Government FormsNew Zealand

Application for New Zealand Residence from Work Visa (Form INZ 1170) for New Zealand

1. What is the process for applying for New Zealand Residence from a Work Visa using Form INZ 1170?

To apply for New Zealand Residence from a Work Visa using Form INZ 1170, you must first meet the eligibility criteria, which includes having held the relevant work visa for a specified period of time, demonstrating a commitment to New Zealand, and meeting health and character requirements. The process involves completing Form INZ 1170 accurately and providing all required documents, such as proof of identity, employment history, and evidence of meeting the eligibility criteria. You may also need to undergo a medical examination and provide police certificates.

Once your application is submitted, Immigration New Zealand will assess it based on the information provided. If additional information is required, you may be asked to provide further documentation or attend an interview. If your application is successful, you will be granted New Zealand Residence and may be issued a Resident Visa. It’s important to ensure that all information provided is truthful and accurate to avoid any delays or potential issues with your application.

2. What are the eligibility criteria for applying for New Zealand Residence from a Work Visa?

To be eligible for applying for New Zealand Residence from a Work Visa, individuals must meet certain criteria, including but not limited to:

1. Holding a valid Work Visa at the time of application submission.
2. Having spent a certain amount of time working in New Zealand on their Work Visa.
3. Meeting specific character requirements, such as having no criminal convictions.
4. Demonstrating a commitment to New Zealand by abiding by the country’s laws and regulations.

Additionally, individuals should have a clean immigration history and be in good health. It is recommended to thoroughly review the specific eligibility criteria outlined by Immigration New Zealand, as requirements may vary based on individual circumstances and visa categories. It is advisable to seek professional guidance to ensure a smooth and successful application process.

3. What documents are required to be submitted along with Form INZ 1170 for the residence application?

When submitting Form INZ 1170 for a residence application in New Zealand, several important documents are required to support your application. These documents typically include:

1. Passport: A copy of your valid passport, including all pages with visa stamps and personal information.

2. Work Visa: Copies of your current and previous work visas, if applicable, to demonstrate your legal status in New Zealand.

3. Identity Documents: Proof of identity documents such as birth certificates, national IDs, or driver’s licenses.

4. Police Clearance Certificate: A police clearance certificate or record from your home country or any country where you have lived for more than 12 months.

5. Medical and Chest X-ray Certificate: A completed medical and chest x-ray certificate from a designated panel doctor in New Zealand.

6. Evidence of Relationship: If applying as a family, evidence of relationship documents such as marriage certificates, birth certificates, or adoption papers.

7. Financial Documents: Proof of sufficient funds to support yourself and any accompanying family members in New Zealand.

8. Character References: Character references from individuals who can attest to your good character and conduct.

9. Employment Documents: Employment contracts, pay slips, and letters from employers to demonstrate your work history and contribution to New Zealand.

It is essential to ensure that all required documents are submitted accurately and in the specified format to support your residence application successfully.

4. How long does it typically take for the residence application to be processed after submitting Form INZ 1170?

The processing time for a residence application after submitting Form INZ 1170 can vary depending on various factors. However, as a general guideline, it typically takes around 4 to 6 months for Immigration New Zealand to process a residence application from the time it is submitted. This timeframe may be longer if further information or documentation is required or if there are complexities in the application that need to be assessed thoroughly. It is important for applicants to ensure that they provide all necessary information and supporting documents to help facilitate a smoother and faster processing of their residence application.

5. Is there a fee associated with submitting Form INZ 1170 for the residence application?

Yes, there is a fee associated with submitting Form INZ 1170 for the residence application in New Zealand. The fee amount can vary depending on individual circumstances such as whether the application is being submitted online or in-person, the type of visa being applied for, and if any additional services are required. It is advisable to check the current fee schedule on the Immigration New Zealand website to ensure the correct fee is paid when submitting the application. Additionally, it is important to note that the fee is non-refundable regardless of the outcome of the residence application process.

6. Can the residence application be submitted online or does it have to be done in person?

Yes, the residence application can be submitted online through the Immigration New Zealand website. This online process is convenient and allows applicants to fill out the required forms, upload documents, and pay the necessary fees electronically. However, some applicants may prefer to submit their application in person by visiting a Visa Application Centre or the nearest Immigration New Zealand office. In-person submission can be beneficial for those who prefer face-to-face interaction or have specific questions that they would like to discuss with an immigration officer. Ultimately, the choice between online or in-person submission depends on the applicant’s personal preference and circumstances.

7. What are the different pathways available for transitioning from a Work Visa to New Zealand Residence?

There are different pathways available for transitioning from a Work Visa to New Zealand Residence:

1. Skilled Migrant Category (SMC): This pathway is for individuals who have skilled work experience and qualifications that are in demand in New Zealand. To be eligible under the SMC, applicants need to meet specific criteria related to age, health, character, language, and work experience.

2. Residence from Work visa: This pathway allows individuals who have held a Work to Residence visa for at least 24 months to apply for residence. To be eligible, applicants must have been employed in New Zealand for that period and meet certain salary and skill level requirements.

3. Family stream: Individuals who have close family members who are New Zealand citizens or residents may be eligible to apply for residence under the family stream pathway.

4. Entrepreneur Residence Category: For individuals who have successfully established a business in New Zealand and have been self-employed for a certain period, the Entrepreneur Residence Category provides a pathway to residence.

5. Investor Category: This pathway is available for individuals who have significant funds to invest in New Zealand and meet certain investment criteria. Successful applicants can gain residence through the Investor Category.

6. Other special categories: There are other special categories available for transitioning from a Work Visa to New Zealand Residence, such as the Refugee Family Support Category, Pacific Access Category, or Samoan Quota Scheme.

Each pathway has its own specific criteria and requirements, so individuals looking to transition from a Work Visa to New Zealand Residence should carefully review the options available to determine the best pathway for their circumstances.

8. Are there any specific requirements for the Work Visa that need to be met in order to be eligible for the residence application?

Yes, there are specific requirements for the Work Visa that need to be met in order to be eligible for the residence application in New Zealand. These requirements include:

1. Duration of Work Visa: Generally, individuals must have held a Work Visa for a specified period of time, usually between 24 and 30 months, depending on the visa category, before being eligible to apply for residence.

2. Employment Conditions: Applicants must have been in genuine employment while holding their Work Visa and met the conditions of their visa, such as working in a skilled occupation or in an area of identified skill shortage.

3. Character and Health Checks: Applicants must meet the character and health requirements set by Immigration New Zealand. This includes providing police certificates from all countries resided in and undergoing medical examinations.

4. Family Considerations: If applying for residence as a family unit, all family members included in the application must meet the respective visa requirements.

5. Meeting Points Threshold: For some residence categories, applicants need to meet a points threshold based on factors such as age, work experience, qualifications, and job offer in New Zealand.

Meeting these requirements is crucial for a successful residence application following a Work Visa in New Zealand. It is advisable to consult with an immigration adviser or lawyer to ensure all eligibility criteria are thoroughly understood and met.

9. What are the implications for family members when applying for New Zealand Residence from a Work Visa using Form INZ 1170?

When applying for New Zealand Residence from a Work Visa using Form INZ 1170, there are several implications for family members:

1. Inclusion of family members: Family members can be included in the application for residence, which allows them to potentially also obtain New Zealand residency status.

2. Financial support: The primary applicant must show evidence of financial support for their family members, including proof of funds to meet their living expenses in New Zealand.

3. Health and character requirements: Both the primary applicant and their family members must meet the health and character requirements set by Immigration New Zealand.

4. Duration of stay: Family members included in the application will also have their residency status linked to the primary applicant’s work visa, meaning they may need to renew their visa or residency status if the primary applicant’s circumstances change.

5. Consideration of family ties: Immigration New Zealand assesses the extent of family ties in the decision-making process, including the relationship between the primary applicant and their family members.

6. Impact on children’s education: Family members, particularly children, may need to transition to the New Zealand education system, which could involve additional requirements and adjustments.

7. Access to healthcare: Family members will also gain access to the New Zealand healthcare system as residents, which may entail enrolling in healthcare services and understanding the local healthcare provisions.

8. Language requirements: Depending on the age and circumstances of the family members, they may need to meet certain English language proficiency requirements as part of the residency application process.

9. Permanent residency and citizenship: Once granted residency, family members may eventually be eligible to apply for permanent residency and even citizenship in New Zealand, providing them with long-term settlement options in the country.

10. How does the time spent on a Work Visa affect the eligibility for applying for New Zealand Residence?

The time spent on a Work Visa can significantly impact one’s eligibility for applying for New Zealand Residence. Here are some key points to consider:

1. Duration of Work Visa: The length of time spent on a Work Visa is crucial, as it may determine whether an individual meets the minimum residency requirement to apply for New Zealand Residence.
2. Skill Level: Work Visa holders in certain skill shortage occupations or with high-demand skills may have streamlined pathways to residency, depending on the duration of their employment in New Zealand.
3. Employment Conditions: Immigration New Zealand considers factors such as whether the individual has been working full-time and meeting all visa conditions during their time on the Work Visa.
4. Policy Changes: It is important to stay updated on any changes to immigration policies, as these may impact the eligibility criteria for transitioning from a Work Visa to New Zealand Residence.

Overall, the time spent on a Work Visa can be a significant factor in determining eligibility for applying for New Zealand Residence. It is essential to review and understand the specific requirements and criteria set out by Immigration New Zealand to maximize the chances of a successful residency application.

11. Are there any additional supporting documents that can be provided to strengthen the residence application submitted with Form INZ 1170?

Yes, there are several additional supporting documents that can be provided to strengthen a residence application submitted with Form INZ 1170 for New Zealand. Some of these documents include:

1. Employment Records: Providing detailed employment records demonstrating the length of time you have worked in New Zealand can strengthen your application.

2. Financial Documents: Proof of stable income, savings, or investments can show your financial stability and ability to support yourself in New Zealand long-term.

3. Qualifications: Submission of relevant qualifications or certifications can enhance your application, especially if they are in a high-demand skill area.

4. Health and Character Certificates: Providing up-to-date health and character certificates can demonstrate your eligibility to become a New Zealand resident.

5. Proof of Integration: Showing ties to the community, such as involvement in local organizations or volunteer work, can also strengthen your case for residence.

By providing a comprehensive set of supporting documents that showcase your commitment to New Zealand and your ability to contribute to the country, you can significantly improve your chances of a successful residence application.

12. What are the potential reasons for a residence application to be rejected when submitted with Form INZ 1170?

There are several potential reasons why a residence application submitted with Form INZ 1170 may be rejected. Some of the common reasons include:

1. Incomplete or inaccurate information provided on the application form.
2. Failure to meet the specific eligibility criteria for residency under the relevant visa category.
3. Inadequate supporting documentation or evidence to substantiate claims made in the application.
4. Lack of proof of English language proficiency, if required.
5. Failure to meet health or character requirements.
6. Previous breach of visa conditions or immigration laws.
7. Insufficient funds to support oneself and any dependents in New Zealand.
8. Inconsistencies in the information provided during the application process.
9. Misrepresentation or providing false information.
10. Adverse information discovered during the background check or verification process.
11. Changes in immigration policies or regulations that affect the applicant’s eligibility.
12. Any other reasons that may pose a risk to New Zealand’s immigration system or public interest.

It is essential to thoroughly review the eligibility criteria and requirements before submitting a residence application to increase the chances of approval. It is also advisable to seek professional guidance or assistance to ensure the application is completed accurately and comprehensively.

13. Can an individual continue working in New Zealand while their residence application is being processed after submitting Form INZ 1170?

1. Yes, an individual can continue working in New Zealand while their residence application is being processed after submitting Form INZ 1170. This is possible through the interim visa, a temporary visa granted to applicants who have applied for a further temporary visa or a resident visa before their current visa expires. The interim visa allows the individual to remain in New Zealand lawfully until a decision is made on their residence application. It usually comes into effect automatically when the current visa expires, providing continuity of legal status in the country. It’s important to note that certain conditions and requirements must be met to be eligible for an interim visa, and it’s advisable to ensure timely submission of all necessary documentation to avoid any interruptions in the right to work in New Zealand during the processing of the residence application.

14. Is it possible to appeal a decision on the residence application made after submitting Form INZ 1170?

Yes, it is possible to appeal a decision on a residence application that is made after submitting Form INZ 1170 in New Zealand. If the application is declined, the applicant has the right to lodge an appeal with the Immigration and Protection Tribunal (IPT). The appeal process allows the applicant to present additional evidence or arguments to support their case. The IPT will review the decision made by Immigration New Zealand and consider all relevant information before making a determination on the appeal. It is essential to carefully follow the procedures and timelines set out by the IPT for lodging an appeal to ensure that your case is heard and considered properly.

15. What are the implications of a change in employment or employer while the residence application is being processed after submitting Form INZ 1170?

If there is a change in employment or employer while your residence application is being processed after submitting Form INZ 1170, several implications may arise:

1. Notification Requirement: You are required to notify Immigration New Zealand (INZ) about any changes in your employment or employer during the processing of your residence application.

2. Validity of Job Offer: If your residence application is based on a job offer from a specific employer, a change in employer may impact the validity of the offer and could potentially result in the application being declined.

3. Assessment of Continuing Employment: INZ assesses residence applications based on the commitment to continue employment in New Zealand. A change in employment could lead INZ to reassess the applicant’s eligibility for residence.

4. Need for Updated Information: You may need to provide updated employment information, such as a new job offer or employment contract, to INZ to ensure the continuity of your residence application.

5. Potential Delays or Reassessment: A change in employment or employer could potentially lead to delays in the processing of your residence application as INZ assesses the impact of these changes on your eligibility.

It is crucial to consult with immigration experts or advisors if you plan to change your employment or employer while your residence application is under consideration to understand the implications and take the necessary steps to safeguard your application’s success.

16. How does the expiry of the initial Work Visa impact the residence application submitted with Form INZ 1170?

1. The expiry of the initial Work Visa can have a significant impact on the residence application submitted with Form INZ 1170.
2. If your Work Visa expires before a decision is made on your residence application, you may be issued a interim visa to remain lawfully in New Zealand while your residence application is being processed.
3. It is crucial to ensure that your interim visa is valid and comply with any conditions attached to it to avoid any adverse effects on your residence application.
4. Moreover, if your Work Visa expires and you do not hold a valid interim visa, you may be considered unlawful in New Zealand, jeopardizing your chances of obtaining residence status.
5. Therefore, it is important to carefully manage your visa status and seek appropriate advice or assistance to navigate the transition from a work visa to a residence application smoothly.

17. Are there any specific English language proficiency requirements for the residence application submitted with Form INZ 1170?

Yes, there are specific English language proficiency requirements for the residence application submitted with Form INZ 1170. The applicant must meet one of the following English language requirements:

1. The applicant has an English language test result that meets the minimum requirements specified by Immigration New Zealand, such as achieving a certain score in tests like IELTS or TOEFL.
2. The applicant has successfully completed a qualification in New Zealand that is at least a level 4 certificate on the New Zealand Qualifications Framework or higher.
3. The applicant is a citizen of Canada, the Republic of Ireland, the United Kingdom, the United States of America, or Australia and has lived in one or more of these countries for at least five years since gaining their qualification.
4. The applicant has successfully completed two years of full-time study in New Zealand towards a qualification that is at least a level 4 certificate on the New Zealand Qualifications Framework or higher.
5. The applicant has assessed and approved evidence that they have met the minimum standard of English language proficiency through their work experience in a role in New Zealand that requires a high level of communication skills.

It is important for applicants to carefully review and meet these English language proficiency requirements to ensure the successful processing of their residence application.

18. How does the duration of stay in New Zealand on a Work Visa affect the likelihood of a successful residence application?

The duration of stay in New Zealand on a Work Visa can significantly impact the likelihood of a successful residence application. Here are some key points to consider:

1. Longevity in New Zealand: Spending an extended period on a Work Visa showcases your commitment to contributing and settling in New Zealand, which can strengthen your residence application.

2. Stability: A longer stay demonstrates stability and integration into New Zealand society, which may be viewed favorably by immigration officials evaluating your residence application.

3. Employment history: The duration of your work in New Zealand can also provide evidence of your skills, experience, and value to the local labor market, which are essential factors in residence applications.

Overall, a longer stay on a Work Visa can enhance your chances of a successful residence application by demonstrating your commitment, stability, and contribution to New Zealand during your time on the visa.

19. Are there any instances where an individual may not be eligible to apply for New Zealand Residence from a Work Visa using Form INZ 1170?

Yes, there are instances where an individual may not be eligible to apply for New Zealand Residence from a Work Visa using Form INZ 1170. Some of the common reasons include:

1. Ineligibility criteria: If the individual does not meet the specific eligibility requirements outlined in the immigration policies for transitioning from a Work Visa to residence status, they will not be eligible to apply using Form INZ 1170.

2. Visa status: If the individual’s current Work Visa does not allow for transition to residence status, they may not be eligible to apply using this form.

3. Immigration history: Individuals with a history of immigration violations or fraudulent activities may not be eligible for residence status through this process.

4. Criminal record: Having a criminal record may impact an individual’s eligibility to apply for New Zealand Residence from a Work Visa using Form INZ 1170, depending on the severity of the convictions.

5. Health requirements: If an individual does not meet the health requirements set by New Zealand immigration authorities, they may not be eligible to apply for residence status using this form.

It is essential for individuals to carefully review the eligibility criteria and assess their own circumstances before applying to avoid any potential issues or delays in the process.

20. What are the obligations and responsibilities that come with obtaining New Zealand Residence after submitting Form INZ 1170 from a Work Visa?

Obtaining New Zealand Residence after submitting Form INZ 1170 from a Work Visa comes with several obligations and responsibilities that must be adhered to:

1. Residency Requirements: Once granted residence, you must reside in New Zealand as a resident and meet any travel conditions imposed on your residency.

2. Compliance with New Zealand Laws: Residents are expected to abide by all the laws of New Zealand and it is essential to maintain a clean legal record.

3. Tax Obligations: As a resident, you are required to fulfill your tax obligations by paying taxes on your income earned in New Zealand and any overseas income that is taxable in New Zealand.

4. Healthcare Responsibilities: Residents are typically entitled to publicly funded healthcare, so it is important to enroll with a local healthcare provider to ensure you have access to medical services when needed.

5. Commitment to New Zealand: Residents are expected to contribute positively to New Zealand society and respect its values, culture, and way of life.

6. Residency Conditions: It is essential to understand and comply with any specific conditions attached to your residency, such as work restrictions or obligations related to investment or business activities.

7. Visa Renewal: Regularly check the expiration date of your residency and ensure that you apply for renewals or extensions in a timely manner to avoid any lapses in your immigration status.

By fulfilling these obligations and responsibilities, individuals can enjoy the benefits of permanent residency in New Zealand and work towards becoming an integral part of the local community.