2021 Resident Visa
SPECIAL
November 2021
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Greetings!
You have received this limited circulation newsletter because we believe that its contents will be important to you. It focuses entirely on the "one-time" 2021 Resident Visa scheme which the Government announced at the end of September 2021.

We have investigated the new policy and processes in order to give clear advice on whether people can apply, and how to apply. We have published some ideas in our blogs and newsletters already, but this email goes a bit further with some specific details and things to think about. We may send other news this way for you soon as well.

Simon Laurent
Principal
Who Can Apply?
The 2-stage process in order to qualify is explained in more detail in a blog we have just published. It's probably best to read that directly.

Put simply, people must cross 2 hurdles:

  1. Hold one of the list of Eligible Visas (which are Work Visas) on 29 September 2021, or have applied for one and got it approved.
  2. Meet any one of 3 criteria:
  • Settled: been in NZ for most of the 3 years up to 29 September; or
  • Skilled: be paid, or will be paid, at least $27 an hour; or
  • Scarce: be working, or will be working, in a job for which there is a shortage of people, on a new (and quite broad) occupation list.

People who were applying on 29 September for a visa that met the Skilled or Scarce criteria, and later got it approved, can then qualify as well.

There are a couple of other groups who might qualify, including those who were overstayers and got a Work Visa through a "section 61" request. Email me if you are not sure.
When to Apply
There are 2 phases:

1. 1 December 2021: you can start your application if you had already filed one of the following:
  • Skilled Migrant Residence application;
  • Work to Residence application - for instance, if you work for an Accredited Employer or your Work Visa was granted because the job is on the Long Term Skill Shortage List (LTSSL);
  • Skilled Migrant Expression of Interest (EOI) which includes a child who is 17 or older on 29 September.
2. 1 March 2022: everyone else can apply who meet the Eligible Visa and Settled/Skilled/Scarce rules.
What Does it Cost?
We have set the standard fee to handle a 2021 Resident Visa application at $3100 + GST = $3565. This covers the full application process until a decision is made.

However, we may quote a higher fee where the case is more complicated - for example:

  • Past criminal convictions will require a Character Waiver;
  • We identify a real risk that Immigration will challenge your claim to be on a Skilled or Scarce Work Visa.

Our fee does not include the Government application fee of $2160. You may only need to pay the difference in fees, or even get a partial refund, if you withdraw your existing Skilled Migrant or Residence from Work application, or SMC EOI, because you are switching to the 2021 Resident Visa.
Why Use a Lawyer for This?
On the face of it, the 2021 Resident Visa is meant to be quite simple. However, I have identified a couple of potential problems explained in more detail in the latest blog:

  • If you are still waiting for your Eligible Visa application to be approved, you probably cannot, and should not, try to apply for Residence until you get the visa.
  • If you are paid a salary and not an hourly wage, you may not meet the Skilled $27-an-hour requirement if you work extra hours from time to time without overtime.
  • You have to maintain your eligibility for the 2021 Resident Visa right through to the time the application is decided, which could be a year or more in the future. Take some advice before you think about changing jobs in the meantime.
  • Someone just asked us about the situation where you are the main applicant for Skilled Migrant Residence, but it's your partner who holds the Eligible Visa (say, Essential Skills), while you have a Partner Visa. In that case it's only your partner who can apply for the 2021 Resident Visa, and you will have to wait until March to put it in.

Applications will be made online. Immigration is rolling out a new web platform for the purpose, although we haven't seen any sign of it yet. We will make ourselves familiar with what the system requires, and will be able to save you the headache of learning how to navigate through it.

Providing the right documents up-front is critical to ensure the application is processed smoothly, We have seen many cases where not knowing what Immigration actually wants can be fatal. There is probably only one chance to apply, because applications close on 31 July 2022. This means that you want to get this right first time.