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New Zealand currently uses points-based systems for two categories of residence class visas: the Skilled Migrant Category resident visa and the Investor 2 Category resident visa. The process for these visas involves the submission of an expression of interest (EOI) where a person claims points for various factors. The two visa categories have separate points tables based on the criteria for the particular visa. For the Skilled Migrant Category, EOIs are entered into a pool only if a certain minimum number of points are claimed, and will only be selected from the pool if they meet a higher minimum. For the Investor 2 Category, EOIs that meet the set requirements are entered into the pool and ranked according to the number of points claimed. For both visas, once an EOI has been selected from the pool, the person is sent an invitation to apply for the visa. These visas allow the primary applicant to include his or her partner and any dependent children (aged under 25 years) on the application.

 A points-based system is also used for one work visa category: the Entrepreneur Work Visa. The visa allows holders to come to New Zealand for 12 months to buy or set up a business, then to stay for a further 24 months once the business has been established, and can be renewed. Partners and dependent children (aged under 20 years) can be included in the visa application. There is no EOI process for this visa.

 In addition to family members being able to obtain a visa through being included on the application of a primary applicant for the above visas, there are temporary and residence visas available to partners and dependent children of New Zealand citizens, residents, and temporary visa holders. This includes two residence visas for parents of New Zealand citizens or residents: the Parent Resident Visa and the Parent Retirement Resident Visa. The Parent Resident Visa requires a sponsoring adult child and the applicant parent to meet minimum income requirements, among other criteria. The Parent Retirement Resident Visa includes requirements for the parent applicant to have a minimum annual income, investment funds, and additional funds.

I. Introduction

New Zealand’s visa system includes both temporary and residence class visas. The system is overseen and implemented by Immigration New Zealand, an agency within the Ministry of Business, Immigration and Employment.

The New Zealand Residence Programme (NZRP) established 50,000 to 60,000 approved places for new resident visas over the 18-month period that started July 1, 2018, and ended on December 31, 2019.[1] The NZRP consisted of three streams with places allocated as follows: Skilled/Business (25,500 to 30,600), Family (19,000 to 22,800), and International/Humanitarian (5,500 to 6,600).[2] The NZRP does not include “[p]ermanent resident visas granted to holders of resident visas or second or subsequent resident visas granted to former holders of resident visas.”[3] A new approach to resident visa planning focusing on “the management of specific residence visa types” is to commence in 2020; however, details and allocations have not yet been announced.[4]

Temporary entry class visas include different study and work visas, in addition to visitor visas, that allow individuals to live in New Zealand for a certain purpose and time period.

Good character requirements apply to both residence[5] and temporary visas.[6] Health criteria also apply, including requirements for evidence of a chest x-ray or medical examination depending on a person’s length of stay.[7] In addition, many visa categories have English language requirements.[8]

New Zealand currently uses points-based systems for two categories of residence class visas (the Skilled Migrant Category resident visa and the Investor 2 Category resident visa)[9] and one work visa category (the Entrepreneur Work Visa).[10] These visas allow for the inclusion of the partner and any dependent children of the primary applicant in the original application. The separate family stream within the NZRP consists of visa categories available to family members of New Zealand citizens and residence class visa holders.

The immigration system in New Zealand is governed by the Immigration Act 2009[11] and associated regulations,[12] particularly the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010.[13] Specific rules and criteria for different visas are set out in immigration instructions, which are contained in the Immigration New Zealand Operational Manual.[14] In addition, various internal administration circulars and other documents provide guidance and advice to immigration staff on procedures and processes.[15]

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II. Points System for Skilled Migrant Category Resident Visa

Persons who obtain a resident visa under the Skilled Migrant Category are able to live, work, and study in New Zealand indefinitely. Applicants are able to include their partner, and dependent children aged 24 years and under, in their application.[16] In addition to each person on the application meeting health and character requirements, the principal applicant for a Skilled Migrant Category visa must provide particular evidence of his or her English language ability.[17] Other people on the application aged 16 years or over must either meet the same requirements or pre-purchase an English language course in New Zealand.[18]

A points-based system is used to assess expressions of interest for this visa, with individuals who claim to have greater than a certain number of points in their expression of interest possibly being selected to apply. Points are awarded for a person’s age (must be under 55 years to qualify for this visa); working in skilled employment in New Zealand currently, or having an offer of such employment; levels of qualification; length of skilled work experience, having had New Zealand work experience, and work experience in an area of “absolute skills shortage” (based on the Long Term Skills Shortage List[19]); and the partner’s English language ability, work in or offer of work in skilled employment in New Zealand, and qualifications.[20] A full points table is provided in Appendix I of this report.

Immigration New Zealand explains that there are four stages to the process:[21]

1. Submit an Expression of Interest (EOI): Individuals need to claim at least 100 points in order to be accepted in the pool. Evidence for the different points’ categories does not need to be submitted with an EOI. Currently, only those EOIs with 160 points or more are being selected to be sent an invitation to apply.
2. Invitation to apply: Usually about every two weeks, Immigration New Zealand selects EOIs from the pool. Each EOI is assessed to check that the right number of points have been claimed. If the selection threshold (i.e., 160 points) is met, an individual may be sent an invitation to apply for residence.
3. Submit application: An individual who is invited to apply for residence is sent an “Application for Residence under the Skilled Migrant Category” form[22] and must submit the application within four months of the invitation being issued. Documents must be provided to support the applicant’s claims about employability, health, character, and English-speaking ability. An “Employer Supplementary Form”[23] is also sent to the applicant for his or her prospective employer to complete.
4. Decision on application: Immigration New Zealand makes a decision about the application. This may include an interview. According to Immigration New Zealand, 90% of applications are currently completed within 14 months.

The fee for submitting an online EOI is currently NZ$530 (about US$350), while the fee for a paper EOI is NZ$680 (about US$450).[24] The fee for the residence application is NZ$3,310 (about US$2,190) if made from outside New Zealand or the Pacific; NZ$2,440 (about US$1,615) if made from a country in the Pacific region; and NZ$2,710 (about US$1,790) if made from within New Zealand.[25] All Skilled Migrant applications are sent to New Zealand for processing.[26]

Once an individual has had their application approved, conditions apply with respect to the time frames for taking up offers of skilled employment and remaining in the relevant position. Residence visa holders can travel in and out of New Zealand on their valid foreign passport until the travel conditions expire. Travel conditions expire two years from the date on which a person first arrives in New Zealand. In order to travel after that period, an individual needs to apply for and be granted either a Permanent Resident Visa or a variation of the travel conditions.[27]

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III. Points System for Investor 2 Category Resident Visa

The Investor 2 Category resident visa is targeted at “[e]xperienced business people who have a minimum of NZ$3 million [about US$1.98 million] in available funds or assets.”[28] As with the Skilled Migrant Category resident visa, this visa enables indefinite stay in New Zealand and the inclusion of a person’s partner, and children aged 24 years and under, in the application. It is available to persons aged up to 65 years. There is currently a quota of 400 visas per year for this category.[29]

The process for obtaining this visa involves first submitting an EOI in which a person claims a certain number of points in different areas. Points can be claimed for the number of years of business experience (minimum of three years), amount of investment funds available, English-language ability, and age. Bonus points can be claimed for having an investment of at least NZ$750,000 (about US$496,200) in growth investments.[30] The full points table is provided in Appendix II of this report.

An EOI will be entered into the pool if the person meets the health and character requirements (and others included in the EOI also meet certain requirements), claims at least one point for English language ability, is aged 65 years or under, has claimed points for a minimum of three years of business experience, has claimed points for a minimum of NZ$3 million investment funds, and confirms he or she meets the “fit and proper person” requirements.[31] EOIs entered into the pool are ranked on the basis of total points claimed and may be selected “according to their points ranking in quantities sufficient to fulfill the annual approval cap.”[32] An EOI is current for a period of six months from its initial submission to the pool. After that period, it will be withdrawn from the pool.[33]

A person whose EOI is selected from the pool may be invited to apply for a resident visa under the Investor 2 Category if the information provided does not indicate the presence of any relevant health or character issues and a business immigration specialist considers that the person’s claims with respect to the points for the different aspects are credible.[34] Once an invitation to apply for the visa has been issued, the person must submit an application within four months of the issue date.[35] The application will be assessed based on various factors, including that the applicant “qualifies for the points on the basis of which their EOI was selected from the Pool.”[36]

Once an application has been approved in principle, the applicant is advised that a resident visa will be granted once they “provide acceptable evidence of having transferred and invested the nominated funds (less any discount for investment in ‘growth investments’)”; provide a New Zealand address at which they can be contacted, after they arrive in New Zealand; and submit evidence that anyone aged over 16 years in the application meets the English language requirement.[37] Principal applicants “must meet the requirements for transferring and investing the nominated funds within 12 months of the date of the letter advising of approval in principle.”[38] In the meantime, a work visa may be granted to allow the applicant to arrange the transfer and investment of funds, with visitor or student visas also issued to the applicant’s partner and dependents.[39]

The conditions for this visa include retaining an acceptable investment in New Zealand for a minimum of four years, the applicant spending a minimum amount of time in the country during that period,[40] and the completion of an English language course (if he or she was only awarded one point for English language ability).[41] The same travel conditions that apply to the Skilled Migrant Category resident visa also apply to this visa.[42]

The fee for submitting an EOI for this visa category is NZ$620 (about US$410). The application fee is NZ$5,070 (about US$3,350) if made from within New Zealand and NZ$4,960 (about US$3,280) if made from outside the country.[43]

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IV. Points System for Entrepreneur Work Visa

The Entrepreneur Work Visa is a special category of work visa “with conditions that allow self-employment in New Zealand.”[44] It is described by Immigration New Zealand as follows:

This visa is for people who want to work in their own business in New Zealand. To apply, you’ll need to provide a detailed business plan, have at least NZ $100,000 [about US$66,155] to invest in your business and be able to claim 120 points on our points scale. If you’re granted this visa, you can buy or set up a business without living here permanently, or as a first step towards New Zealand residence.[45]

The visa allows holders to come to New Zealand for 12 months to buy or set up their business, then to stay for a further 24 months once the business has been established. The visa can be renewed if certain conditions are met.[46] An applicant can include his or her partner, and dependent children aged 19 years or under, in the application.[47] There is no initial EOI requirement for this visa, and all documentation must be provided with the visa application.

Applicants and any partner or dependent child accompanying them must meet the health and character requirements for residence as well as meeting all requirements for temporary entry. To be granted the visa, applicants must demonstrate that they will meet a minimum capital investment of NZ$100,000, be awarded a minimum of 120 points for the factors in the points scale, provide a business plan that meets specific requirements, have obtained any necessary professional or business registration in New Zealand, not have been involved in any bankruptcy or business failure in the preceding five years, not have been involved in any business fraud or financial impropriety, provide evidence of sufficient funds (in addition to the investment capital) to finance their business as well as provide maintenance and accommodation for themselves and any accompanying family members, and have sufficient business experience relevant to their business proposal and a genuine intent to establish the business. The applicant must also meet the specified English language requirements and meet the “fit and proper person” requirements.[48]

The points scale for the Entrepreneur Work Visa awards points based on the amount that the person will invest in New Zealand; the length of his or her business, self-employment, or senior management experience; benefits to New Zealand from the business, in terms of the number of full-time jobs, forecast turnover in annual exports, and provision of “a product or service that is unique or new to its New Zealand location”; the person’s age (points only awarded if aged 59 years or younger); and business location (points awarded if it will be outside of Auckland).[49] The full points table is attached in Appendix III of this report.

The application fee for this visa is NZ$3,365 (about US$2,225) if the application is made within or outside New Zealand; a lower fee of NZ$2,855 (about US$1,890) applies to applications from countries in the Pacific region.[50]

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V. Visas for Family Members

A. Residence Visas

As indicated above, primary applicants for many temporary and residence class visas can include their partner and dependent children (up to certain age limits) in their application, including those visas that use a points-based system for selecting and assessing applicants.[51] In addition, the following are residence class visas available to family members of New Zealand citizens and resident class visa holders as part of the NZRP family stream:

• Partnership Category resident visa (Partner of a New Zealander resident visa)[52]
• Dependent Child Category resident visa[53]
• Parent Category resident visa (Parent Resident Visa)[54]
• Parent Retirement Category resident visa (Parent Retirement Resident Visa)[55]

There are also special residence visas available to family members of refugees.[56]

1. Parent Resident Visa

The Parent Resident Visa is reopening in February 2020 with new requirements and a new limit of 1,000 approved visas per year.[57] The process for obtaining this visa includes the submission of an EOI, selection from the pool, and an invitation to apply. A person must have an adult child in New Zealand who is eligible to sponsor him or her, and must have no dependent children. The person can include their partner in their application. In order to be a sponsor, the adult child must have been a New Zealand resident or citizen for at least three years, and have spent 184 days in the country for each of those years. The adult child and applicant must also meet minimum income criteria (either individually or jointly with a partner).[58]

According to Immigration New Zealand, once selected from the pool, 90% of applicants for a Parent Resident Visa are completed within 25 months.[59] The fees for this visa are NZ$1,480 (about US$980) if made from within New Zealand or a country in the Pacific region, and NZ$2,250 (about US$1,490) if made from anywhere else in the world.[60]

2. Parent Retirement Resident Visa

Immigration New Zealand describes the Parent Retirement Resident Visa as follows:

If you have an adult child who is a New Zealand citizen or resident, you can apply to live in New Zealand permanently. You’ll need an annual income of NZ $60,000 [about US$39,700] plus NZ $1 million [about US$661,300] to invest for 4 years, and another NZ $500,000 [about US$330,600] to live on. Once you’ve completed the 4-year investment period, you’ll be eligible for permanent residence.[61]

The visa allows the holder to live, work, and study in New Zealand. Applicants can include their partner in their application. The principal applicant must not have any dependent children and must “be the parent of an adult child whose primary place of established residence is New Zealand and is a New Zealand citizen or a residence class visa holder.”[62] According to Immigration New Zealand, 90% of applications for this visa are completed within 18 months.[63] The fee for applying for this visa is NZ$3,720 (about US$2,460), regardless of the applicant’s location.[64]

B. Temporary Visas

There are also various temporary class visas available to family members of New Zealand citizens and either temporary or residence class visa holders. These include, for example, work and visitor visas for partners and dependent children of New Zealand citizens, residents, or temporary visa holders, and the Parent and Grandparent Visitor Visa, which allows parents and grandparents of New Zealand citizens or resident children or grandchildren to visit New Zealand multiple times on one visa (up to six months at a time with a maximum total stay of 18 months in three years).[65]

Appendices

APPENDIX I: Skilled Migrant Category Resident Visa Points Table

Factors		Points
Age (20 to 55 years)	20-39	30
	40-44	20
	45-49	10
	50-55	5
Skilled employment	Current skilled employment in New Zealand or an offer of skilled employment in New Zealand	50
Bonus points for skilled employment	Current skilled employment in New Zealand or an offer of skilled employment in New Zealand in an area of absolute skills shortage	10
	Current skilled employment or an offer of skilled employment outside the Auckland region	30
	Current skilled employment or an offer of skilled employment with remuneration of least $50.00 per hour, or the equivalent annual salary	20
Skilled work experience	2 years	10
	4 years	20
	6 years	30
	8 years	40
	10 years	50
Additional bonus points if skilled work experience is in New Zealand	1 year or more	10
Additional bonus points for skilled work experience in an area of absolute skills shortage	2 to 5 years	10
	6 years or more	15
Qualifications	Recognised level 3 qualification if included on the List of Qualifications Exempt from Assessment (LQEA)	40
	Recognised level 4-6 qualification (e.g. trade qualification, diploma)	40
	Recognised level 7 or 8 qualification (e.g. bachelor’s degree, bachelor’s degree with Honours)	50
	Recognised level 9 or 10 post-graduate qualification (Master’s degree, Doctorate)	70
Bonus points for qualifications gained in New Zealand	2 years of full-time study in New Zealand completing a recognised bachelor degree (level 7) New Zealand qualification; or	10
	1 year of full-time study in New Zealand completing a recognised post-graduate New Zealand qualification; or	10
	2 years of full-time study in New Zealand completing a recognised post-graduate New Zealand qualification	15
Bonus points for partner’s skilled employment	Partner’s current skilled employment in New Zealand or offer of skilled employment in New Zealand.	20
Bonus points for partner’s qualification (either)	Recognised qualification at level 7 or 8; or	10
	Recognised qualification at level 9 or above	20

Source: Immigration New Zealand, Operational Manual: Residence Part 2, at9-10 (SM1.10 Points for Employability and Capacity Building Factors)(May 27, 2019; table effective Nov. 26, 2018), https://perma.cc/N5TU-6CSJ.

APPENDIX II:  Investor 2 Category Resident Visa Points Tables

Age	Points
60 - 65	0
50 - 59	5
40 - 49	10
30 - 39	15
Less than 30	20

Business Experience years	Points
3	9
4	12
5	15
6	18
7	21
8	24
9	27
10	30
11	33
12	36
13	39
14	42
15+	45

Test	Required Score	Points
International English Language Testing System (IELTS) - General or Academic Module	Overall score of 3.0 or more but less than 4.0	1
IELTS - General or Academic Module	Overall score of 4.0 or more but less than 5.0	4
TOEFL iBT	Overall score of 31 to 34
PTE Academic	Overall score of 29 to 35
B2 First (First Certificate in English) (formerly Cambridge English: First (FCE)) or B2 First for Schools (First Certificate in English) (formerly Cambridge English: First (FCE) for Schools)	Overall score of 142 to 153
OET	Grade D or higher in all four skills (Listening, Reading, Writing and Speaking)*
IELTS - General or Academic Module	Overall score of 5.0 or more	10
TOEFL iBT	Overall score of 35 or more
PTE Academic	Overall score of 36 or more
B2 First (First Certificate in English) (formerly Cambridge English: First (FCE)) or B2 First for Schools (First Certificate in English) (formerly Cambridge English: First (FCE) for Schools)	Overall score of 154 or more
OET	Grade C or higher in all four skills (Listening, Reading, Writing and Speaking)*
IELTS - General or Academic Module	Overall score of 6.0 or more	13
TOEFL iBT	Overall score of 60 or more
PTE Academic	Overall score of 50 or more
B2 First (First Certificate in English) (formerly Cambridge English: First (FCE)) or B2 First for Schools (First Certificate in English) (formerly Cambridge English: First (FCE) for Schools)	Overall score of 169 or more
IELTS - General or Academic Module	Overall score of 7.0 or more	17
TOEFL iBT	Overall score of 94 or more
PTE Academic	Overall score of 65 or more
B2 First (First Certificate in English) (formerly Cambridge English: First (FCE)) or B2 First for Schools (First Certificate in English) (formerly Cambridge English: First (FCE) for Schools)	Overall score of 185 or more
OET	Grade B or higher in all four skills (Listening, Reading, Writing and Speaking)*
IELTS - General or Academic Module	Overall score of 8.0 or more	20
TOEFL iBT	Overall score of 110 or more
PTE Academic	Overall score of 79 or more
B2 First (First Certificate in English) (formerly Cambridge English: First (FCE)) or B2 First for Schools (First Certificate in English) (formerly Cambridge English: First (FCE) for Schools)	Overall score of 200 or more
OET	Grade A or higher in all four skills (Listening, Reading, Writing and Speaking)*

* A score in all four skills is required for the OET as there is no overall grade in this test.

Investment Amount (NZ$M)	Points	Investment Amount (NZ$M)	Points
$3	10	$6.5	80
$3.25	15	$6.75	85
$3.5	20	$7	90
$3.75	25	$7.25	95
$4	30	$7.5	100
$4.25	35	$7.75	105
$4.5	40	$8	110
$4.75	45	$8.25	115
$5	50	$8.5	120
$5.25	55	$8.75	125
$5.5	60	$9	130
$5.75	65	$9.25	135
$6	70	$9.5	140

Investment in Growth Investments	Bonus points
Investment of NZ$750,000 or more in growth investments	20

Source: Immigration New Zealand, Operational Manual: Residence Part 1, at 266-68 (BJ6 Summary of Points for the Investor 2 Category)(May 27, 2019; tables effective May 21, 2018), https://perma.cc/75EX-QFQ7.

APPENDIX III:  Entrepreneur Work Visa Points Table

Points for business experience (can be awarded in only one category)
Relevant self-employment
10 years +	40
5 years +	30
3 years +	20
Other self-employment
10 years +	20
5 years +	15
3 years +	5
Relevant senior management experience
10 years +	10
5 years +	5
Points for benefit to New Zealand (can be awarded in up to two categories)
New full time employment creation
10+ new full time positions for New Zealand citizens or residents	80
5 or more new full time positions for New Zealand citizens or residents	50
3 or more new full time positions for New Zealand citizens or residents	30
2 new full time positions for New Zealand citizens or residents	20
1 new full time position for a New Zealand citizen or resident.	10
Points for approved export businesses (based on annual turnover)
$1,000,000 + turnover a year	80
$750,000 + turnover a year	60
$500,000 + turnover a year	40
$400,000 + turnover a year	30
$300,000 + turnover a year	20
$200,000 + turnover a year	10
Points for unique or new products or services to New Zealand
A credible business proposal that provides unique or new products/ services to New Zealand, or to a particular region.	30
Points for capital investment
$1,000,000 +	80
$750,000 +	60
$500,000 +	50
$400,000 +	30
$300,000 +	20
$200,000 +	10
under $200,000	0
Points for age of prospective applicant (at date of lodging application)
24 and under	15
25-29	20
30-39	20
40-49	20
50-59	10
60 and over	0
Bonus points
Business based outside Auckland as defined in BB6.1.35.	40

Source: Immigration New Zealand, Operational Manual: Residence Part 1, at 123-24 (BB3.10 Points Scale for an Entrepreneur Work Visa) (May 27, 2019; table effective Dec. 7, 2015), https://perma.cc/75EX-QFQ7.

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Prepared by Kelly Buchanan
Foreign Law Specialist
January 2020

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Last Updated: 12/30/2020