residence applications
📖 What is residence applications? Meaning and definition
A residence application is a crucial step for individuals who wish to settle permanently in New Zealand. These applications are assessed by Immigration New Zealand (INZ) against specific criteria, often outlined in government residence instructions. If an application is declined, it means INZ has determined that the applicant did not meet one or more of these required criteria.
Applicants may apply under various categories, such as the Family category or Skilled Migrant category, each with its own set of requirements. For example, an application might be declined if the applicant does not meet financial support requirements, or if a supporting spouse is not a New Zealand citizen or resident. The application typically includes the principal applicant and may also cover their immediate family members, such as a spouse and dependent children.
Even if an application is initially declined by Immigration New Zealand, there can be avenues for review. An appellant might argue that special circumstances exist, such as their contribution to a New Zealand company, their family's settlement in New Zealand, or other factors that warrant an exception to the standard residence instructions. These cases are often heard by tribunals, which decide whether to recommend that the Minister of Immigration consider an exception.
Meeting health, character, and English language requirements are also fundamental aspects of residence applications. Immigration New Zealand assesses these factors for all applicants, including the principal applicant, their spouse, and children, to ensure they meet the necessary standards for residency.
📋 Requirements
- Meeting specific criteria under relevant residence instructions (e.g., Family or Skilled Migrant categories)
- Satisfying financial support requirements, if applicable
- Having a supporting spouse who is a New Zealand citizen or resident, if applicable
- Meeting health instructions for residence applications
- Meeting applicable character instructions
- Meeting applicable English language instructions
📝 Procedure
- Submit an application for residence to Immigration New Zealand.
- Immigration New Zealand assesses the application against government residence instructions.
- If requirements are not met, Immigration New Zealand declines the application.
- The applicant may appeal the decision to a tribunal, arguing special circumstances.
- The tribunal considers whether special circumstances warrant an exception to instructions.
💡 Examples
- A 24-year-old citizen of the Maldives had her residence application declined because Immigration New Zealand was not satisfied she met the financial support requirements.
- A 51-year-old citizen of Tonga had his residence application, which included his wife and two children, declined because his wife was not eligible to support the application as she was not a New Zealand citizen or resident.
- An applicant for a skilled migrant residence visa, along with his wife and children, met the health, character, and English language requirements, but the application was still rejected by the tribunal.
- An applicant argued that their contribution to a New Zealand company and their family's settlement in New Zealand constituted special circumstances warranting an exception to the standard residence instructions.
❓ Frequently asked questions
What happens if my residence application is declined?
If your residence application is declined by Immigration New Zealand, it means you did not meet the required criteria. You may have the option to appeal the decision to a tribunal, arguing that special circumstances apply to your situation.
What are 'special circumstances' in a residence application?
Special circumstances are unique factors in your case that might warrant an exception to the standard residence instructions. These could include your contributions to New Zealand, your family's settlement here, or specific reasons why you failed to meet certain instructions.
Do my family members need to meet requirements for my residence application?
Yes, typically your immediate family members included in your application, such as your spouse and children, will also need to meet certain requirements, including health, character, and English language instructions.
Can I apply for residence if I don't have a job offer in New Zealand?
While some residence categories, like the Skilled Migrant category, often consider skilled employment, the excerpts show that not having an offer of skilled employment can be a factor in an application being declined, and speculative contributions may not be enough to warrant an exception.
Who makes the final decision on residence applications?
Immigration New Zealand initially assesses and decides on residence applications. If an application is appealed, a tribunal may make a recommendation to the Minister of Immigration, who then considers whether to grant an exception to the government's residence instructions.
Where can I find the specific requirements for different residence categories?
The specific requirements for various residence categories are detailed in government residence instructions. It is advisable to consult the official Immigration New Zealand website or seek advice from a qualified immigration lawyer for the most accurate and up-to-date information.