Accessing the Immigration System : Who Can Apply for a Visa and Who Can’t

Moving to a new country can be an exciting but complex process, especially when it comes to navigating the immigration system. In this article, we'll take you through the key aspects of accessing New Zealand's immigration system, including who can apply for a visa and the potential barriers individuals may face.

The Importance of Meeting Specific Visa Requirements.

Acquiring a visa and securing permission to stay in New Zealand encompasses more than merely meeting the specific criteria of a visa category, like health, character, or sponsorship requirements. It also involves ensuring your eligibility to apply for the visa in the first place.

There are many types of visa available for migrants or visitors to this country and depending on your situation you will need to ensure that you choose the appropriate one. 

Before proceeding with a particular visa application, it is crucial to assess your eligibility and determine whether you meet all the necessary requirements. Failure to meet these criteria may result in your visa application being declined. Seeking guidance from Immigration advisers before submitting your application can be immensely helpful, saving you valuable time, money, and unnecessary stress. Their expertise can assist you in navigating the complex immigration process, ensuring a smoother and more successful application.

Who Can Apply for a Work Visa?

There are several work visas depending on your skill levels and whether they are deemed an essential skill. Work Visas can be temporary or lead to a residency visa. 

To understand where you skill set fits in you can assess your work experience against:

• The Green List - a list of occupations that are considered vital to the economic and social development of New Zealand. These roles can allow for a fast track to residency
• The Skilled Migrant Scheme - a point system rewarding migrants with tiered points based on their skill, experience and education.

If your role and experience does not fit within these two categories the most common form of entry into New Zealand for work is a temporary work visa called the Accredited Employer Work Visa. 

Requirements for Migrant Workers Applying for an Accredited Employer Work Visa NZ

If you are considering the Accredited Employer Work Visa, to be eligible under this scheme, the key requirements are:

• Offer of Employment: Migrant workers must have a valid offer of employment from an accredited employer.
• Role Requirements: The workers must meet all the specific requirements for the role they have been offered.
• Character Requirements: Migrant workers must meet the character requirements set by the immigration authorities.
• Health Requirements: Migrant workers must meet the health requirements set by the immigration authorities.
• Qualifications and Experience: They should possess the necessary qualifications and experience relevant to the role they are being offered.

Entering New Zealand: Do I Need a Visa Before I Travel to New Zealand?

To enter New Zealand, you typically need both a visa or entry permission. New Zealand & Australian citizens have the right to enter and leave the country freely, while non-citizens with valid visas can move around within New Zealand and leave when they want .

If you fall into any of the following categories, you may apply for a visa to work temporarily in New Zealand:

• You have received a job offer from a New Zealand employer.
• You are arriving for a specific work-related purpose or event.
• You have a partner in New Zealand and wish to join them while also working.
• You belong to a country that has a special work scheme with New Zealand.
• You have been studying in New Zealand and now wish to work here.

Furthermore, certain work visas can potentially lead to residence status, granting you the right to live, study, and work in New Zealand indefinitely. To be eligible for such visas, you must possess the necessary skills, experience, and qualifications required for the New Zealand workforce. 

For more information on how to apply for a work visa read our article  

Do I Need a Visa if I am Visiting New Zealand?

New Zealand offers a visa waiver for many countries, allowing citizens to apply for entry permission upon arrival. The IMZ website has a full list of countries that are allowed so it is important to understand if you will be covered by a visa waiver. This eliminates the need to obtain a visitors visa from overseas. However, you will still require a New Zealand Electronic Travel Authority (NZeTA) before your travel.

The NZeTA (New Zealand Electronic Travel Authority) has different validity periods depending on the traveller's status. For regular travellers, the NZeTA is valid for up to two years, allowing multiple visits during this period. 

In the following cases, you”ll be covered by a visa waiver:

• UK, up to 6 months - If you're a British citizen or passport holder with the right to live permanently in the UK, you can visit New Zealand for up to six months. This applies only if your purpose of travel is not for medical treatment.

Other visa waiver countries, up to 3 months - Citizens of over 50 specified countries can visit New Zealand for up to three months without a visa. These countries include:

• Most European countries
• Canada, the US, and Mexico (excluding Central American countries)
• Some South American countries, such as Brazil, Argentina, and Chile
• Japan, South Korea, and Malaysia (excluding other Asian countries)
• Some Middle Eastern countries, like Israel, Saudi Arabia, Kuwait, and UAE (excluding countries like Syria, Iraq, and Iran).

To obtain an NZeTA, there is a nominal fee involved. The cost of an NZeTA request is NZD $23. However, if travellers use the free app, they can avail a discounted rate of NZD $17 for their NZeTA application.

Not Everyone Can Apply: Understanding Barriers

Not everyone has the right to apply for and have their visa application considered. Some individuals are barred from applying due to their current situation. For instance, if your current visa has expired, and you're now in New Zealand illegally, or if you've already claimed refugee status, you may be barred from applying for a new visa.

Moreover, certain categories of people are prohibited from being granted any visa due to past criminal or immigration law violations, either in New Zealand or overseas. For example, if you were previously deported from New Zealand for committing a crime, you might face barriers to applying for a new visa.

Temporary or Permanent Barriers

The barrier preventing you from applying for a visa might be temporary or permanent, depending on the circumstances. If you're in New Zealand and your visa is soon to expire, leaving the country can "reset" the system, allowing you to apply for a new visa from overseas. However, some barriers, like past deportations or criminal convictions, may result in temporary or permanent bans from obtaining a visa.

Exceptions: Visas Granted in Special Cases

Despite being barred under certain rules, there are exceptional cases where Immigration New Zealand can grant a visa. For instance, individuals in New Zealand unlawfully may be considered for a "section 61" visa, granted under special circumstances. Similarly, those disqualified from getting a visa due to deportation or other reasons can seek a "special direction" from the Minister of Immigration.

Check Before You Fly

Accessing the immigration system in New Zealand involves understanding the specific requirements for the visa you're applying for and determining if any barriers prevent you from applying. Before travelling to New Zealand, make sure to check the latest border entry requirements and visa regulations to ensure a smooth and successful journey to this beautiful country.

If You Need Advice On Work Visas & Residency Applications

If you need advice on your next steps talk to a licensed immigration adviser who can help you navigate the immigration process. With the help of a licensed immigration adviser in New Zealand, you should be able to obtain your desired work visa with no problem, so long as you meet all of the accredited employer work visa requirements.

Contact Malcolm Pacific Immigration for a Free Consultation

Get in contact with our immigration advisers today.

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