Skilled Migrant Category - New Zealand Immigration Lawyers and Advisers /ニュージーランド政府公認移民アドバイザー : New Zealand Immigration Lawyers and Advisers /ニュージーランド政府公認移民アドバイザー

Skilled Migrant Category

If you have a recognized qualification and work experience relevant to your job offer or current employment, you are eligible to apply for a residence class visa under Skilled Migrant Category.

The objective of the Skilled Migrant Category

a. The objective of the Skilled Migrant Category is to provide for the grant of a resident visa to people who demonstrate that they:

have skills to fill identified needs and opportunities in New Zealand; and
are able to transfer those skills to New Zealand and link with local needs and opportunities; and
are able to demonstrate an ability to contribute to New Zealand both economically and socially; and
are able to demonstrate an ability to successfully settle in New Zealand.

b. In meeting this objective the Skilled Migrant Category will maximise and accelerate the contribution of immigration to New Zealand’s:

capacity building, sustainable growth and innovation;
global connectedness; and
thriving and inclusive communities

through focusing on a range of source regions to achieve a balanced programme and linking global talent with local opportunities.

Summery of the important points of this category.

1. Your current employment or job offer must be Skilled Employment.
2. You must have a Recognized Work Experience or Recognized Qualification, which is relevant to your Skilled Employment.
3. You must meet the minimum standard of English language requirements. You need to meet one of the requirements set as below;
4. You have a IELTS score which is more then 6.5 ;or
5. You have a current skilled employment in New Zealand for a period of at least 12 months that qualifies for points; or
6. You can provide evidence that your recognized qualification(s);
i> was gained as a result of a course or courses of study in which English was the only medium of instruction; and
ii> if that qualification was gained in New Zealand) the qualification had a minimum completion time of at least two years and is at least a bachelor
degree or it is a post-graduate qualification and you have an undergraduate qualification that qualifies for points; or
7. You provide other evidence which satisfies an immigration officer that, taking account of that evidence and all the circumstances of the application,
they are a competent user of English. These circumstances may include but are not limited to:
i> the country in which you currently reside;
ii> the country(ies) in which you have previously resided;
iii> the duration of residence in each country;
iv> whether you speak any language other than English;
v> whether members of your family speak English;
vi> whether members of your family speak any language other than English;
vii> the nature of your current or previous employment (if any) and whether that is or was likely to require skill in English language;
viii>the nature of your qualifications (if any) and whether the obtaining of those qualifications was likely to require skill in the English language.

WHAT IS Skilled Employment??

Skilled employment is employment that requires specialist, technical or management expertise obtained through:

1. the completion of recognized relevant qualifications; or
2. recognized relevant work experience; or
3. the completion of recognized relevant qualifications and work experience.

The Assessment of whether an occupation is skilled for the purposes of the Skilled Migrant Category (SMC) is primarily based on the Australian and New Zealand Standard Classification of Occupations (ANZSCO) which associates skill levels with each occupation.
* Australian and New Zealand Standard Classification of Occupations (ANZSCO) The outline described below is to show the brief steps of application process for this category.

Step1: Under Skilled Migrant Category, the applicant first needs to go for the EOI selection process.

What is EOI?

EOI the is the abbreviation for the Expression of Interest (EOI) form, in which all the applicants applying for a residence class visa under this category has to fill. You can do this on line. In the form, you must fill following details;
1. Passport Number
2. The name of the place and the name of the authority having issued the passport
3. Expiry date of Passport
4. Your Date of birth
5. Driver’s license number
6. IRD number
7. Your immediate family detail (Full Name; Date of Birth; Marriage status, relationship with you, ex; father) <br/ >8. If you have stayed any foreign country for more then 12 months before, the date of entering and departing that country
9. Name of your employer who gives you a job offer; their address; name of the person with whom INZ can contact, that person’s position name and contact number
10. Name of recognized qualification you have, and the date you obtain that qualification.
11. Detail of your recognized work experience; name of the employer, their address, the name of person with whom INZ can contact, that person’s position name and contact number, position name and date of that employment starting and finishing
12. Any problem of your health
13. Any history of criminal conviction
14. Application fee (NZ$440)

Once EOI is filled correctly, you can submit it to INZ by paying the fee. EOI selection is held every 2 weeks. Your EOI must be selected from the Pool instantly if it meets the following criteria.

Selections from the Pool are made in the following manner:

i EOIs that have total points of 140 or more are selected automatically from the Pool;

ii EOIs that have total points of 100 or more but less than 140, and include points for


Offers of skilled employment or
Current skilled employment in New Zealand,

are selected (according to their points ranking) in sufficient numbers to meet the requirements of the Skilled/Business Stream of the New Zealand Residence Programme (NZRP) at the time of that selection (subject to any adjustment to the number or distribution of places in the NZRP determined by the Government).

Additional selection criteria
Although your EOI does not meet the standard criteria as set as above, there is still some chance that your EOI is selected if it meets the following criteria.

a. The following additional selection criteria apply for selections from the Pool occurring until 31 January 2012 inclusive.
i EOIs that include 15 points for work experience in an area of absolute skills shortage (in descending order of their points total);
ii EOIs that include 10 points for work experience in an area of absolute skills shortage (in descending order of their points total);
iii EOIs that include 10 points for a qualification in an area of absolute skills shortage (in descending order of their points total);
iv the points total of EOIs not meeting any of the criteria in (i) – (iii) (in descending order).

EOI will be declined automatically, if your situation falls under following:
a. You are described in *Sections 15 or 16 of the Immigration Act 2009; or
b. You would not be granted a medical waiver.
Note: People will not be granted a medical waiver if they:
~ require dialysis treatment; or
~ have active pulmonary tuberculosis; or
~ have severe haemophilia; or
~have a physical incapacity that requires full time care.
c. You confirmed that they meet the minimum standard of English; and
d. You have claimed a minimum of 100 points for employability and capacity building factors (seeSM7 to SM19); and
e. You claimed points for either recognized qualifications or work experience ; and
f. Your age is older then 55 years old.

*Section 15, 16 Immigration Act 2009

If you have a certain criminal conviction, which falls under one of the articles on this Section, your EOI will be declined automatically.

Step2: Invitation to apply for a resident visa under the Skilled Migrant Category

Once your EOI is selected from the Pool, you may be issued with an invitation to apply for a resident visa under the Skilled Migrant Category if you meet all the requirements set for this cat

An immigration officer may seek further evidence, information and submissions from a person whose EOI has been selected from the Pool, for the purpose of determining whether their claims are credible and whether there are any health or character issues which may adversely affect their ability to be granted a resident visa under the Skilled Migrant Category. Whether, in any particular case, an EOI has been selected from the Pool, it may not result in an invitation to apply for a resident visa under the Skilled Migrant Category.

Note: An immigration officer’s decision to invite a person to apply for a resident visa under the Skilled Migrant Category (based on information evidence and submissions provided prior to application) does not guarantee:
~ the points claimed by the applicant; or
~ a positive assessment against health, character or English language requirements; in any subsequent application for a resident visa.

Step3: You received an invitation for a residence visa application.
You need to prepare following documents within 4 months.
1. Original Passport
2. Birth Certificate
3. Full Medical Certificate
4. Police Certificate from UK and each country in which you have lived for 12 months or more (whether on one visit or intermittently) in the last 10 years:
5. 2-passport sized Photos
6. Application Fee (NZ$1,550)
7. Evidence of your recognized qualification (Academic record, certificate of graduation)
8. Evidence of your recognized work experience (Reference letter or Certificate of Employment)
9. Job Offer (Employment Contract; Job Description)
10. Evidence of your English Language Requirements.

Step8: Application is allocated to INZ officers.

Step9: Applications determined by INZ officers.
1. Immigration officers must determine applications for residence class visas in accordance with:i the requirements of the Immigration Act 2009; andii residence instructions applying at the time the application is made.
2. Any discretion officers exercise must be in terms of the applicable residence instructions.

Evidential requirements
1. Immigration officers must be satisfied that the information an applicant submits complies with the evidential requirements set out in residence instructions.
2. Even if an applicant meets the specific evidential requirements, an immigration officer may still decide that additional evidence is necessary.
3. Immigration officers should use their discretion to decide what is sufficient evidence for rules and criteria that have no specific evidential requirements.

Step10: Verification
Immigration officers have a general obligation to take the steps that are necessary or appropriate to verify any documentation or information relevant to any decision under residence instructions, whether or not a particular provision enables or obliges them to do so.

Explaining discrepancies in family details

a. Under the principles of fairness and natural justice, you must be given an opportunity to explain any discrepancies in the details of their immediate family, if those discrepancies are materially relevant to the application.

False or misleading information

If an immigration officer has reasonable cause to believe that you have supplied incorrect information; or failed to declare relevant family members in a deliberate attempt to mislead, the officer should consider declining the application under the character provisions of the Administration chapter (A5).
If the application is declined on character grounds, the officer should continue to assess the application and, if the application fails to meet other applicable residence instructions requirements, also decline the application on those grounds.

Assessment of applications under nominated category
Immigration officers need only assess applications under the category you nominate.
Officers are not obliged to seek further information to determine whether the principal applicant may be eligible under another category.
However, officers should request further information to enable the application to be assessed under another category if:

1. an application does not meet the criteria for approval under the category in which it was made; and
2. ii information contained in the application form or accompanying documents clearly indicates that you may be eligible under that other category.

Further information

Further information may be submitted at any time before a final decision is made on an application. Immigration officers must take into account any relevant information submitted by applicants before a final decision is made.
Immigration officers should also take into account any relevant information held about previous applications.
If you do not respond within the specified time to a request from an immigration officer for further information, evidence or documents, or an interview, the application may be assessed on the relevant information then available to INZ, unless it is reasonable to enquire further.
You must inform an immigration officer of any relevant fact, including any material change in circumstances that occurs after the application is made, if that fact or change in circumstances:
1. may affect the decision on the application; or
2. may affect a decision to grant entry permission to the holder of a visa.

Potentially prejudicial information
You will be given the opportunity to comment before a decision is made to decline to grant a visa on the basis of any potentially prejudicial information that they are not necessarily aware of.

Step11: Approving an application

Applications for a residence class visa must be approved if the immigration officer is satisfied that:
a. You have provided all evidence required by the applicable residence instructions, and any additional evidence requested by the immigration officer; and
b. You meet applicable residence instructions including the requirements of health and character.

Approval in principle

An application for a residence class visa is approved in principle at such time as an
immigration officer is satisfied that all evidential and verification requirements necessary to demonstrate eligibility under the relevant instructions have been met with the exception of the payment of any ESOL tuition fee.

Information received after approval in principle has been given

You must be given the opportunity to comment on the basis of any potentially prejudicial information that comes to light after approval in principle, before a final decision on their eligibility under residence instructions (including Health and Character requirements) is made.

Declining an application

If your application for a residence class visa has been declined, you have a right to appeal to the Immigration Protection Tribunal.

Right of Appeal to the Immigration and Protection Tribunal
1. Appeals must be lodged within 42 days after the date that an applicant is deemed to have received a letter advising that an application for a residence class visa has been declined.
2. Appeals must be lodged on the form Immigration and Protection Tribunal – Residence Class Visa Appeal (Form 1) which contains information on:
i> how to lodge an appeal,
ii> the required fee,
iii> how the time limit for lodging an appeal is calculated.

Note: There is no right of appeal to the Immigration and Protection Tribunal for applicants who have been declined on the basis that sections 15 or 16 of Immigration Act 2009 apply to them

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