Areas of expertise

We have collated several questions we have been asked along with answers into a compendium, this is as follows:

(please note that answers are a reflection of current information released as of 4 October 2021).

Question Answer
I have already submitted my Skilled Migrant Category (SMC) residence application or another type of residence application, do I need to submit a new application under the 2021 Resident Visa (2021 RV)category?Yes, a new 2021 Resident visa category will need to be submitted by 31 July 2022 if you would like to secure residence under the 2021 Resident visa category. For people who are eligible to submit or have already submitted a Residence From Work Talent (Accredited Employer) residence (RFWTAE) application requesting for a permanent resident visa, we recommend contacting us to weigh the advantages and disadvantages of submitting an application under the 2021RV category.
I have already submitted a SMC or RFWTAE residence application, can I obtain a refund for the application fee?Currently, if a case officer has not been allocated to your SMC or RFWTAE residence application, and the application was submitted between 1 July 2018 and 23 February 2020 (inclusive), you are eligible to request for a refund of the application fee paid. Our understanding is that Immigration New Zealand may release further information on this.
What will process more quickly, a submitted SMC or RFWTAE residence application or a 2021RV application?A 2021RV will generally process faster than a non-prioritised SMC or RFWTAE residence application.
My visa is not listed as an eligible visa, can I secure residence through the 2021RV category?No unfortunately, if you submit an application, it is very likely that it will be declined.
I currently do not hold an eligible visa, but I submitted an application for an eligible work visa on or before 29 September 2021, can I still meet requirements under the 2021RV category?Yes, if the visa is approved and you meet all other requirements, you will be eligible to secure residence under the 2021RV category.
I hold an eligible work visa and only meet one of the requirements of: living in New Zealand for the past three years, or holding employment that pays $27 or more per hour, or holding employment in a position listed on the scarce list, can I still secure residence under the 2021 RV category?Yes, unless there are further changes to policy, you only need to meet one of the three requirements to be eligible.
Can I still submit a SMC or RFWTAE after 1 December 2021?Yes, Immigration New Zealand will still process SMC and RFWTAE applications after 1 December 2021.
I hold a Post Study work visa, but am not employed, can I meet 2021RV requirements?Yes, if you were in New Zealand on 29 September 2021 and have resided in New Zealand for the past 3 years, and meet all other requirements, you should be able to secure residence under the 2021RV category.
Is there an English language or age requirement under the 2021RV policy?

Currently, there is no English language or age requirement as part of the 2021RV policy.

The Phase 1 2021RV policy is confusing, can you please summarise this?

To be eligible to apply for a Phase 1 2021RV policy , on 29 September 2021, you must have submitted:

  1. A SMC RV application; OR
  2. A Residence From Work application; OR
  3. An SMC Expression of EOI which included a dependent child aged 17 years or older.
Do I have to be paid at least $27 per hour on 29 September 2021 or can I increase my renumeration afterwards?You need to be paid at least $27 per hour and work at least 30 hours a week on 29 September 2021 to meet this option. If you do not meet this requirement you should look to explore the other two options.
I work in a position on the Scarce list, do I have to meet any other requirements set e.g. under the Long Term Skills Shortage List?No, there is no requirement(currently) to meet requirements set under any of the other lists. Having employment that matches a role featured under the Scarce should be sufficient.

Our thoughts

The introduction of the new 2021RV is positive news for people looking to secure residence. It is important that eligibility against the general core requirements set under the new 2021RV is completed now so that there aren’t any surprises when an application is submitted.

Our advice

We recommend contacting us if you or your employees have any questions in relation to the new policy. Please note that while the core general eligibility requirements have been released, the finer details will be contained in the full policy that should be released in the coming months.

Our experts

If you have any further questions please get in touch with our immigration team, they are here to help.

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