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Applying for a temp NZ visa

Craig Millard of Kiwi Emigration explains how to apply for temporary residence in New Zealand.

Temporary work visas are issued in New Zealand for a variety of reasons and for differing lengths of time. Here we examine the different types, the requirements and what, if any, restrictions exist on each type.

For all temporary visas, there are common requirements which are:
Individuals must be in good health and meet the character requirements;
Have a passport which is valid for at least three months after the date on which you are due to leave New Zealand;
Be genuine in wanting to work in New Zealand; and
Have the right visa for your visit. Once granted a permit, certain conditions must also be met:
The work you do must be in line with the conditions specified in your permit;
You must stay within the laws of New Zealand; and
You must only stay in New Zealand for the length of time specified by your permit.
Having met all of the above criteria, it is then important to ensure that you apply for the right permit under the right policy. Here we examine what they are.

Applying with a job offer
There are two routes which determine the correct policy to apply under and these are determined by whether the job you have been offered is generally in demand in New Zealand. The determining factor for this is the Immediate Skills Shortage List.

If you have been offered a job which is on the Immediate Skills Shortage List, for example HGV Driver, then you may apply under the General Work (Immediate Skill Shortage List) Policy. In assessing your application, Immigration New Zealand will need to satisfy themselves that:
The employment offer is genuine;
The offer of work is sustainable; and
The employer will be able to fulfil their obligations under New Zealand law.
If your job isn't listed on the Immediate Skills Shortage List then you may be able to apply under the General Work (Other) Policy. However, the onus is on the employer to demonstrate that no New Zealanders were available to do the job.

An employer can request approval in principle to employ overseas candidates. This must be done before making any offer of work. They must be able to show that they have attempted to find New Zealanders for the job. This could be done in many ways, such as through adverts over a period of time advertising the position. However, the adverts must not be written in such a way as to discourage New Zealanders from applying. Immigration New Zealand will also seek to ensure that an employer will be able to fulfil their obligations under New Zealand law.
 
Joining your partner
The Family Stream is used for people who wish to work temporarily in NZ while joining their partner there. Examples of where this may be used would include, but are not limited to:
A partner who has been offered a job and qualifies for a work visa, the other partner could apply for a temporary visa under the family stream to allow them to find work. The length of the visa would be for the same period as that issued to their partner under the Work policies.
Where an individual is going to New Zealand to study, their partner could apply for a temporary work visa to allow them to work whilst their partner studies. In this instance, the visa would run for the same period as the partners course. Immigration New Zealand also have to be satisfied that the partnership is genuine: in other words, individuals have been in a stable relationship for at least 12 months. The sponsoring partner will also need to submit a letter of support.

Student Visas
A student can obtain temporary work visas under two circumstances. Where a student has completed their studies, they can apply for a work visa under the Study to Work policy whereas students who want to gain work experience in New Zealand in order to fulfil the requirements of their course can apply through the Students and Trainee policy. In order to qualify under the Study to Work policy, the job offer needs to be relevant to the qualifications undertaken and that the qualification obtained was undertaken in New Zealand for a minimum of three years. In addition, the course would need to qualify for points under the Skilled Migrant Category requirements.

Going to NZ for a specific purpose/event
The Specific Purpose/Event policy is for people who wish to work temporarily in New Zealand for a specific purpose or event. Examples of this kind would be:
Coach or a sporting team;
Sportsmen or women;
Referees;
Examiners;
Installers or maintainers of machinery or equipment;
Entertainers;
Film/Video crew; or
Chief Executives or Senior staff of multi-national organisations.

In order to qualify under this policy, individuals need to demonstrate that they possess the relevant skills and how their skills may benefit New Zealand. They need to include the job offer and the schedule of events, where applicable, for the duration of their stay. Finally individuals need to show how they will pay their living costs whilst in New Zealand and that they intend to leave at the end of the period of the permit.

Summary
As shown above, there are a number of different types of temporary visas and it is important to identify and apply under the correct policy for your circumstances. Updates are often made to temporary policies and the Immediate Skills Shortage list is updated twice a year, thus it is important to seek advice to ensure that you apply under the correct policy.

For further information:
Kiwi Emigration   

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21 January 2008