New Zealand: Resident Visa for Temporary Visa Holders Forthcoming

• Eligibility. The following temporary visa holders will be eligible for the visa:
  • Those who were in New Zealand under an eligible visa by September 29, 2021 (eligible visas include Post Study Work Visa; Talent (Accredited Employer) Work (Work to Residence) Visa; Essential Skills Work Visa; Talent (Arts, Culture, Sports) Work Visa; Long Term Skill Shortage List Work Visa;  Silver Fern Practical Experience Work Visa; Work Visa granted under Section 61 (provided the applicant held another eligible visa type within six months before being granted a Section 61 visa); Critical Purpose Visitor visa holders granted under the Critical Health Worker; and other Critical Worker streams that grant visas valid for more than six months.
  • Those who filed an eligible visa application on or before September 29, 2021 (and the eligible visa was subsequently granted);
  • Select Critical Purpose Visitor visa holders who arrived between September 30, 2021 and July 31, 2022; and
  • Eligible New Zealand temporary visa holders who are in Australia and have been unable to return to New Zealand by September 29, 2021.
• Additional criteria. Applicants must also meet the following criteria:
  • Lived in New Zealand for at least three years as of September 29, 2021;
  • Earned at least the median wage (NZD 27 per hour) or worked in a role on a shortage occupation list on September 29, 2021.
• Application phases. The application process will occur in two phases:
  • Phase 1 opening December 1, 2021: Applicants who filed a Skilled Migrant Category or Residence from Work visa application, or submitted a Skilled Migrant Category Expression of Interest and have included a dependent who is over 17 years old before September 29, 2021; and
  • Phase 2 opening March 1, 2022: All other eligible applicants.
• Dependents. Partner and dependent children (onshore or offshore) may be included in the 2021 Resident visa application and must meet health and character requirements.
  Application deadline. All 2021 Resident visa applications must be filed by July 31, 2022.

The government has stated that most applications under this pathway will be processed within a year of the opening of the category, and that most will be processed much faster. This will be a welcome development, as other residence pathways have been experiencing a significant backlog.

This one-off resident visa program will offer up to 165,000 spots and will provide a way for migrants who have been negatively impacted by COVID-19 to obtain residence, and will also provide certainty for New Zealand businesses seeking to hire foreign nationals during a time of high levels of skills gaps.

Further policy details are expected to be released by Immigration New Zealand by the end October 2021. We will publish relevant developments.

LIA: 201800926