1. What is the purpose of Form INZ 1093 for applying for New Zealand Residence from a Work Visa (LTSSL)?
The purpose of Form INZ 1093 for applying for New Zealand Residence from a Work Visa under the Long Term Skill Shortage List (LTSSL) category is to formally apply for residence status in New Zealand. This form provides the necessary information regarding the applicant’s personal details, employment history, qualifications, and other relevant information required for assessment by Immigration New Zealand. The completion and submission of Form INZ 1093 demonstrate the applicant’s intention to transition from a temporary work visa to a permanent residence status based on their skills and qualifications that are in demand in New Zealand. It is a crucial step in the application process to establish eligibility for long-term residency in the country.
2. What are the eligibility criteria for applying for New Zealand Residence from a Work Visa (LTSSL)?
To be eligible to apply for New Zealand Residence from a Work Visa under the Long Term Skill Shortage List (LTSSL), applicants must meet the following criteria:
1. Hold a current Work Visa that is based on employment in an occupation on the LTSSL.
2. Have been employed in New Zealand in an LTSSL occupation for a minimum period specified by Immigration New Zealand.
3. Meet the English language requirements unless they are exempt.
4. Provide evidence of relevant qualifications and/or work experience in the nominated occupation.
5. Meet health and character requirements.
6. Demonstrate an intention to continue living and working in New Zealand indefinitely.
7. Be under the age limit specified by Immigration New Zealand for the specific category of residence visa being applied for.
It is important to note that meeting these criteria does not guarantee approval, as each application is assessed on a case-by-case basis by Immigration New Zealand.
3. What documents are required to be submitted along with Form INZ 1093?
When submitting Form INZ 1093 for an application for New Zealand Residence from a Work Visa under the Long Term Skill Shortage List (LTSSL), various documents need to be provided to support the application. These documents typically include:
1. Passport or travel document.
2. Proof of identity.
3. Proof of employment in a LTSSL occupation.
4. Evidence of meeting health and character requirements.
5. Proof of English language proficiency.
6. Any additional documents requested by Immigration New Zealand.
It is important to carefully review the specific requirements outlined by Immigration New Zealand for the residence application to ensure that all necessary documents are included to support the application.
4. How long does it typically take to process an application for New Zealand Residence from a Work Visa (LTSSL)?
The processing time for an application for New Zealand Residence from a Work Visa (LTSSL) can vary depending on various factors. However, typically, the processing time for this type of application ranges from 6 to 9 months. It is essential to note that this timeframe is an estimate and the actual processing time may vary based on individual circumstances such as the complexity of the application, the volume of applications being processed by Immigration New Zealand at the time, and any additional documentation or information required. It is important for applicants to ensure that they submit a complete and accurate application to help expedite the processing time.
5. Can I apply for a variation of conditions on my work visa while my residence application is being processed?
Yes, you can apply for a variation of conditions on your work visa while your residence application is being processed. It’s important to note that the ability to vary your visa conditions will depend on your specific circumstances such as the type of work visa you hold and the nature of your residence application. Here are some key points to consider:
1. Eligibility: You must meet the eligibility criteria for a variation of conditions as set out by Immigration New Zealand (INZ).
2. Reason for Variation: You will need to provide a valid reason for wanting to vary the conditions of your work visa, such as a change in employment circumstances or personal situation.
3. Supporting Documentation: You may be required to submit supporting documents along with your application for a variation of conditions.
4. Processing Times: The processing time for a variation of conditions application can vary, so it’s advisable to apply well in advance if you anticipate any changes to your visa requirements.
5. Consultation: It’s recommended to seek advice from an immigration adviser or lawyer to ensure that your application is prepared correctly and to address any specific concerns related to your situation.
Ultimately, while it is possible to apply for a variation of conditions on your work visa while your residence application is being processed, it’s essential to follow the guidelines provided by INZ and seek professional guidance if needed to ensure a smooth process.
6. Are there any specific requirements for the employer sponsor in the residence application process?
Yes, there are specific requirements for the employer sponsor in the residence application process for New Zealand. Some key points to consider include:
1. The employer must be a genuine and established business operating in New Zealand.
2. The employer should have a good standing with New Zealand immigration authorities and be compliant with all immigration and employment laws.
3. The employer must provide a job offer to the applicant that meets the requirements of the Long Term Skill Shortage List (LTSSL).
4. The employer needs to demonstrate that they have tried to hire a suitable New Zealand citizen or resident for the position before offering it to an immigrant worker.
5. The employer must be willing to support the applicant’s residence application and provide any necessary documentation or information to immigration authorities.
Meeting these requirements is crucial for the success of the residence application process, as the employer plays a significant role in sponsoring the applicant and supporting their transition to becoming a permanent resident in New Zealand.
7. How can I demonstrate my commitment to settling in New Zealand in my residence application?
To demonstrate your commitment to settling in New Zealand in your residence application, you can:
1. Showcase your efforts to integrate into the local community by participating in community activities, events, or volunteering initiatives.
2. Provide evidence of your establishment of long-term ties in New Zealand, such as purchasing property, starting a business, or securing employment that aligns with the country’s long-term skills needs.
3. Demonstrate your willingness to contribute to the country’s economic and social development by showcasing your skills, qualifications, and experiences that could benefit New Zealand.
4. Show evidence of your adaptation to the New Zealand way of life, including familiarizing yourself with the local culture, customs, and legal systems.
5. Highlight any family connections you may have in New Zealand, such as a spouse, children, or close relatives, to indicate your desire for familial stability in the country.
6. Provide a well-thought-out settlement plan outlining your intentions for living, working, and integrating into New Zealand society in the long term.
7. Clearly articulate your reasons for wanting to make New Zealand your permanent home and express your dedication to contributing positively to the country’s diverse and inclusive society.
8. What are the benefits of obtaining New Zealand Residence from a Work Visa (LTSSL)?
Obtaining New Zealand Residence from a Work Visa under the Long Term Skill Shortage List (LTSSL) category comes with several benefits:
1. Settlement: Firstly, it provides a pathway to settling in New Zealand permanently, allowing individuals and their families to establish roots in the country and enjoy the long-term stability that comes with residency status.
2. Work and Study: Residency through this route also offers the flexibility to work for any employer or be self-employed, as well as the freedom to study in New Zealand without restrictions, opening up possibilities for career growth and educational advancement.
3. Healthcare and Social Benefits: As a resident, one gains access to public healthcare services and social welfare benefits offered by the New Zealand government, ensuring a higher quality of life and security for themselves and their loved ones.
4. Residence for Family: Additionally, obtaining New Zealand Residence from a Work Visa (LTSSL) allows the primary applicant to sponsor their eligible family members to join them in New Zealand, facilitating family reunification.
5. Travel: Residency status also enables easier travel in and out of New Zealand, with the privilege to live and work in the country indefinitely, while still retaining the option to travel abroad freely.
In essence, securing New Zealand Residence from a Work Visa under the LTSSL category not only grants the right to reside in New Zealand permanently but also opens the door to a range of opportunities and benefits that enhance one’s overall quality of life and prospects in the country.
9. Is there a minimum income requirement for the residence application under the LTSSL category?
1. Yes, there is a minimum income requirement for the residence application under the LTSSL category in New Zealand. Applicants are required to meet the minimum income threshold set by Immigration New Zealand to be eligible for residence. This income threshold is subject to change and is typically based on the median income in New Zealand. It is important for applicants to ensure that their income meets or exceeds the stated minimum requirement to strengthen their residency application under the LTSSL category. Failure to meet the minimum income threshold may result in the application being declined. Applicants should carefully review the current income requirements on the Immigration New Zealand website and seek guidance if needed to meet this crucial eligibility criterion.
10. Can I include my family members in my residence application under the LTSSL category?
Yes, you can include your family members in your residence application under the LTSSL category. Family members eligible for inclusion typically include your partner and dependent children. When submitting your application for New Zealand Residence from a Work Visa based on the Long Term Skill Shortage List (LTSSL), you will have the option to list your family members on the application form. They will need to meet certain eligibility criteria such as health and character requirements. Including your family members in the application allows them to also apply for residence based on your visa status, ensuring that you can all live together as residents in New Zealand.
11. What is the difference between applying for residence under the LTSSL category and other visa categories?
Applying for residence under the Long Term Skills Shortage List (LTSSL) category in New Zealand has some key differences compared to other visa categories:
1. Occupation Requirement: The LTSSL category is specifically for individuals with skills and qualifications listed on the LTSSL, ensuring that the occupation is in high demand in New Zealand.
2. Pathway to Residence: LTSSL visa holders have a direct pathway to apply for residence after completing the required period of work in a LTSSL occupation, while other visa categories may require additional steps or criteria.
3. Work Experience: LTSSL visa holders are typically required to have relevant work experience in their occupation, which may not always be a requirement for other visa categories.
4. Skill level: Occupations on the LTSSL are generally at a higher skill level, requiring specific qualifications and experience, compared to other visa categories which may cover a broader range of occupations.
5. Priority Processing: Applications under the LTSSL category may be given priority processing due to the skills shortage in those particular occupations, providing a faster pathway to residence compared to other visa categories.
Overall, while the LTSSL category offers a more streamlined pathway to residence for individuals in high-demand occupations, it also comes with specific requirements and criteria that may differ from other visa categories in New Zealand.
12. Can I apply for a work visa extension while my residence application is under process?
Yes, you can apply for a work visa extension while your residence application is under process in New Zealand. Here are some important points to consider:
1. Maintain a Valid Visa: It is crucial to ensure that your current work visa remains valid throughout the residence application process.
2. Eligibility Criteria: Make sure you meet all the criteria for a work visa extension, including any specific requirements related to your occupation or employer.
3. Immigration Updates: Stay informed about any changes in immigration policies or procedures that may impact your application.
4. Consider Professional Advice: If you are unsure about your eligibility or the process, consider seeking advice from an immigration expert or consultant.
By following these guidelines and keeping your work visa valid, you can continue working in New Zealand while your residence application is being processed.
13. Are there any health and character requirements for the residence application under the LTSSL category?
Yes, there are health and character requirements that applicants need to meet when applying for residence under the Long Term Skill Shortage List (LTSSL) category in New Zealand.
1. Health Requirements:
All applicants are required to meet certain health standards to be granted residence. This includes undergoing a medical examination and chest x-ray to assess if they have any medical conditions that could pose a risk to public health or result in significant healthcare costs. If any health issues are identified, the applicant may be required to provide additional information or undergo further tests.
2. Character Requirements:
Applicants must also meet character requirements which involve providing police certificates from all countries where they have lived for more than 12 months over the last 10 years. The purpose of this is to ensure that applicants do not have a criminal history that could pose a threat to New Zealand’s security or reputation.
Overall, meeting both the health and character requirements are essential steps in the residence application process under the LTSSL category to demonstrate that the applicant is of good character and is in good health to contribute positively to New Zealand society.
14. Can I apply for New Zealand Citizenship after obtaining residence under the LTSSL category?
Yes, you can apply for New Zealand citizenship after obtaining residence under the LTSSL category. To be eligible for New Zealand citizenship, you typically need to have held a residence class visa for at least 5 years, including time spent on a work visa that led to your residence under the LTSSL category. Additionally, you must meet all the other requirements such as being of good character, intending to continue living in New Zealand, and demonstrating a commitment to the country. It is important to review the specific citizenship requirements at the time of your application to ensure you meet all criteria for a successful citizenship application.
15. What happens if my work visa expires before a decision is made on my residence application?
If your work visa expires before a decision is made on your residence application, several consequences may arise:
1. Loss of Legal Status: Once your work visa expires, you will no longer hold a valid visa to remain in New Zealand lawfully. This may affect your ability to work, study, or access certain services in the country.
2. Risk of Deportation: If you remain in New Zealand without a valid visa, you could be considered unlawfully present, putting you at risk of deportation by Immigration New Zealand.
3. Application Consideration: While your work visa expiration could complicate matters, Immigration New Zealand will typically continue processing your residence application. However, they may request updated information or additional documents to assess your situation.
4. Consideration of Section 61 Request: If required, you may need to apply for a Section 61 request to address your unlawful status while your residence application is under review.
5. Consult a Professional: It is advisable to seek advice from an immigration expert or lawyer about the best course of action to take in this scenario to ensure your rights and immigration status are safeguarded during this period of uncertainty.
16. Is it possible to appeal a decision on a residence application under the LTSSL category?
Yes, it is possible to appeal a decision on a residence application under the Long Term Skill Shortage List (LTSSL) category in New Zealand. If your application for residence is declined, you have the right to appeal this decision to the Immigration and Protection Tribunal (IPT). The IPT is an independent body that reviews immigration decisions made by Immigration New Zealand.
1. You can appeal to the IPT if you believe that there was an error in the decision-making process, if relevant evidence was not considered, or if you have new information that was not available at the time of the initial decision.
2. The appeal process involves submitting an appeal application to the IPT within a specified timeframe after receiving the decision on your residence application.
3. The IPT will then review your case, consider any new evidence you provide, and make a decision on whether to overturn the initial decision or uphold it.
4. It is important to seek legal advice and assistance from an immigration lawyer experienced in appeals processes to help you navigate the IPT appeal process effectively.
17. What is the difference between a temporary work visa and a residence visa under the LTSSL category?
A temporary work visa under the Long Term Skill Shortage List (LTSSL) category allows individuals to work in New Zealand for a specified period, typically up to 30 months, in a skilled occupation listed on the LTSSL. This visa is temporary and does not provide a pathway to permanent residence in New Zealand. On the other hand, a residence visa under the LTSSL category is designed for individuals who have been working in a LTSSL occupation in New Zealand for a certain period of time and wish to transition from a temporary visa to permanent residency. The key differences between the two visas are:
1. Pathway to Permanent Residency: A residence visa under the LTSSL category offers a pathway to permanent residency in New Zealand, allowing individuals to live and work in the country indefinitely. In contrast, a temporary work visa only allows individuals to work in New Zealand temporarily and does not lead to permanent residency by itself.
2. Duration of Stay: Temporary work visas under the LTSSL category are granted for a specific period of time, usually up to 30 months, whereas residence visas provide individuals with the right to reside in New Zealand permanently.
3. Rights and Benefits: Holders of a residence visa under the LTSSL category are entitled to the same rights and benefits as New Zealand citizens, including access to healthcare and education. On the other hand, temporary work visa holders may have restricted access to certain services and benefits.
Overall, the main distinction between a temporary work visa and a residence visa under the LTSSL category lies in the pathway to permanent residency and the duration of stay in New Zealand.
18. How does the LTSSL category contribute to New Zealand’s long-term skill shortage needs?
The Long Term Skill Shortage List (LTSSL) category plays a crucial role in addressing New Zealand’s long-term skill shortage needs in several ways:
1. Identification of In-Demand Skills: The LTSSL helps to identify specific skills and occupations that are in high demand in New Zealand for the long term. By listing these occupations, the LTSSL provides clarity to both employers and potential migrants about the skills that are needed in the country.
2. Encouraging Skilled Migration: The LTSSL makes it easier for skilled migrants who possess qualifications or work experience in the listed occupations to apply for residency in New Zealand. This encourages the migration of individuals with the needed skills to fill the gaps in the local labor market.
3. Addressing Labor Market Gaps: By focusing on occupations that are in long-term shortage, the LTSSL aims to address critical gaps in the New Zealand labor market. This ensures that the country has a steady supply of skilled workers in key sectors such as healthcare, engineering, IT, and construction.
4. Promoting Economic Growth: By attracting skilled migrants through the LTSSL category, New Zealand can support economic growth and innovation. These skilled workers contribute to the country’s productivity, competitiveness, and overall development.
Overall, the LTSSL category is a vital tool for New Zealand to manage its long-term skill shortages, attract talent from overseas, and build a skilled workforce that meets the needs of a growing and evolving economy.
19. Can I apply for permanent residence directly without holding a work visa under the LTSSL category?
No, you cannot apply for permanent residence directly without holding a work visa under the Long Term Skill Shortage List (LTSSL) category in New Zealand. The process typically involves first obtaining a work visa under the LTSSL, meeting the visa conditions including working in a skill shortage area for a specified period, and then being eligible to apply for residence under the Skilled Migrant Category (SMC) after meeting the required criteria. Permanent residence applications are generally not accepted without fulfilling the necessary steps and requirements, which include holding a relevant work visa and meeting the eligibility criteria under the specific immigration policies. It is important to follow the prescribed visa pathways and guidelines to progress towards obtaining permanent residence in New Zealand.
20. Are there any specific job categories or occupations that are more likely to be approved under the LTSSL for residence application?
Yes, there are specific job categories or occupations that are more likely to be approved under the Long Term Skill Shortage List (LTSSL) for residence application in New Zealand. These occupations are typically in high demand in New Zealand and have a shortage of skilled workers locally. Some examples of job categories that are commonly featured on the LTSSL include healthcare professionals like doctors, nurses, and medical laboratory technicians, as well as engineering professionals such as civil engineers, mechanical engineers, and software engineers. Additionally, roles in the IT sector, construction industry, education, and trades like electricians and plumbers are often sought after and may be eligible for residence under the LTSSL. It’s essential to consult the current LTSSL provided by Immigration New Zealand for the most up-to-date list of approved occupations.