2021 Resident Visa - Advanced Level FAQs Part 2

29 March 2022

With majority of one-off 2021 Resident Visa (21RV) applications already submitted, one would assume the policy was clarified. Alas, that is not the case. Through New Zealand Association of Migration and Investment (NZAMI), Immigration New Zealand has provided further clarity on a range of curly yet pressing scenarios – those where the answers were not so clear.

We summarise these for you.

If an applicant goes offshore after submitting their 21RV, what happens?

Nothing happens, applications will continue to be processed as normal, even if the applicant departs NZ.

If the applicant departs NZ after submitting 21RV, will their application be deprioritised or slowed down?

No, it will be processed as normal. Residence Visa can be granted even if they are offshore.

INZ said that they will release 2021RV applications in order of main applicant’s visa expiry date. What if I obtain another temporary visa, then will they go with the original visa expiry date?

The allocation of application is based on principal applicant’s visa expiry date as at the time to making the 21RV application. If an applicant obtains a further temporary visa (post-submission of their 2021 Resident Visa application), or is granted a 2021 Resident Visa interim visa, INZ will still use their former visa expiry date for allocation purposes

What if an applicant had signed an employment agreement prior to 29/09/2021 to start a role that would meet the policy requirements, but had not started it on that date?

A principal applicant with an individual employment agreement signed prior to 29/9/2021 can be considered to meet employment requirements on 29/9/2021 even if they hadn’t actually started working by 29/9/2021, as long as they did start working within a reasonable timeframe. Assessments will be made on a case-by-case basis.

In cases where a secondary applicant does not meet health or character requirements will the entire application be declined or only the secondary applicant?

If any applicant included in the application does not meet health or character requirements and is not granted a waiver (or is not eligible for a waiver, medical or character), then the entire application must be declined in accordance with immigration rules.

What if my hours were not 30 hours per week but my employer changed them after 29/09/2021?

If applying under the skilled or scarce criteria, applicants must have been in full time employment on 29 September 2021, so any variation to the employment agreement after this date would not meet policy.

My employment agreement says I am guaranteed a minimum of 20+ hours/week. However, I work 30+ always. If I provide evidence of my actual working hours, can I qualify under the skilled or scarce criteria?

No. Employment is full-time if the employment agreement demonstrates that the employment amounts to, on average, 30 hours per week over an agreed pay period.