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Posts published in “Business Law”

New Zealand Temporary Entry Visa Policies

New Zealand has a range of Temporary Visa options to provide for short-term stays in the country. These include Visitor Visa, Student Visa, Limited Purpose Visa, Work Visa and Parent/Granparent Visa.

If you wish to Migrate to New Zealand, the following are some of the current INZ Temporary Entry Categories:

New Zealand Visitors Visa

If you wish to visit New Zealand, the maximum stay that a visitor may enjoy in New Zealand varies according to whether or not they are financially supporting themselves, have previously worked or studied in New Zealand, or whether they have been previously sponsored in New Zealand. The general rule, is that visitors may stay in New Zealand for a total of nine months in an eighteen month period. However some visitors may qualify for an additional three months if they are financially supporting themselves, have not previously worked or studied and were not previously sponsored in New Zealand. Twelve months in a twenty four month period is the maximum stay that a visitor may enjoy. Subsequent to this maximum time spent in New Zealand, visitors are required to spend an equal amount of time outside of New Zealand before being eligible to return as a visitor.

New Zealand Student Visa

New Zealand is a popular destination for students around the world due to the quality of educational facilities and the international recognition of New Zealand qualifications.  To study in New Zealand, students are permitted entry to undertake studies of both short and long term courses at approved educational institutes throughout New Zealand. Students are permitted to remain in New Zealand for a period of time commensurate with the length of the course which they are undertaking or the period of time for which tuition fees have been paid (whichever is the lesser). In order to maintain the right to hold a student visa, students are required, among other things, to make satisfactory progress in their course of study.

For those students wishing to undertake part time work during the course of their study, special conditions apply. Spouses, partners and dependent children of student visa holders are entitled to visitor visas for a period of time commensurate with that of the student permit.

Limited Purpose Visa

The Limited Purpose Visa has been set up to help facilitate the entry of visitors and students who might not otherwise be accepted for temporary entry to New Zealand due to a perceived risk by the INZ that they will remain in New Zealand beyond the length of their permitted stay. Alternatively, it may simply be used as a preferred method of entry. The Limited Purpose Visa is intended for those who wish to enter New Zealand for an “express purpose” for example a particular event such as a wedding, funeral, graduation, medical treatment, sports tournament, religious event, short term course of study etc. The Limited Purpose Visa has a number of restrictions including that it cannot be extended beyond the original term, the holder cannot change their status whilst in New Zealand, cannot apply for permanent residence, cannot appeal against removal or deportation and must leave upon expiry of the permit.

New Zealand Work Visa Policies

The objective of New Zealand’s work visa is to protect employment opportunities for New Zealand citizens and residents, while still allowing:

  1. New Zealand employers to recruit temporary workers from overseas to meet particular or seasonal skill needs that cannot be met from within New Zealand; and
  2. New Zealand to meet its obligations, under bi-lateral agreements negotiated with the governments of neighbouring countries in the South Pacific, to provide opportunities for citizens of these countries to undertake temporary employment in New Zealand; and
  3. Visitors to New Zealand to lawfully work while on holiday; and
  4. People who enter New Zealand under approved working holiday schemes to be granted permission to work on a reciprocal basis; and
  5. To recruit overseas workers to fill the skilled labour shortages in New Zealand.

In areas where there is a recognised skill shortage in New Zealand, the occupation may be listed on one of the Occupation Shortage Lists. If an occupation is not included on these lists it does not mean that a work visa can not be issued for that occupation. Rather, the application must be considered under a separate category- Work Visa- Essential Skills Category. Under this policy there is a requirement to provide proof that the position has been advertised and a labour market test conducted, specific to the area in which the employment is being offered. In most cases, except those areas where there is a known and recognised skill shortage in a particular region, a labour market test will usually be required (unless the application is considered under one of the Work to Residence Policies).