Our immigration lawyers assist a diverse range of clients with residence, work and visitor visa applications, as well as family visa applications and complex entrepreneur and investor visa applications. We also represent clients in their appeals before the Immigration & Protection Tribunal and the High Court.
Below is list of Frequently Asked Questions that you may find helpful.
If you want to start or buy a business or invest in New Zealand - we can help with advising on all the relevant immigration requirements. We don’t just advise on the visa requirements, we can advise you on all associated legal aspects of investing and doing business as part of our service.We would need to assess your specific business or investment plans before we can advise whether you can meet Immigraiton New Zealand's requirements for a grant of a visa.
Investment visas If you have capital and the right skills, New Zealand can offer you dedicated investor visas that open up opportunities for you to settle, or at least spend considerable time here, enjoying all our beautiful country has to offer.
Investor 1 Category, Investor 2 Category, Parent Retirement Category and Temporary Retirement Category.
While Entrepreneur Work and Entrepreneur Residence Visas also require considerable investments, they are primarily based on buying or establishing and running a business in New Zealand and are covered by a separate visa policy.
Different levels of investments are required for different investor visa types:
- Investor 1 Category: NZD$10 million
- Investor 2 Category: NZD$3 million investment
- Parent Retirement Category: NZD$1.0 million investment + NZD$0.5 million settlement funds, plus family and annual income requirements
- Temporary Retirement Category: NZD$0.75 million investment + NZD$0.5 million settlement funds, and annual income requirements
If you are looking to obtain residence, the most typical route is to go under the Skilled Migrant Category pathway. We are experts in this visa category, having assisted numerous clients to gain residence across a range of occupations.
Whether you are in New Zealand or are offshore, we will tailor our service to your needs every time. We are happy to provide you with our full service (do everything from preparing and submitting your Expression of Interest, preparing and submitting your formal residence application, to liaising with Immigration New Zealand directly at all stages without your direct involvement to conclusion of the visa process) or limited assistance (providing you with guidance at certain key times during the process) depending on your needs.
- help you to identify whether your qualifications and experience will be enough to obtain residence
- advise you as to what your job description for your job will need to look like
- work out how many points you are eligible for and how you can obtain additional points in accordance with current immigration instructions
- recommend any alternative options for you to gain residence, if the Skilled Migrant Category is not a suitable pathway in your circumstances.
We know what’s required to obtain a Work Visa so you can work here without breaching New Zealand’s immigration laws.
Employers can be reluctant to offer someone a position if they cannot start work for an extended period (for example whilst a Skilled Migrant Category residence visa application is being processed) especially when there is no guarantee the employee will be granted a visa. Getting advice from one of our immigration experts can be critical in saving you time and reducing the chances of missing out on the perfect job opportunity.
Please note that we are not able to assist you with finding work. There are a number of recruitment specialists in New Zealand that may be able to assist you in this regard depending on your skills and qualifications.
Once you have found an employer who would like to employ you, one of our Immigration Laweyers, can work with you and your new employer on submitting a suitable work visa application to Immigration New Zealand in the required format.
There are a number of work visas that can be applied for depending on your circumstances, including:
- Essential Skills Work Visa
- Partnership-Based Work Visa
- Long Term Skills Shortage List
- Post-Study Work Visa – Open
- Post-Study Work Visa – Employer Assisted
- Talent (Accredited Employer) Work Visa
- Specific Purpose or Event Work Visa
From 28 August 2017, remuneration bands have been introduced to help determine skill levels. Essential Skills Work Visa holders are now classified as highly-skilled, mid-skilled, and lower-skilled by Immigration New Zealand.
Those Work Visa holders that are classified as lower-skilled will be able to obtain Work Visas for a maximum duration of three years, after which they will be subject to a 12 months stand down period offshore, before they can obtain a further Essential Skills Work Visa.
Lower-skilled Work Visa holders will not be eligible to have their family members accompany them to New Zealand (unless they can qualify for visas in their own right).
If you are currently employed in New Zealand and want to change your employer or your occupation, depending on the type of work visa that you currently hold, you may be able to submit an application for a Variation of Conditions to Immigration New Zealand.
If you are not eligible for a Variation of Conditions, then your employer may be able to sponsor you for another Essential Skills Work Visa. The most important thing is for the employer to demonstrate that no New Zealanders are available to take the position. This is primarily done in two ways – either that the position is on the skills shortage list, or if they can provide evidence that they have made genuine attempts to recruit New Zealanders but have been unsuccessful.Talk to us to find out how we can help.
Whether you applied for a visa to remain in, or travel to, New Zealand, when you receive a negative decision from Immigration New Zealand don’t panic all may not be lost!
Generally, when you are refused a visa you may have one or more of the following options:
- Lodge a fresh visa application with resolved concerns – addressing the areas that Immigration New Zealand based the refusal on. You may need to wait for your circumstances to substantially change enough to make a stronger visa application. We don’t recommend rushing into a fresh visa application, small investment in advice on how you can present a stronger application could improve your chances of success and give you a peace of mind.
- Lodge a complaint to Immigration New Zealand – if you believe that the immigration authorities failed to follow their own processes or that there was improper conduct on the part of an immigration official assessing your application, a complaint can be submitted.
- Seek reconsideration of your temporary visa refusal – this option is only available if you still have time remaining on your current visa. You must submit your request for reconsideration within a specific time limit.
- Appeal to the Immigration & Protection Tribunal – there are several different types of appeals that can be lodged with the Immigration & Protection Tribunal. Each has its own form to fill out and usually a fee to pay.
You can appeal each Immigration New Zealand decision only once. The Tribunal cannot accept an appeal if you have no right of appeal. Time is critical, as there is a set period within which appeals must be lodged.
It is important to seek professional advice and assistance as soon as possible, particularly regarding your right to appeal and prospects of success.What is the best option in your circumstances?
The most suitable option will depend on your personal circumstances, including your current visa status; whether you are onshore or offshore; whether you still have time remaining on your current visa or whether you are unlawful; and of course, on your resources, whether you can afford to pay for an appeal to the Tribunal or a new visa application.
We can assist you with determining which option is most suitable in your circumstances and which would have the best chances of success.
Depending on your particular circumstances, we could pursue one or more of the above options.
All visa applicants must establish that they are of ‘good character’ to be granted a visa. For those who cannot, we recommend that you seek professional assistance as soon as possible. We can give you an initial view on your situation and whether you can apply for a Character Waiver.
If we believe we can assist, we will explain the options you have, the chance of success, and the costs associated with engaging us.
No one can guarantee success in this area. Our guarantee is that we will be honest and will prepare the best possible arguments based on your particular circumstances for either a Character Waiver and/or a Special Direction request.
Wherever possible, we will assist you to resolve any medical issues raised during your visa application processing, including by submitting relevant disputing medical information and/or arguments as well as a request for a medical waiver where this is an option.
All visa applications* must be determined by Immigration New Zealand in accordance with rules of fairness and natural justice. Part of these rules is providing applicants with an opportunity to comment on any potentially prejudicial or unfavorable information before Immigration New Zealand makes a decision based on such information. Letters setting out concerns from potentially prejudicial information are known as ‘PPI letters’.
If you have received a PPI letter from Immigration New Zealand setting out their concerns with respect to your eligibility for a visa - this is a critical time. You should seek expert immigration advice as soon as possible on how best to address the concerns to secure a positive outcome. If you ignore the PPI letter and fail to respond, Immigration New Zealand will decline your visa application.
We are experts in this field, having assisted numerous applicants with their responses to PPI letters. Where we believe we can assist you with a response, we will explain the options you have, your chances of success, and the costs associated with engaging us to respond to such letters.
If we believe we cannot resolve Immigration New Zealand’s concerns or where there is a high chance that Immigration New Zealand will decline your application even if you engage us to respond on your behalf, we will inform you of our opinion so that you can make an informed decision on your next steps.
*Please note that for Temporary Visa applications made offshore, Immigration New Zealand are not required to provide applicants with an opportunity to comment on any potentially prejudicial or unfavorable information before a decision is made on this information.