Residence From Work

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Securing residence through work requires careful planning and precise documentation of your employment history, skills, and ongoing contribution to New Zealand. Early legal guidance helps ensure you meet all requirements and maximise your chances of approval in this competitive pathway.

The residence from work pathway allows skilled workers who have been employed in New Zealand to apply for permanent residence based on their work experience and contribution to the country. This pathway recognises that workers who have successfully established themselves in the New Zealand job market and demonstrated their value to employers should have the opportunity to make New Zealand their permanent home.

Applying for residence from work involves meeting strict criteria around employment history, skills assessment, age, health, and character requirements. The process requires substantial documentation and careful preparation, as Immigration New Zealand scrutinises applications thoroughly to ensure applicants genuinely meet the residence requirements and will continue contributing to New Zealand's economy and society.

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Understanding Residence From Work Requirements

The residence from work pathway is designed for skilled workers who have demonstrated their ability to successfully work and contribute in New Zealand. To qualify, you must have worked in New Zealand for a specified period in skilled employment that meets Immigration New Zealand's requirements.

Key requirements typically include having worked for at least two years in skilled employment, meeting age requirements (usually under 55), demonstrating English language proficiency, and meeting health and character standards. Your employment must be in roles that are considered skilled according to the Australian and New Zealand Standard Classification of Occupations (ANZSCO).

The pathway also considers factors such as your qualifications, work experience, and the ongoing demand for your skills in New Zealand. Some occupations may have additional requirements or may be prioritised based on skill shortages in specific sectors.

Employment History and Documentation Requirements

Warning: Gaps in employment or periods where you didn't meet visa conditions can significantly impact your residence application. Any periods of unemployment or work that doesn't meet skilled employment criteria must be clearly explained and may affect your eligibility.

Documenting your employment history is crucial for a successful residence from work application. You'll need to provide comprehensive evidence of your work in New Zealand, including employment contracts, payslips, tax records, and letters from employers confirming your roles and responsibilities.

Immigration New Zealand requires detailed information about each role you've held, including job descriptions, salary details, hours worked, and evidence that the work was genuinely skilled. You must demonstrate that your employment was continuous and that you met all visa conditions during your work period.

For roles that required specific qualifications or professional registration, you'll need to provide evidence of these credentials and any ongoing professional development. The documentation must clearly show that your work experience aligns with the skilled employment requirements for residence applications.

Skills Assessment and Qualification Recognition

Many residence from work applications require a formal skills assessment to verify that your qualifications and experience meet New Zealand standards. This process involves having your overseas qualifications assessed by the New Zealand Qualifications Authority (NZQA) or relevant professional bodies.

The skills assessment examines whether your qualifications are equivalent to New Zealand standards and whether your work experience demonstrates the required level of skill and expertise. Some occupations require registration with professional bodies or completion of additional training to meet New Zealand requirements.

The assessment process can take several months, so it's important to start early. You'll need to provide detailed documentation of your qualifications, including academic transcripts, professional certifications, and evidence of work experience that demonstrates your competency in your field.

Step 1

Gather qualification documents

Collect all academic transcripts, diplomas, professional certifications, and detailed work experience records from your home country and New Zealand.

Step 2

Submit for assessment

Lodge your documents with NZQA or the relevant professional body for assessment, paying required fees and providing any additional information requested.

Step 3

Await assessment results

Wait for the assessment outcome, which may include requirements for additional training or professional development to meet New Zealand standards.

Step 4

Address any additional requirements

Complete any required additional training, examinations, or professional development identified in the assessment process.

Application Timing and Strategic Considerations

Strategic tip: Some applicants benefit from waiting to strengthen their application with additional work experience, higher qualifications, or improved English test scores. An immigration lawyer can help assess whether immediate application or strategic delay would better serve your long-term residence goals.

Timing your residence from work application strategically can significantly impact your chances of success. You need to ensure you meet all minimum requirements while also considering factors such as policy changes, processing times, and your current visa status.

It's generally advisable to apply as soon as you meet the minimum requirements, as immigration policies can change and may affect your eligibility. However, you should also ensure your application is as strong as possible, with all documentation complete and any potential issues addressed.

Consider your current visa expiry dates and ensure you have sufficient time remaining to complete the residence application process. If your work visa is due to expire, you may need to apply for an extension or interim visa to maintain your legal status while your residence application is processed.

Health and Character Requirements

Important: Medical and police certificates have limited validity periods, so timing is crucial. If your application takes longer than expected to process, you may need to obtain fresh certificates, adding time and cost to the process.

All residence applications require you and your family members to meet health and character requirements. Health requirements involve medical examinations by Immigration New Zealand-approved doctors, while character requirements involve police clearances and disclosure of any criminal history.

Medical examinations must be completed by panel physicians approved by Immigration New Zealand. The extent of medical testing required depends on your age, intended length of stay, and countries you've lived in. Some medical conditions may require additional specialist assessments or may affect your application.

Character requirements involve providing police certificates from every country where you've lived for 12 months or more since turning 17. You must also declare any criminal convictions, charges, or investigations, even if they didn't result in conviction. Some character issues can be addressed through character waivers, but this adds complexity to your application.

Family Inclusion in Your Application

You can include your partner and dependent children in your residence from work application, but this significantly increases the complexity and cost of the process. Each family member must meet health and character requirements, and you must demonstrate your ability to support them financially.

Including family members requires additional documentation, including relationship evidence for your partner, birth certificates for children, and proof of dependency. The application fees multiply with each additional family member, making family applications substantially more expensive.

Consider whether it's better to include family members in your initial application or have them join you later through family category applications. While including them initially may be more straightforward, it also increases the risk of the entire application being declined if any family member fails to meet requirements.

Need help with family inclusion decisions?

Including family members in residence applications involves complex considerations around timing, costs, and risks.

Application Process and Submission

The residence from work application process involves multiple stages, from initial preparation through to final decision. The process typically takes several months, and Immigration New Zealand may request additional information or documentation during the assessment.

Your application must be complete and accurate when submitted, as incomplete applications may be returned or declined. This includes all supporting documentation, correct fees, and properly completed forms. Any errors or omissions can delay processing or result in decline.

After submission, Immigration New Zealand will assess your application against the residence requirements. They may request additional information, conduct interviews, or require further documentation. You must respond promptly to any requests, as failure to do so can result in your application being declined.

Step 1

Prepare all documentation

Gather and organise all required documents, including employment records, qualifications, medical certificates, and police clearances.

Step 2

Complete application forms

Fill out all required forms accurately and completely, ensuring all information is consistent across documents.

Step 3

Submit application and fees

Lodge your complete application with Immigration New Zealand, paying all required fees and ensuring all documents are included.

Step 4

Respond to any requests

Monitor your application status and respond promptly to any requests for additional information or documentation from Immigration New Zealand.

Common Challenges and How to Address Them

Pro tip: Many challenges can be anticipated and addressed before submission. Working with an experienced immigration lawyer helps identify potential issues early and develop strategies to strengthen your application before lodging.

Residence from work applications face several common challenges that can lead to delays or declines. Understanding these challenges and how to address them proactively can significantly improve your chances of success.

Employment verification issues are common, particularly if employers are uncooperative or if employment records are incomplete. Skills assessment delays can also impact applications, especially if additional training or qualifications are required. Changes in immigration policy during the application process can also affect eligibility or requirements.

Documentation challenges often arise when applicants cannot obtain required documents from overseas, or when documents don't clearly demonstrate the required information. Language barriers can also complicate applications, particularly when translating complex employment or qualification documents.

Frequently Asked Questions

How long do I need to work in New Zealand before applying for residence from work?

Generally, you need to have worked in New Zealand for at least two years in a skilled role that meets the requirements. However, the specific timeframe can vary depending on your visa type, occupation, and whether your role is on the Green List or meets other special criteria.

The work must be continuous and in roles that demonstrate your ongoing contribution to New Zealand. An immigration lawyer can assess your work history and advise on the optimal timing for your application.

What happens if my employer changes during my residence application?

A change of employer during your residence application can complicate the process, as your application is often tied to your employment circumstances at the time of lodging. You must notify Immigration New Zealand immediately of any employment changes.

Depending on your visa conditions and the stage of your application, you may need to withdraw and resubmit your application, or provide additional evidence about your new employment. This is a complex area where legal advice is essential to avoid jeopardising your residence prospects.

Can I include my family in my residence from work application?

Yes, you can typically include your partner and dependent children in your residence application. Your partner and children must meet health and character requirements, and you must demonstrate that you can support them financially.

Including family members adds complexity to your application, as you'll need to provide additional documentation for each person. The application fees also increase significantly with each additional family member included.

What if my residence from work application is declined?

If your application is declined, you may have options for appeal or review, depending on the reasons for decline. You might be able to address the issues and reapply, or in some cases, appeal the decision to the Immigration and Protection Tribunal.

The key is acting quickly, as there are strict timeframes for appeals and your current visa status may be affected. An immigration lawyer can assess the decline reasons and advise on your best options for challenging the decision or strengthening a new application.

Do I need to meet English language requirements for residence from work?

English language requirements depend on your specific circumstances and the pathway you're applying under. Some applicants may be exempt if they're from certain countries, have New Zealand qualifications, or meet other criteria.

If you do need to demonstrate English proficiency, you'll typically need to provide results from an approved English test like IELTS. The required scores vary depending on your occupation and pathway, so it's important to understand exactly what's required for your situation.

You don’t need all the answers

Immigration issues can feel overwhelming — especially when you’re facing deadlines. Sharing a few details about your situation is enough for a lawyer to understand the context and guide you through the next steps.

Get help with your residence from work application

Applying for residence from work can be complex, with strict requirements around employment history, skills assessment, and documentation. Find A Lawyer connects you with experienced immigration lawyers who specialise in residence applications and understand the nuances of the residence from work pathway.

Our network of qualified immigration lawyers can guide you through the application process, help you gather the right evidence, and ensure your application meets all Immigration New Zealand requirements. Get matched with a lawyer who can help secure your path to New Zealand residence.

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