FREQUENTLY ASKED QUESTIONS.

Yes. Spouses and dependent children can typically be included, extending the benefits of New Zealand residency to your entire family. Book a consultation with our experienced immigration experts to understand how you can include family members in your New Zealand investor visa.

If you are paid the median wage ($29.66) or higher, you will be granted a work visa for up to 5 years. However, if your wage is below this threshold, the visa duration may be up to two years. There are exceptions for certain roles that are on INZ's exemption list.

For detailed information, please read: AEWV Roles Exempt from Paying the Median Wage.

Yes, a Partnership Work Visa allows you to work for any employer in New Zealand without restrictions. However, you must comply with the visa’s conditions, such as maintaining a genuine relationship with your partner.

Education at public schools in New Zealand is free for children who qualify as domestic students. Your child is considered a domestic student if they are a:

• New Zealand resident or permanent resident.

• New Zealand citizen.

• Student visa holder based on your temporary work visa.

If your child is not eligible under these conditions, they may still be able to attend school in New Zealand under an international student visa. International tuition fees will apply.

At McSweeney Immigration Law New Zealand, we support families in navigating school eligibility as part of their immigration journey.

Your success in the application process increases when you present all documentation clearly and submit it properly as well as maintain solid financial stability. McSweeney Immigration Law is here to guide you every step of the way.

Schedule an Immigration consultation to discuss your Parent Visa today.

Visa processing times vary depending on several factors, including the type of visa you’re applying for, your personal circumstances, and the current workload at Immigration New Zealand.

At McSweeney Immigration Law NZ, our experienced Immigration Lawyers based in Auckland are here to guide you. We assess your specific situation to provide a realistic timeline tailored to your case. Additionally, we ensure your application is completed accurately and submitted with all necessary documentation, helping reduce delays and avoid common pitfalls.

Get advice from our expert lawyers and take the first step towards a smooth and timely visa process.

You must spend a minimum of 21 days in New Zealand (growth category) and 105 days in New Zealand (balanced category). You are eligible for a reduction of time spent in New Zealand if you invest a certain amount. Please refer to specific conditions in the Active Investor Plus Visa table below, provided by INZ.

Once you have a job offer from an accredited employer, the next step would be for the employer to complete a Job Check with Immigration New Zealand (INZ) - where they haven't done so already. INZ's job check ensures the role meets all relevant immigration and employment criteria; and may also require the role to have been advertised to ensure no New Zealanders are available to do the job. Once the job check has been approved you will be able to prepare and lodge your Accredited Employer Work Visa.

No, you do not need to be married to apply. Immigration New Zealand recognises:

• De facto relationships.

• Civil unions.

• Marriages.

Regardless of your marital status, you must provide evidence of a genuine and stable relationship and proof of living together.

Yes, it is possible to apply for a partnership visa even if you and your partner are not currently living together. However, Immigration New Zealand requires applicants to provide clear evidence that the relationship is genuine, stable, and committed, despite the separation. You will also need to demonstrate compelling reasons for why you are not living together at the time of your application.

Key Factors to Address in Your Application

1. Genuine and Stable Relationship:

• You must prove that your relationship is based on mutual commitment, emotional support, and shared responsibilities, even if you are currently apart.

• Evidence can include communication records (e.g., emails, messages, or call logs), financial interdependence (e.g., shared bank accounts), or plans to live together in the near future.

2. Compelling Reasons for Separation:

• Explain why you and your partner are not cohabiting.

Common valid reasons include:

• Work commitments requiring one partner to reside elsewhere.

• Visa restrictions preventing one partner from entering or staying in New Zealand.

• Temporary family obligations, such as caring for relatives in a different location.

Immigration NZ will assess whether these reasons are reasonable and whether the separation is temporary.

3. Commitment to a Long-Term Partnership:

Demonstrate your intention to continue your relationship and live together in the future. This can be supported by plans for relocation, joint travel, or shared goals.

Additional Considerations.

If you’re applying for a temporary partnership visa (e.g., a work or visitor visa), the requirements may be less stringent, but you will still need to explain your separation and provide evidence of your ongoing relationship.

For a partnership resident visa, cohabitation for at least 12 months is generally required. However, Immigration NZ may consider exceptions if the reasons for separation are well-documented and the relationship is demonstrably genuine.

Tips for a Successful Application.

• Gather Strong Evidence: Include photographs, travel records, financial documents, and affidavits from friends or family attesting to your relationship.

• Explain Your Situation Clearly: Provide a detailed letter outlining the reasons for your separation and how you maintain your relationship.

• Seek Professional Advice: Partnership visa applications involving separation can be complex, and even minor errors in documentation may lead to delays or rejections. Professional assistance from our team at McSweeney Immigration Law NZ can help ensure your application is comprehensive and compelling.

Read through our case study of a Ukrainian Partner who obtained a partnership visitor visa.

Commonly required documents include:

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• Financial Records: Proof of funds and their origin.

• Investment Details: Evidence of the businesses, funds, or equities you’ve chosen.

• Identification & Travel Documents: Passports, birth certificates, and other essential documents.

To understand the specific requirements for an investor visa in New Zealand, contact our experienced immigration consultants and lawyers in New Zealand.

To sponsor a migrant worker, employers need to follow two essential steps: completing an accreditation application and a job check application.

The first step is to become accredited with INZ as an employer. The type of accreditation required depends on the number of offshore employees the employer intends to hire.

Once accreditation is obtained, the next step is to complete a job check. After the job check application is approved, a job token or job tokens will be made available. These tokens need to be shared with the respective employee who will use them to apply for a work visa.

Yes, at McSweeney Immigration Law NZ, we specialise in handling complex immigration cases. Whether you’re dealing with complicated visa requirements, previous refusals, or unique personal circumstances, our team of highly qualified Immigration Lawyers in New Zealand have the expertise to assist you.

We provide tailored strategies to address your specific challenges, ensuring every detail is managed carefully to improve your chances of a successful outcome. Learn more about how we handle complex visa matters or contact us to discuss your case directly.

Yes, a Partnership Work Visa can serve as a pathway to permanent residency. After living together in New Zealand for at least 12 months, you may become eligible to apply for a partnership-based residence visa. Residency offers long-term stability and access to New Zealand’s healthcare, education, and other benefits.

Yes, after maintaining residency for 5 years, (and spending at least 240 days in each of the 5 years), investors may be able to apply for New Zealand Citizenship. Contact McSweeney Immigration Law to find out more.

Yes, you can apply for a resident visa under partnership in New Zealand even if you are not married. The policy does not specifically require marriage. However, it does require that you and your partner have lived together in a genuine and stable relationship for a minimum of 12 months in order to be eligible. It's important to note that there are additional requirements that need to be met also.

Depending on the role that is to be offered to a migrant worker, an employer may need to advertise the position in the NZ labour market for at least 2 weeks. The advertisement must also include specific information related to the job (payrate, hours, location etc). Priority should be given to suitable New Zealand residents and citizens, but at the conclusion of advertising, if none can be found a Job Check application can be lodged.

If your relationship ends while you are on a Partnership Work Visa, it is essential to notify Immigration New Zealand immediately, as this can have serious implications for your visa status. Here's what you need to know:

1. Notifying Immigration New Zealand

You are legally required to inform Immigration New Zealand if the relationship on which your visa is based has ended. Failure to do so may lead to legal issues, including overstaying or visa cancellation.

2. Potential Outcomes

The outcome of your visa status after a breakup depends on several factors, including your current visa conditions and whether you can transition to another visa type:

• Visa Revocation: Immigration New Zealand may cancel your visa if it is no longer valid due to the end of your relationship.

• Exploring Alternative Visa Options: In some cases, you may be eligible to apply for another visa, such as:

  • Work Visa: If you have a job offer that meets visa requirements.

  • Study Visa: If you plan to pursue education in New Zealand.

  • Visitor Visa: To allow you time to make further plans.

• Bridging Period: Immigration New Zealand may provide a temporary grace period to allow you to apply for a different visa or leave New Zealand legally.

You can apply for a Job Change instead of applying for a new work visa. However, this depends on multiple factors (e.g. your new pay rate, your new job role, your qualifications). We recommend contacting a lawyer to determine if a new work visa or a Job Change is more appropriate for your new employment.

Contact McSweeney Immigration Law, and we’ll guide you through every step of obtaining an Active Investor Plus Visa in New Zealand, including:

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• Initial NZ Investor Consultation: Assessing your eligibility and determine the best investment route.

• Documentation Preparation of your Investor Visa: Compiling and verifying all required records for your investor visa application in NZ.

• NZ Investor Visa Application Submission: Lodge your application with Immigration New Zealand.

• Ongoing Support: Stay informed, compliant, and prepared for any follow-up requirements.

Ready to begin? Book an online investor visa consultation with us, and speak directly with one of our immigration lawyers, who will lead you through each stage of the investor visa application process and help you achieve your desired outcome.

Yes, same-sex couples can apply for a resident visa under partnership in New Zealand. NZ provides recognition to same-gender relationships. However, you will need to provide sufficient evidence to demonstrate that you and your partner are living together in a genuine and stable relationship for a minimum of 12 months as part of the application process.

For temporary visa applications such as partnership work visas and partnership visitor visas, there is no minimum time requirement for the length of the relationship. However, you are required to demonstrate the genuineness and stability of the relationship, and the duration of the relationship can be strong evidence in proving this. On the other hand, for partnership resident visa applications, you are required to show that you and your partner have lived together for a minimum of 12 months as one of the requirements.

Typically, your partnership work visa in NZ is granted for 12 to 24 months, depending on the length and stability of your relationship.

If you hold an Accredited Employer Work Visa, you may be able to sponsor your partner and dependent children for associated visas. However, eligibility is subject to your income level.

For more detailed information, please see our article: Visas for AEWV Holders' Family Members.

Yes, you can still apply for a partnership visa. However, you must provide evidence that there are genuine and compelling reasons for the period of separation; and that you and your partner are committed to each other with the clear intention to have a long-term partnership.

The assessment is generally completed within 10 working days from the date you submit the application. However, providing insufficient documents or other complications (e.g., health or character issues) may result in delays to the process.

For more detailed information, please see our article: Accredited Employer Work Visa - All You Need to Know.

When applying for partnership work visas in New Zealand, there is no specific minimum time requirement for the length of your relationship. However, demonstrating the genuineness and stability of your relationship is essential for approval, and the time you’ve been together can play a significant role in proving this.

Temporary Visa Requirements

For partnership-based work, Immigration New Zealand assesses the authenticity and stability of your relationship based on evidence, including (but not limited to):

• Joint financial arrangements (e.g., shared bank accounts or expenses).

• Cohabitation (living together, even for a short duration, strengthens your case).

• Communication and shared activities (e.g., photos, messages, and travel history together).

• Statements from family or friends confirming the nature of your relationship.

Key Point: While there’s no official minimum duration requirement for temporary visas, longer relationships often make it easier to provide evidence of stability and commitment.

Why Does Duration Matter?

While the specific length of your relationship isn’t a fixed requirement for temporary visas, it can significantly impact your application’s strength. A short relationship may still qualify, but applicants in newer relationships may need to provide more compelling evidence to convince INZ of their commitment and the stability of their partnership.

Navigating the Process

Given the nuances of partnership work visa requirements, it’s advisable to seek professional immigration guidance to ensure your application meets Immigration New Zealand’s expectations. At McSweeney Immigration Law (MILNZ), we specialise in partnership work visa applications and can help you build a strong case, regardless of the relationship length.

Reach out to our expert team today for tailored advice and support! Let us help you and your partner achieve your immigration goals in New Zealand.

This may vary depending on the Immigration office that assesses your application. If deemed necessary, the officer will contact your legal representative to schedule an interview. Typically, you and your partner will be interviewed separately, and the length of the interview can vary from 15 minutes to hours.

This can vary depending on the efficiency of Immigration New Zealand at the time of processing. Generally, it can take anywhere from 4 months to 15 months. However, it's important to note that these timelines are approximate and subject to changes.

The inclusion of your children from a previous relationship in the resident visa application under partnership will depend on the type of custody rights you have. The starting point is that you have the legal rights to remove the child from their home country; and/or provide evidence of any necessary consents from the other parent. It is important to provide the appropriate evidence regarding custody arrangements when including dependent children in your application.

Yes, you can sponsor another partner if you have sponsored only one other partner before, and the previous sponsorship took place at least five years ago. New Zealand citizens and residents can support only 1 partner for residence in a 5-year period, and support only 2 partners for residence in total.

If you can't support your partner for residence now, but will be able to within 12 months, you can still support a work or visitor visa now.

Partners who obtained their residence via the partnership category can only sponsor one person for residency and the above 5-year rule applies.

Yes, you are eligible to sponsor one partner as long as you have not been included as a partner in a successful residence application within the last five years.

The SMC is a pathway to residence, which allows skilled individuals from overseas to live and work in the country permanently. It is designed to attract highly skilled workers who can contribute to New Zealand's economy and fill skill shortages in specific industries.

You must either have a skilled job in New Zealand or a job offer from a New Zealand employer to be considered under this category.

• You must have a skilled job in New Zealand or a job offer from a New Zealand employer.

• You must have a minimum of 6 points, which can be obtained through New Zealand professional registration, qualifications, or income, regardless of whether you have skilled work experience in New Zealand.

• You need to meet the minimum income threshold requirement.

• You must meet the English language requirements.

• You must be of good character and in good health.

Yes, you can include your partner and dependent children who are under 25 years old as secondary applicants in your application. However, to be eligible, it is a requirement that you and your partner have lived together in a genuine and stable relationship for a minimum of 12 months. Additionally, your dependent children must be single with no children of their own and financially dependent on you (one or more criteria apply depending on their age).

Note that children who are under 16 may also require evidence of custody if you are separated from the other parent.

ANZSCO (Australian and New Zealand Standard Classification of Occupations) skill levels are a classification system used to categorize occupations based on the skill level required for the job. There are 5 levels, levels 1 to 3 are categorized as medium to high skill levels, while levels 4 and 5 are classified as low skill levels.

Yes. Applicants may be required to provide evidence of relevant qualifications or work experience in order to qualify for a skilled job. And, the income requirement may differ depending on the ANZSCO skill level for the occupation.

Yes. You must either have a skilled job in New Zealand or a job offer from a New Zealand employer.

Yes, the age limit is 55. If you’re 55 or younger and want to live in NZ permanently, you can apply for a resident visa, or a work visa that leads to residence after working here for 2 years.

The English language requirements can be met through various means. including (subject to further details):

• Citizenship in an English-speaking country and at least five years of work or study in that country.

• Recognized qualifications obtained in English-speaking countries.

• Achieving satisfactory scores in recognized English language tests.

Yes, you are required to be on a valid visa when you submit your SMC RV application if you are in New Zealand. If you are outside of New Zealand and do not have a visa, you can use the same job offer to apply for a work visa subject to your employer meeting other relevant checks.

The "good character requirement" is assessed to determine the eligibility of an applicant for a visa, whether it is a temporary or resident visa application. Typically, a police certificate is used to demonstrate an applicant's character. However, if an individual has previously provided false or misleading information/documents in a visa application, and these have been verified as false or misleading by INZ, it can make the applicant fail on the good character requirement.

In general, anyone applying for a visa or seeking to immigrate to New Zealand may be subject to the good character requirement. This includes various types of visas, such as visitor visas, work visas, student visas, family-based visas, and applications for residency.

Additionally, individuals who are seeking citizenship may also need to meet the good character requirement as part of the application process.

Furthermore, New Zealand partners who intend to support their partner for a visa will also need to meet the good character requirement, particularly with regards to having no history of domestic violence or sexual offenses.

A character waiver is a provision that allows individuals with specific character issues or past criminal convictions to be considered for a visa or immigration status, even if they do not meet the standard good character requirements. It provides an opportunity for individual cases to be reviewed, in light of particular circumstances and relevant factors.

Applicants seeking a character waiver are typically required to provide additional evidence to support their case. This may include explaining the surrounding factors of the incident, demonstrating their efforts towards reformation and rehabilitation, and presenting compelling reasons for granting the waiver. Ultimately, the decision to grant a character waiver rests with INZ.

Criminal Convictions: Past convictions for offenses such as drunk driving, theft, assault, fraud, or other criminal activities.

Immigration Violations: Non-declaration of adverse immigration history, providing false or misleading information or documents in a visa application, and withholding material information to manipulate visa outcomes.

National Security Concerns.

Whether or not you can obtain a visa with convictions depends on various factors, including the severity of the conviction and the justifications you can present. The process is commonly known as a character waiver assessment.

If a character waiver is granted, there is a higher likelihood that you will be granted a visa. However, if the character waiver is not granted, your application may be declined.

Most travellers to New Zealand require a visa. Citizens of certain countries and territories do not have to apply for a visa before they travel to NZ but must hold an NZeTA (New Zealand Electronic Travel Authority). You can check if you’re eligible for an NZeTA here: Eligibility for NZeTA.

In general, visitors to New Zealand can stay up to a maximum of nine months. However, if you require additional time or unable to leave New Zealand due to your unique circumstances, you may be able to extend your stay. To find out more about your eligibility so you can extend your visitor visa, please feel free to get in touch with us.

In general, police certificates are not required for short-term visitor visas. However, if you plan to stay in New Zealand for more than 24 months (including any time you have already spent in NZ previously) and you are aged 17 or older, you must provide police certificates from any country you hold citizenship, and any country where you have spent 5 years or more since turning 17.

You normally don’t need to provide medicals (chest x-ray and medical examination) if you are planning to stay in New Zealand for less than 6 months. However, you will need to provide a chest X-ray if

• you will stay for 6 months or more and if you are a citizen of a country that does not have a low incidence of tuberculosis;

• or have spent more than 3 months in the last 5 years in a country that does not have a low incidence of TB.

Please follow this link to see which countries are considered to have a low incidence of TB.

A Section 61 request is a formal request made under Section 61 of the New Zealand Immigration Act. It allows overstayers to request regularization of their immigration status based on special grounds.

There is no obligation for INZ to consider the request or make any further inquiries. The decision to grant a Section 61 request is discretionary and takes into account personal circumstances and compelling reasons presented by the applicant.

As there are no fixed rules or policies for the assessment seeking professional advice from experienced lawyers is recommended to navigate the process effectively.

You are obligated to maintain a valid visa to stay in New Zealand. However, if you have overstayed in New Zealand, depending on your individual circumstances, you may have options to regularize your stay.

It is recommended that you take immediate action to address your immigration status or leave the country.

It is advisable to seek professional advice from an experienced lawyer to understand your options and navigate the process effectively.

In general, it is more challenging to obtain a visa while overstaying in New Zealand. The immigration officer has the absolute discretion to decide whether to grant you a visa or not, and they are not obligated to follow visa policies or procedures in such cases.

However, there may be specific circumstances that could potentially provide a pathway for regularization. One possible avenue is requesting a special temporary or resident visa under section 61 of the Immigration Act 2009.

Consulting with a lawyer is crucial to assess your options, evaluate the potential risks and challenges, and determine the best course of action based on your individual circumstances.

You are breaking the law if you stay after your visa expires, and the situation can become very complex.

• You cannot work or study, and will have no access to healthcare.

• Re-entry ban: If you stay in New Zealand without a visa for 42 days or longer, you may face difficulties returning to the country. You could be banned from re-entry for a specified period of time.

• Deportation risk: Overstaying your visa puts you at risk of being detained and ultimately facing deportation.

We strongly suggest you consult with a lawyer who can assess your situation and provide guidance on the best course of action.

Voluntary departure means that you choose to leave the country on your own accord rather than being deported or removed. However, it is important to note that even if you leave voluntarily after being served with a deportation order, it is considered as self-deported and is also seen as being deported. Voluntarily departing from New Zealand is generally considered a more favorable option compared to being forcibly deported.

You are liable for deportation if you do not have a valid visa. However, you do have a 42-day window from the date you became unlawfully present to submit an appeal against deportation. In order to initiate the deportation process, Immigration NZ must issue a deportation order. The earliest this can occur is 28 days after an unsuccessful appeal, or if no appeal was made, the day after the six-week appeal limit has passed. Following the issuance of a deportation order, Immigration NZ has the authority to detain you, and subsequently transport you to an airport or port for deportation.

A deportation liability notice is a formal document issued by Immigration New Zealand to notify an individual of their impending deportation.

The deportation liability notice typically includes information such as the individual's name, the reasons for the deportation, and the timeline or deadline for any possible appeals or actions.

Receiving a deportation liability notice is a serious matter, and individuals who receive such a notice are advised to seek legal assistance and follow the prescribed procedures for appealing or addressing the deportation notice.

A deportation order is a legal document issued by immigration authorities that mandates the removal of an individual from New Zealand. Following the issuance of a deportation order, Immigration NZ has the authority to detain you, which may involve holding you in a jail facility, and subsequently transporting you to an airport or port for deportation.

Receiving a deportation liability notice does not automatically result in deportation. It marks the beginning of the deportation process.

You may have rights to appeal, which vary depending on your visa type and the reasons for your deportation. This provides an opportunity to challenge the deportation order and potentially have it cancelled.

Receiving a deportation liability notice is a serious matter, and individuals who receive such notice are advised to seek legal assistance and follow the prescribed procedures for appealing or addressing the deportation notice.

It is advisable to include personal background information, details about your immigration history, information about previous applications or decisions, a clear explanation of the reasons for the request, supporting documents, references to relevant legislation or policy, and well-structured arguments and justifications. The specific layout and content may vary depending on individual circumstances. Seeking assistance from an experienced immigration lawyer can provide valuable guidance tailored to your situation and increase the likelihood of a successful outcome.

A special direction request under the Immigration Act 2009 is a request for the Minister of Immigration to exercise discretion in exceptional cases where individuals do not meet standard visa policies or requirements. It allows for special consideration or exception to be made based on unique circumstances.

To apply for a Permanent Resident Visa (PRV) in New Zealand, you generally need to hold a Resident Visa for at least 24 months. The 24-month period starts from the first day you are physically present in New Zealand as a resident. After meeting this requirement, you can apply for a PRV, subject to fulfilling other eligibility criteria.

You will need to transfer your visa to your new passport. This is not a new visa application, and it does not change any conditions already present in your current visa. This is an important process, and you must ensure that your visa is linked to your NEW passport number.

Your residence visa will not expire as long as you remain in New Zealand. However, your visa label will have 'travel conditions' specified - this usually has an expiry date of 2 years from the grant of your residence visa. Your residence visa will expire if you leave New Zealand with expired travel conditions, or if you leave New Zealand and plan on returning after the expiry of your travel conditions. There are options to extend your travel conditions, or to apply for a permanent resident visa (as long as you meet the requirements) if you are planning on leaving the country soon with expired/expiring travel conditions. We suggest contacting us to talk through the options you may have.

In general, a resident visa holder who was granted a visa while outside New Zealand will have 12 months to activate their visa. Once they enter New Zealand and activate their visa, the travel conditions attached to the visa will be valid for 2 years from the date of activation.

Some international qualifications are recognised in New Zealand, but others must be assessed by the New Zealand Qualifications Authority (NZQA). NZQA may check whether your qualification is recognised in New Zealand for a charge – you can visit their website at: Recognise Overseas Qualifications.

If you are required to complete medicals as part of your visa application requirements, you will need to complete these with an INZ-approved panel physician.

You can follow this link to find one nearest you: Panel Physicians.

Each country has a dedicated police or government agency and INZ will accept police certificates issued by these official bodies. If you are required to submit any police certificates with your visa application, you can follow this link to get details on obtaining these: Police Certificates.