November 11, 2021

On 8 November Immigration New Zealand (INZ) has issued VISA PAK 488. This document outlines the interim process for Skilled Migrant Category (SMC), Residence from Work (RFW) and Work to Residence (WTR) applications that are already in process for applicants that may be eligible to apply in Phase 1 of 2021 Resident Visa.

All applications will be assessed in accordance with the general instructions given by the Deputy Secretary at A16.1 which outline the order and manner of processing of visa applications.

Interim Process

SMC and RFW applications

During the assessment stage, if an Immigration Officer identifies that an applicant may not meet the resident visa requirements under the category applied for, then the following steps will be taken:

• the Immigration Officer will inform the applicant/ their representative about the potentially prejudicial information i.e. the concerns that have been identified, and offer the following:

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• give an opportunity to the applicant to provide further information or evidence to show that they meet the requirements under SMC and RFW and/or
• give an opportunity to the applicant to inform INZ to put their SMC or RFW application on hold and test their eligibility for the 2021 Resident Visa category

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• the Immigration Officer must receive written consent from the applicant to put the SMC/ RFW application on hold. The Officer will then inform the applicant to submit a 2021 Resident Visa application. (a fee does not have to be paid upfront)
• In case the applicant requests INZ to continue processing their application under the existing resident visa category, the Immigration Officer will continue with the application assessment

WTR applications

As per current practice, when an Immigration Officer is unable to approve the ongoing WTR application but is satisfied that the applicant can be granted a visa under another category, the officer will use his discretionary powers to do so. It is the Officer’s duty to inform the applicant that they will no longer have a residence pathway from the RFW category if granted a visa under another category. If an applicant wishes to test their eligibility for the 2021 Resident Visa, a separate application will have to be lodged for this process.

Applicants must give written consent to INZ that they wish to be assessed under a different temporary visa category prior to doing so.

Get in touch with Immigration Advisors New Zealand Ltd, which provides up-to-date immigration information so you can consider opportunities and prepare yourself for the future. To know all the required procedures, contact us at [email protected] or call on +64 09 3790219.