Immigration
Frequently Asked Questions
Why should I use a lawyer to process my application?
The immigration process is at times complex and confusing with immigration policy coming from a large Operations Policy Manual and the Immigration Act 2009. Policies often change frequently which can lead to uncertainty and frustration. Most applications which fail are declined because they have been lodged under the wrong policy or due to inadequate or incomplete documentation.
By using an experienced immigration lawyer you can save yourself both time and money as you can be confident that your application has been lodged under the right policy and with the correct documents, increasing your chances of success.
I am married or living in a de facto relationship with a New Zealand citizen or resident. Do I automatically qualify for residence in New Zealand?
You do not automatically qualify for residence. You will need to lodge an application under the partnership category and satisfy Immigration New Zealand that your relationship is genuine and stable.
Your application for residence cannot be approved until you have been living together for 1 year. You can normally be issued with a work visa allowing you to work for any employer while your residence application is being processed.
How do I qualify as a skilled migrant? Do I need a job offer?
Often referred to as the ‘Points System’, under the skilled migrant category you accumulate points through various capability factors including qualifications, work experience, age and family sponsorship. A job offer in an occupation deemed by Immigration New Zealand to be skilled is normally required, however there can be exceptions where an applicant gains sufficient points in other areas. A review of your personal circumstances by one of our experienced immigration laywers is recommended.
I am a New Zealand resident. Can I sponsor my parents for residence in New Zealand?
It is only possible to sponsor your parents once you have held your New Zealand residency for 3 years and the majority of your brothers and sisters must live outside the home country.
Can I sponsor my brother or sister or adult son or daughter?
It is only possible to sponsor your brother, sister or adult child if you have held New Zealand residency for 3 years and they are the only remaining family member in the home country. The sibling or child being sponsored also requires a job offer that meets a minimum income requirement.
Can I start up my own business in New Zealand?
If you have previously operated your own business or worked at management level you may be able to start up your own business in New Zealand. You will need to be able to show that you have the funds available to not only buy or start up your business, but also to support yourself for the duration of the visa. You will also need to provide a business plan and meet a minimum standard of English.
I have significant funds and assets. Will this help me get residence?
If you have over $1.5 million dollars you may qualify as an investor. Currently there are 2 investor categories and the amount of the required investment, business experience and age requirements are different for each.
I want to work in New Zealand. How can I get a work visa?
You must have a job offer in an occupation that is in demand or a job offer from an employer who has been unable to fill the position locally despite advertising. You will need to prove that you are suitably qualified or experienced for the job you have been offered.
If you are a student who has completed a qualification in New Zealand you may be issued with a work visa to help you find a job offer and to obtain experience relevant to your qualification.
You may qualify for a work visa allowing you to work for any employer if you are either married to a New Zealand citizen or resident or living in a de facto relationship with a New Zealand citizen or resident.
I want to apply for a visitor’s visa. How long can I stay in New Zealand?
If you want to come to New Zealand for holidaying, sightseeing, visiting friends and family or business consultations you may be issued a visitor’s visa for up to 9 months in any 18 month period. An additional 3 months may be available in some instances.
How can I study in New Zealand?
New Zealand has a large number of universities, polytechnics and private training institutes. If you are planning on studying for 3 months or longer you will require a student visa and you must complete your enrolment before you can apply for a student visa. Depending on the type of course that you enrol in, you may be able to work for up to 20 hours per week during your studies.
My application has been declined. What can I do?
Things may not be as bad as they may seem. We specialise in appeals to the Immigration and Protection Tribunal, applications to the Minister of Immigration for a Special Direction, lodgement of complaints with the Office of the Ombudsmen and applications for Judicial Review in the High Court.
Please contact us for more information.