|Please select a question category:
General Skills Category
Question 1. Full-Time Work & Relevancy
Work experience must be relevant to the qualification
if the applicant does not have a job offer.
If you have a job offer then your work experience
does not have to be relevant (the job offer
does not have to relevant to your qualification).
You will only be awarded points for full-time
work experience i.e. you must have worked
in your trade for at least 30 hours per week.
However work experience can be calculated
on a pro-rata basis i.e. if you worked for
15 hours for two weeks this will equal one
week of full-time work (30 hours) and so
As long as you meet this criteria it does
not matter that you studied part-time after
work. Work experience gained after you obtained
your qualification is considered relevant
if your qualification is an important factor
in you being able to obtain, continue, or
advance in your position or field of employment.
Work experience gained before you obtained
your qualification is considered relevant
if you can show your career path has advanced
progressively from your pre-qualification
The relevance of work experience to a qualification
may not be immediately obvious. For example
we have successfully argued the following
1. A client had Bachelor of Arts degree (English
major). Her work experience as a stock-broker
was accepted as relevant;
2. A client had a BA in Psychology. Her work
experience as a tour consultant was accepted
3. A client had a BA in French literature.
His work experience as an accountant was
accepted as relevant (and so was his NZ job
offer for the position of accountant).
It is important to note that work experience
will also not be awarded points if it was
gained before you were 20 years old or if
it was an integral part of your training
or course work.
If NZ law requires your trade to be registered
(for e.g. plumbers, gas-fitters, drain-layers
and electricians) then you must be registered
with the relevant professional body before
you can apply for residency
Question 2. Refusals of Application that
meet the Pass Mark & Residence
I have sufficient points to meet the pass
mark under the General Skills
NZIS decline my application,
and if so, can
I appeal this decision?
NZIS follows a policy of "front-end"
loading. This means your application must
be complete when it is submitted. If something
is missing or a document is incomplete then
NZIS may not accept your application even
if you have enough points to meet the existing
Assuming the application and supporting documentation
are in order NZIS may decline to grant residency
for the following reasons:
1. Good Health
All migrants must be of "Good Health".
A residence permit will not be issued if
the applicant has active tuberculosis, requires
dialysis treatment or has a mental disorder
/ intellectual handicap that needed hospitalisation
/ supervised residence for more than 90 days
within the last 2 years. You will not normally be granted residence
if you have infections or communicable disease
other than TB or you need surgery which is
likely to create a severe strain on the NZ
health system. However such cases are not
automatically declined but the applicant's
surrounding circumstances are looked to see
if they warrant a medical waiver (such as
their family ties to NZ and potential contribution
A woman who was 169 cm in height and weighed
122 kg was declined residence on health grounds
2. Good Character
All migrants must be of "Good Character".
A permit of any kind will not be issued for
example if a person has been sentenced to
imprisonment of 5 years or more at any time
or if in the last 10 years has been sentenced
to imprisonment for 12 months or more.
A person will not normally be granted a permit
if for example he/she has been convicted
at any time of an offence against the citizenship,
immigration or passport laws of any country.
However as in Good Health above the applicant's
surrounding circumstances will be looked
at to see if they warrant a Good Character
For example our associates in New Zealand
successfully obtained a residence permit
on behalf of a client who was sentenced to
two suspended prison terms under 12 months
each and is on probation and also had to
pay a considerable fine. However he has very
strong family ties to NZ and can invest a
substantial amount of money in a NZ business.
NZIS is required to give reasons in writing
for declining an application. Also if NZIS receive any information that
is prejudicial to your application you must
be given an opportunity to comment on it.
If your residence application is declined
you can appeal to the Residence Appeal Authority
("RAA"). This must be done within
42 days of after you have been notified of
the refusal to issue a residence permit or
The RAA is located in Wellington and accepts
written appeals. You are not required to
attend a hearing. The RAA fee is $510.00
The RAA can take up to a year to make a decision
on an appeal as they are understaffed. The RAA will determine if the decision by
NZIS was correct according to immigration
policy. If it decides the decision was correct
then it will consider whether there are special
circumstances of the case to warrant consideration
by the Minister of Immigration to grant residence
as an exception to immigration policy.
For example our New Zealand associates have
successfully appealed a NZIS decision deckling
an application for residence under the Family
Category-Adult Child on the grounds that
our client had special circumstances. These
included his strong family ties to NZ (his
mother and step-siblings are all resident
in NZ) and the length of time he had lived
in NZ (22 years out of the last 28 years).
Question 3. Partially Completed Tertiary
I have partially completed my qualification
by studying for 3 years at Moscow
(I was studying for an Interpreting
from the Department of International
Relations). Can my partially completed qualification
Immigration policy states that points may
not be awarded for partially completed qualifications.
You have explained that you have completed
3 years of study at the Moscow State University.
We presume you have not graduated with your
intended qualification. Your qualification
must be listed on the NZIS List of Recognised
Qualifications, if not, it must be assessed
Question 4. NZ Work Experience & English
I have just been issued with a 1 1/2 year
Work Permit. Do I still need
to pass the
You will be exempt from sitting the IELTS
test if you can provide evidence that:
1. You have been employed full-time (at least
30 hours a week) in NZ in an occupation for
a minimum of 12 months; and
2. Where English was the language of employment;
3 The employment is relevant to your qualification;
4 You had a valid work permit during the
period you were working.
Although you have a 1 1/2 year work permit
you must meet the above criteria. For example a Thai chef working for a Thai
restaurant for one year where only Thai is
spoken in the kitchen would not meet this
criteria as the language of employment was
Question 1. Family Category-Parent &
I have NZ residence and live in NZ permanently.
I wish to sponsor my mother for
I am her only child living in
NZ and she
has two other children living
back home in
England. Can I sponsor my mother
One of my sisters (a teacher)
living in England
is thinking about migrating to
You cannot sponsor your mother under the
Family Category as she has more children
in her home country than in NZ.
If your sister obtains NZ residency and lives
in NZ then you will be able to sponsor your
mother under the Family Category. Whether
or not she meets the Good Health requirement
depends on the seriousness of your mother's
diabetes. Even if she is deemed not to be
of Good Health she may be able to get a medical
waiver on the basis of her surrounding circumstances
(see answer to Question 3 above).
You will not be able to sponsor your sister
under the Family Category as she is not alone
in her home country (i.e. she has her brother,
mother and child there).
Your sister may be able to apply under the
General Skills category. However as she has
a teaching qualification she must first be
a fully registered teacher in NZ. This registration
process can take up to 2 years to complete.
Alternatively if she has a NZ job offer relevant
to her qualification for a position that
does not require registration then she does
not need to be registered as a teacher.
Our New Zealand associates have successfully
obtained residence for a client who had 14
years secondary school teaching experience
but as she had a PhD we argued that she could
lecture at a university or polytechnic which
does not require registration. She did not
require a job offer as a lecturer. NZIS accepted
our associates submissions and granted residence.