1. What is the purpose of the Application for New Zealand Residence from Work Visa (Talent – Accredited Employers) (Approved in Principle) (Form INZ 1091)?
The purpose of the Application for New Zealand Residence from Work Visa (Talent – Accredited Employers) (Approved in Principle) (Form INZ 1091) is to allow individuals who hold a Talent – Accredited Employers Work Visa to apply for residence in New Zealand based on their ongoing employment with an accredited employer. This application is specifically designed for individuals who have been in New Zealand on a Talent – Accredited Employers Work Visa and meet the eligibility criteria for residence under this category. By completing and submitting Form INZ 1091, applicants can formally request to transition from a work visa to permanent residence status, provided they meet all the requirements set out by Immigration New Zealand.
2. Who is eligible to apply for residence under this category?
1. Applicants who hold a Talent – Accredited Employers Work Visa and have been granted approval in principle for residence by Immigration New Zealand are eligible to apply for residence under this category.
2. To be eligible, the applicant must have been employed by an accredited employer for a specified period as outlined in their work visa conditions.
3. The applicant must also meet the specific criteria set out by Immigration New Zealand for this residence category, which may include factors such as a minimum salary threshold, having a genuine and stable job offer from the accredited employer, and meeting health and character requirements.
4. It is important for applicants to carefully review the eligibility criteria and provide all required documentation to support their application for residence under this category.
3. What are the key requirements for a successful application under this visa category?
To successfully apply for residence under the Talent – Accredited Employers Work Visa (Approved in Principle) category in New Zealand, applicants must meet several key requirements:
1. Employment with an accredited employer: The applicant must have a job offer from an accredited New Zealand employer, who must provide a supporting statement confirming the offer of ongoing skilled employment.
2. Satisfy health and character requirements: Applicants must meet the health and character requirements set by Immigration New Zealand. This includes providing medical certificates and police certificates from all countries resided in for a specific period.
3. Minimum income threshold: Applicants must meet the minimum income threshold set by Immigration New Zealand to demonstrate that they will be able to support themselves and any accompanying family members in New Zealand.
4. Length of employment: The applicant must have been employed by the accredited employer for a specified period under the Talent – Accredited Employers Work Visa before being eligible to apply for residence.
5. Compliance with visa conditions: Applicants must have complied with all visa conditions during their stay in New Zealand and have not breached any immigration laws.
Meeting these key requirements is crucial for a successful application for residence under the Talent – Accredited Employers Work Visa (Approved in Principle) category in New Zealand.
4. How long does the application process usually take?
The application process for New Zealand Residence from Work Visa (Talent – Accredited Employers) (Approved in Principle) can vary in length. Typically, the processing time ranges from 6 to 12 months. However, several factors can influence the timeline, such as the complexity of the case, the volume of applications being processed, and any additional documentation or information requested by immigration authorities. It is essential to ensure that all required documents are submitted accurately and promptly to avoid delays in the processing of the application. Additionally, staying informed about any updates or requests from immigration officials can help expedite the process.
5. What documents are required to support the application?
To support the application for New Zealand Residence from a Work Visa (Talent – Accredited Employers) (Approved in Principle), various documents are required. These include:
1. Personal documents: Such as a valid passport, birth certificate, and any previous passports if applicable.
2. Proof of employment: This can include a letter from your employer stating your job title, responsibilities, and salary, as well as details of your employment contract.
3. Evidence of qualifications: Copies of your educational certificates or trade qualifications that are relevant to your current job.
4. Character references: These should be from individuals who can attest to your good character and suitability for residency.
5. Medical and chest X-ray certificates: These certificates are required to ensure you meet the health requirements for residency in New Zealand.
6. Police clearance certificate: To demonstrate that you have no criminal convictions that may affect your eligibility for residency.
7. Evidence of English language proficiency: Such as IELTS or TOEFL scores, if applicable depending on the requirements of your visa category.
These documents are crucial in supporting your application for New Zealand Residence and must be submitted accurately and in a timely manner to ensure the process runs smoothly.
6. Can I include my family members in my application?
Yes, you can include your family members in your application for New Zealand Residence from a Work Visa (Talent – Accredited Employers) if you hold an Approved in Principle status. This allows your immediate family members, such as your spouse or partner, and dependent children under the age of 24, to apply for residence as your accompanying family members. Including your family members in your application will require additional documentation to support their relationship to you, such as marriage certificates, birth certificates, and proof of dependency for children. It is important to ensure that all necessary information and supporting documents for each family member are provided to facilitate a smooth processing of their residence applications.
7. What is the minimum period of employment required to be eligible for residence under this category?
The minimum period of employment required to be eligible for residence under the Talent – Accredited Employers category is two years with the accredited employer who has supported the work visa application. During this period, the employee must also have held either a Talent – Accredited Employer Work Visa or a Work to Residence Visa granted under the Talent – Accredited Employer instructions. It is important for applicants to ensure that they meet all the specific criteria and requirements set out by Immigration New Zealand to successfully apply for residence under this category after completing the designated employment period.
8. Are there any English language requirements for this visa category?
Yes, there are English language requirements for the Residence from Work Visa (Talent – Accredited Employers) category in New Zealand. To meet these requirements, applicants need to demonstrate proficiency in English by providing evidence of meeting one of the following criteria:
1. Achieving an overall band score of at least 6.5 in the International English Language Testing System (IELTS) test, with no less than 6.0 in any band; or
2. Achieving an overall score of at least 4 in the International Second Language Proficiency Rating (ISLPR) test.
Meeting the English language requirement is important for successful application under this visa category, as it ensures that applicants have the necessary language skills to settle and integrate into New Zealand society effectively. It is advisable for applicants to prepare and provide the required documentation to demonstrate their English proficiency when applying for residence under this visa category.
9. How does the “approved in principle” process work?
The “approved in principle” process for the New Zealand Residence from Work Visa (Talent – Accredited Employers) involves several key steps:
1. Eligibility Assessment: The applicant must first meet the eligibility criteria for the visa category, including having a job offer from an accredited employer in New Zealand.
2. Application Submission: The applicant submits their application for the visa, including all required documentation and evidence of meeting the visa requirements.
3. Initial Assessment: Immigration New Zealand conducts an initial assessment of the application to ensure that all necessary information has been provided.
4. Approval in Principle: If the initial assessment is successful, the applicant may be granted an “approved in principle” status, which indicates that their application is likely to be approved once final checks are completed.
5. Further Checks: Immigration New Zealand conducts further checks, such as verifying the job offer and conducting character and health assessments.
6. Final Decision: Once all checks are completed satisfactorily, the applicant may be granted the New Zealand Residence from Work Visa.
Overall, the “approved in principle” process provides an indication to the applicant that their visa application is progressing positively, but final approval is contingent on the successful completion of all necessary checks and requirements.
10. What is the difference between the Talent – Accredited Employers Work Visa and the residence visa under this category?
The main difference between the Talent – Accredited Employers Work Visa and the residence visa under this category lies in the duration and the permanency of residency status granted. Here are some key points differentiating the two:
1. Work Visa: The Talent – Accredited Employers Work Visa allows skilled workers to live and work in New Zealand for a specified period, typically up to 30 months initially, with the opportunity to renew or extend the visa under certain conditions.
2. Residence Visa: On the other hand, the residence visa under this category offers permanent residency in New Zealand, allowing the visa holder to live, work, and study in the country indefinitely. This visa type also opens up pathways to New Zealand citizenship after meeting certain criteria.
3. Eligibility Criteria: While both visas require applicants to meet certain skill and employment criteria set by Immigration New Zealand, the residence visa typically demands a higher threshold of commitment and contribution to New Zealand, including a longer period of employment with the accredited employer.
4. Benefits: Holding a residence visa provides a greater sense of security and stability compared to a temporary work visa, as it offers unrestricted rights to reside and work in New Zealand without the need for employer sponsorship.
In summary, the Talent – Accredited Employers Work Visa is a temporary visa for skilled workers employed by accredited New Zealand employers, while the residence visa under the same category provides a pathway to permanent residency and eventual citizenship in New Zealand.
11. What happens if my employment with the accredited employer ends during the application process?
If your employment with the accredited employer ends during the application process for New Zealand Residence from Work Visa (Talent – Accredited Employers) (Approved in Principle), it can have implications on your residency application. Here’s what may happen:
1. You may no longer meet the eligibility criteria for the visa, as one of the requirements is to have ongoing employment with the accredited employer.
2. The Immigration New Zealand (INZ) may request further information or clarification regarding the change in employment status.
3. You may have to find another accredited employer willing to support your residency application, if your original employer is no longer able to fulfill their obligations.
It is crucial to inform INZ about any changes in your employment status promptly to ensure that your application process can be managed effectively. INZ will assess your case based on the circumstances surrounding the termination of employment and determine the appropriate course of action.
12. Can I apply for residence under this category if I have changed employers since obtaining the work visa?
Yes, you can apply for residence under the Talent – Accredited Employers category in New Zealand even if you have changed employers since obtaining the work visa. However, there are certain conditions that need to be met in order to do so:
1. You must have initially been issued a Talent – Accredited Employers Work Visa.
2. You need to have worked for your new employer for a certain period of time that is usually specified in the visa conditions.
3. Your new employer must also be an accredited employer in New Zealand.
4. You should still meet all the other requirements for applying for residence under this category, such as meeting the necessary points threshold and demonstrating your commitment to living and working in New Zealand.
It is important to consult with an immigration adviser or the official immigration website to ensure that you are meeting all the eligibility criteria before submitting your application for residence.
13. Will I be required to undergo a medical examination as part of the application process?
Yes, as an applicant for New Zealand Residence from a Work Visa (Talent – Accredited Employers) (Approved in Principle), you will be required to undergo a medical examination as part of the application process. This medical examination is necessary to ensure that you meet the health requirements for residence in New Zealand. The examination will assess your overall health status, including any potential risks or public health concerns that could affect your eligibility for residency. It is important to complete this step to ensure that your application is processed smoothly and in compliance with New Zealand immigration regulations.
14. Is there a minimum salary requirement for the accredited employer under this visa category?
Yes, under the New Zealand Residence from Work Visa (Talent – Accredited Employers) category, there is a minimum salary requirement for the accredited employer. The employer must offer a base salary that is at or above the New Zealand median annual income. This figure is regularly reviewed and updated by Immigration New Zealand. It is crucial for the employer to ensure that the salary offered meets or exceeds this threshold to support the visa application of the employee seeking residence under this category. Meeting the minimum salary requirement demonstrates that the employer values the employee’s contribution and is committed to providing a fair and competitive remuneration package. Additionally, offering a salary above the minimum requirement can help attract and retain top talent in the organization.
15. What are the conditions attached to the residence visa granted under this category?
The residence visa granted under the Talent – Accredited Employers category in New Zealand comes with certain conditions that applicants must adhere to:
1. Continued Employment: Holders of this visa must maintain their employment with the accredited employer who supported their initial work visa application.
2. Timeframe: The residence visa is typically granted for an initial period, after which holders may be eligible to apply for permanent residency.
3. Compliance: Visa holders must comply with all New Zealand laws and regulations during their stay in the country.
4. Eligibility for benefits: Holders of this visa may be eligible for certain benefits and entitlements available to residents of New Zealand.
5. Travel: Visa holders may travel in and out of New Zealand during the validity of their visa, but must ensure they meet any re-entry requirements.
These conditions are in place to ensure that visa holders continue to contribute positively to the New Zealand economy and society while also complying with the country’s laws and regulations.
16. Can I apply for a variation of conditions on my residence visa?
Yes, as a holder of a New Zealand Residence from Work Visa (Talent – Accredited Employers) (Approved in Principle), you can apply for a variation of conditions on your residence visa. This may be necessary if your circumstances change or if you need to update any details on your visa. To apply for a variation of conditions, you would need to complete the relevant form provided by Immigration New Zealand, provide any necessary supporting documents, and pay any required fees. It is important to ensure that you meet all the eligibility criteria and follow the correct procedures when applying for a variation of conditions on your residence visa.
17. Are there any specific pathway options available for applicants applying under this category?
Yes, there are specific pathway options available for applicants applying under the Talent – Accredited Employers Work Visa seeking to transition to New Zealand Residence. These pathways include:
1. Long Term Skill Shortage List Residence Visa: This pathway is for applicants who have been employed in a role on the Long Term Skill Shortage List for at least two years while holding a Talent – Accredited Employers Work Visa. This visa allows skilled workers to apply for residence in New Zealand.
2. Accredited Employer Resident Visa: Applicants who have been working for an accredited employer for at least two years on a Talent – Accredited Employers Work Visa may be eligible for this visa. This pathway allows skilled workers to transition to residence status.
3. Skilled Migrant Category Resident Visa: Upon meeting the criteria of the Skilled Migrant Category, applicants holding a Talent – Accredited Employers Work Visa may be able to apply for residence under this category. Points are awarded based on factors such as age, work experience, qualifications, and job offer.
These pathway options provide clear routes for applicants to transition from a work visa to New Zealand residence under the Talent – Accredited Employers category. Each pathway has specific requirements that applicants must meet in order to qualify for residence status.
18. How does the New Zealand Immigration assess the “genuine and stable relationship” requirement for partners included in the application?
In assessing the “genuine and stable relationship” requirement for partners included in the application for New Zealand Residence from Work Visa (Talent – Accredited Employers), the New Zealand Immigration takes into consideration various factors to determine the authenticity and stability of the relationship. These factors may include:
1. Duration of the relationship: Immigration officials may look at the length of time the partners have been together to assess the genuineness of their relationship.
2. Evidence of cohabitation: Providing documentation that shows the partners live together can demonstrate the stability of their relationship.
3. Financial interdependence: Showing joint bank accounts, shared financial responsibilities, or evidence of financial support between the partners can strengthen the case for a genuine and stable relationship.
4. Social ties: Evidence of shared social activities, mutual friendships, or joint participation in events can indicate the depth of the relationship.
Overall, the Immigration New Zealand assesses the “genuine and stable relationship” requirement by looking at a combination of these factors to ensure that the partnership is authentic and enduring.
19. Can I travel outside of New Zealand while my residence application is being processed?
Yes, you can travel outside of New Zealand while your residence application is being processed if you have a valid visa that allows multiple entries into New Zealand. However, there are certain conditions to be aware of:
1. You must ensure that your visa is still valid when you return to New Zealand.
2. It is advisable to inform Immigration New Zealand if you plan to travel while your application is being processed.
3. Keep in mind that your application may require further information or updates while you are away, so it’s essential to have a reliable means of communication established with Immigration New Zealand.
It is recommended to seek clarification from Immigration New Zealand regarding your specific situation and any travel restrictions that may apply to your case.
20. What are my options if my application for residence under this category is declined?
If your application for residence under the Talent – Accredited Employers category is declined, you have several options to consider:
1. Review the reasons for the decline: It is important to carefully review the reasons provided by Immigration New Zealand for the decline of your application. Understanding the specific grounds on which your application was rejected can help you identify any potential weaknesses in your case.
2. Appeal the decision: You have the right to appeal the decision to decline your residence application. This involves submitting an appeal to the Immigration and Protection Tribunal within a specified timeframe and presenting additional evidence or arguments in support of your application.
3. Reapply: Depending on the circumstances of your case, you may have the option to reapply for residence under the Talent – Accredited Employers category. By addressing any deficiencies in your previous application and providing additional information or documentation, you can strengthen your case for residency.
4. Seek alternative pathways: If your application for residence under this category is unsuccessful, you may explore other immigration pathways available in New Zealand, such as applying for a different visa category or seeking employer sponsorship through other streams.
It is advisable to seek guidance from an immigration advisor or lawyer to assess your options and determine the best course of action following the decline of your residence application.