Immigration Law FAQ NZ 2026: Your Questions Answered
Get clear answers to the most common immigration law questions in New Zealand. From visa options to residency pathways, work permits to appeals - everything you need to know about moving to and staying in NZ.
Visa Options & Pathways
What visa options are there for moving to New Zealand?
New Zealand offers several visa pathways depending on your circumstances:
- Work visas: Accredited Employer Work Visa (AEWV), Working Holiday, Essential Skills
- Residence visas: Skilled Migrant Category, Family, Investor categories
- Student visas: For studying at NZ educational institutions
- Visitor visas: For tourism, visiting family, or short business trips
The best option depends on your skills, qualifications, job offers, family connections, and financial situation. Most permanent migration routes require a job offer or significant investment.
Quick tip: Check the Immigration New Zealand website for the most current visa requirements, as policies change frequently.
Work Visas
How do I get a work visa for New Zealand?
The main work visa is the Accredited Employer Work Visa (AEWV). Requirements:
- A job offer from an INZ-accredited employer
- The role must pay at least the median wage ($31.61/hour in 2026)
- Meet health and character requirements
- The employer must have completed a Job Check
Processing time: 2-8 weeks depending on complexity.
Other work visa options include:
- Working Holiday Visa (ages 18-30/35 depending on country)
- Specific Purpose Work Visa
- Partner-based work visas
What is the Accredited Employer Work Visa (AEWV)?
The AEWV replaced several work visa categories in 2022. Key details:
| Employer requirement | Must hold INZ accreditation (Standard, High Volume, or Franchisee) |
| Minimum pay | Median wage ($31.61/hour in 2026) unless exempt |
| Job advertising | Role must be advertised on MBIE's jobsboard |
| Visa duration | Usually up to 3 years |
| Application fee | $750 |
| Family | Partner and dependent children can be included |
Skilled Migrant Category
What is the Skilled Migrant Category visa?
The Skilled Migrant Category (SMC) is the main pathway to residence for skilled workers. Under the simplified 2023 system:
- You must score at least 6 points
- Points are earned through skilled employment in NZ
- Your job must pay at least 1.5x the median wage ($47.42/hour in 2026)
- OR your role must be on the Green List
Current processing time: 12-18 months.
Important: The old 160-point system no longer applies. The new system is simpler but has higher wage thresholds.
What is the points system for skilled migrants?
The current Skilled Migrant Category uses a simplified points system (updated 2023):
- 6 points required - earned through skilled employment in NZ
- Your role must either:
- Pay at least 1.5x the median wage ($47.42/hour in 2026), OR
- Be on the Green List (straight to residence or work to residence pathway)
Additional factors that may help:
- Partner's skilled employment
- Qualifications in shortage areas
- Relevant work experience
Residence & Permanent Residency
How long does a resident visa application take?
Processing times vary significantly by visa type (2026 estimates):
| Skilled Migrant Category | 12-18 months |
| Partner Resident Visa | 6-12 months |
| Residence from Work | 3-6 months |
| Investor 1 Category | 6-9 months |
| Investor 2 Category | 12-18 months |
| Parent Resident Visa | 24-36 months (limited places) |
Times can fluctuate based on application volumes and INZ resourcing. Check the INZ website for current processing times.
How do I get permanent residency in New Zealand?
Permanent Resident Visa is the final step in the migration journey:
- First, obtain a Resident Visa through pathways like Skilled Migrant, Partnership, Investor, or Parent categories
- Hold your Resident Visa for at least 2 years
- Meet the requirements:
- Spend 184 days in NZ in each of those 2 years
- Maintain tax residency
- Have no serious character issues
Application fee: $530
Once granted, Permanent Residence has no expiry and allows unlimited travel in and out of NZ.
Family & Partners
Can I bring my family to New Zealand?
Yes, most visa categories allow you to include family members:
- Partners: Can often apply for a partnership-based work visa or be included on your visa
- Children: Dependent children under 24 can usually be included
- Parents: The Parent Resident Visa allows parents of NZ citizens/residents to migrate (strict income requirements apply - sponsors must earn 2x the median income)
Family reunification is possible but has specific requirements and quotas. An immigration lawyer can help navigate the options.
Appeals & Declined Visas
What happens if my visa is declined?
If your visa is declined, you have several options:
- Request reconsideration by INZ (if new information is available)
- Appeal to the Immigration and Protection Tribunal (IPT) within 42 days for residence decisions or deportation
- Apply for a different visa type
- Seek Ministerial intervention (exceptional circumstances only)
Important: You must leave NZ if your visa expires without a valid application pending. Act quickly and seek legal advice.
Can I appeal an immigration decision?
Appeal rights depend on the decision type:
| Residence visa declines | Appeal to IPT within 42 days |
| Deportation liability | Appeal to IPT within 42 days |
| Refugee/protection claims | Appeal to IPT |
| Work/student visa declines | Generally no appeal right - can request reconsideration or apply again |
| Judicial review | Available for all decisions on legal grounds (High Court) |
An immigration lawyer is strongly recommended for appeals.
What is the character requirement for NZ visas?
All visa applicants must meet character requirements. You may be declined if you have:
- Criminal convictions (especially serious offences, fraud, violence, drugs)
- Been deported or removed from any country
- Been involved in terrorism or people trafficking
- Immigration fraud history
Character waivers are possible for minor offences. Serious criminal history (5+ years imprisonment) is generally a permanent bar.
Police certificates are required from countries you've lived in for 12+ months in the last 10 years.
Costs & Choosing a Lawyer
What is the difference between an Immigration Advisor and an Immigration Lawyer?
Immigration Advisors
- Licensed by Immigration Advisers Authority (IAA)
- Can provide immigration advice
- Cannot represent you in court
- Typically more affordable for standard applications
- Must hold a current licence to charge fees
Immigration Lawyers
- Qualified solicitors specialising in immigration
- Can provide legal advice beyond immigration
- Can represent you at tribunals and courts
- Better for appeals, deportation, complex cases
- Regulated by NZ Law Society
Both must be licensed to charge for immigration advice in NZ. Read more about how to choose an immigration lawyer.
How much does an immigration lawyer cost in NZ?
Immigration lawyer costs in NZ (2026 estimates):
| Initial consultation | $200-400 (some offer free) |
| Hourly rates | $300-500/hour |
| Work visa application | $2,000-4,500 |
| Skilled Migrant Category | $4,000-8,000 |
| Appeals (IPT) | $5,000-15,000+ |
| Deportation defence | $10,000-30,000+ |
Licensed immigration advisors typically charge $1,500-4,000 for standard applications.
See our detailed guide on immigration lawyer costs in NZ.
Do I need a lawyer for my visa application?
Not always, but it's recommended for complex cases.
You may NOT need a lawyer for:
- Straightforward visitor visas
- Working holiday visas
- Simple student visas
- Visa renewals with no changes
You SHOULD consider a lawyer for:
- Skilled Migrant Category applications
- Employer accreditation issues
- Character or health concerns
- Previous visa declines
- Appeals or tribunal hearings
- Deportation cases
A good lawyer improves your chances and saves time. Licensed immigration advisors are a more affordable option for standard applications.
Investor Visas
What is the investor visa category?
NZ has investment-based pathways to residence:
Active Investor Plus (Investor 1 replacement)
- Investment: $5-15 million for 4 years
- Acceptable investments: Direct investments in NZ businesses weighted higher
- Time in NZ: Minimum 8-44 days/year depending on investment type
- Requirements: No age, English, or business experience requirements
Investor 2 Category
Note: No longer accepting new Expressions of Interest as of late 2025.
- Required $3 million investment
- English language requirement
- Business experience required
Both pathways lead to residence and eventually permanent residence. An immigration lawyer is strongly recommended for investor visa applications due to their complexity.
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