SMC. This system can issue or refuse an invitation based on the claims made in the EOI. Decisions made by the automated system are treated as decisions made by an authorised immigration officer under the Immigration Act 2009.

Application Process

• Invitation to Apply: Only those invited to apply under the SMC after their EOI review can proceed to apply for the visa.
• Application Timeline: Applications must be made within 4 months from the date of the invitation, and before any revocation of the invitation.
• Consideration of Circumstances: Immigration officers must consider the circumstances surrounding any application flagged for potential decline due to misinformation.

This structured approach ensures that only eligible candidates are invited to apply, maintaining the integrity and objectives of New Zealand’s immigration policy under the SMC.

Maintaining good character is a fundamental requirement for applicants under the SMC in New Zealand, as assessed by immigration authorities. This assessment includes thorough checks of an applicant's past history to ensure there are no substantial criminal records that could impact eligibility.

The significance of the character assessment in the visa application process is highlighted by the scrutiny of past criminal activities and overall conduct. A notable case illustrating this is IPT decision 206637, where the character assessment process and its implications are explored:

Case Study: AN (Skilled Migrant) [2023] NZIPT 206637

In this case, the appellant, a 33-year-old from India, faced challenges with his residence application due to two convictions for drink-driving. Despite these, his application for a character waiver was declined by Immigration New Zealand (INZ), citing a failure to meet the good character requirements.

Despite this serious set-back, the appellant was able to achieve a positive outcome. Upon an appeal, the Immigration and Protection Tribunal (IPT) criticised INZ's handling of the case, particularly noting that the assessment did not fairly balance the seriousness of the offences against the appellant's strong community ties in New Zealand. The Tribunal pointed out that only the second conviction was directly relevant under the specific immigration instruction.

The IPT cancelled the decision to decline the residence application and referred it back to INZ for a proper reassessment, instructing that no further lodgement fee should be charged.

This case highlights several key aspects:

• Comprehensive Review: Immigration New Zealand conducts an in-depth review of the applicant's background, emphasising the need for complete honesty and transparency in the application process.
• Impact of Criminal Records: Offences such as drink-driving can severely impact an applicant's perceived character, influencing the outcome of their visa application.
• Balanced Assessment: It's crucial for immigration authorities to balance negative factors (such as criminal convictions) with positive aspects (such as community ties and remorse shown by the applicant).
• Potential for Reassessment: The Tribunal's ability to overturn decisions based on flawed assessments suggests that applicants have recourse if they believe their case was not fairly evaluated.

The process stresses the importance of integrity in the application process and the potential consequences of any discrepancies or omissions in the information provided to immigration authorities.

 You can read a more detailed breakdown of how we were able to achieve this positive outcome for our client here.

A Few Things To Expect When Applying For a New Zealand Skilled Migrant Resident Visa

Applying for a New Zealand Skilled Migrant Resident Visa involves a detailed and sometimes lengthy process.

The processing times for SMC Visas can vary significantly due to its invitation-based nature. Typically, Immigration New Zealand (INZ) processes resident visa applications within 4 months as of May 2024 according to the New Zealand government. This timeline can fluctuate based on the complexity of each case and the volume of applications being handled.

The process requires thorough preparation, including the collection of extensive documentary evidence. Applicants often need to respond to Potentially Prejudicial Information (PPI) letters from Immigration New Zealand, which request additional information or clarification.

It is highly recommended to engage with licensed immigration lawyers who are well-versed in the intricacies of the Skilled Migrant Resident Visa. These professionals can help navigate through the application process efficiently, addressing any complications and working to avoid delays.

The costs can vary depending on the complexity of your case and the fees charged by the immigration consultants. Additionally, there are government fees for processing the visa application, which can be checked on the official Immigration New Zealand website for the most current rates.

Given these factors, it is important to be prepared for a potentially lengthy and costly process, factoring in both the official processing times and the need for professional assistance to ensure a successful application.

What Conditions Do You Need to Satisfy After Obtaining a Skilled Migrant Category Visa? 

Once you receive your SMC Visa in New Zealand, it's crucial to adhere to certain conditions to maintain your residency status. Non-compliance with these conditions can lead to the cancellation of your visa and potential deportation. The below table lists the conditions that need to be satisfied after obtaining a Skilled Migrant Category Visa in New Zealand, focusing on employment duration, wage requirements, proof of compliance, and travel conditions:

It's important to closely monitor and ensure compliance with these conditions to secure your stay and future in New Zealand under the SMC. Any breach could jeopardise your visa status, affecting not only your ability to remain in New Zealand but also your eligibility for future visa applications.

Applying for a Skilled Migrant Category Resident Visa? We're Here to Help.

Skilled Migrant Category Visa opens doors to new opportunities in New Zealand, offering a pathway to permanent residency for skilled professionals from around the globe. It's crucial for potential applicants to thoroughly understand the eligibility criteria, points calculation, and the application process to maximise their chances of success. If you are considering applying for a Skilled Migrant Visa and need professional guidance, our immigration law experts at Immigration Lawyer NZ are here to bolster your chances of approval. Let’s talk!