Immigration Law FAQ - New Zealand

Your questions about visas, residency, and immigration answered

Quick Answers

  • Immigration lawyer cost: $2,000-$5,000 for standard visas
  • Residency processing: 6-12 months (Skilled Migrant)
  • AEWV visa length: Up to 5 years
  • Appeal deadline: Usually 42 days from decision

How much does an immigration lawyer cost in New Zealand?

Immigration lawyer fees in NZ range from $2,000-$5,000 for standard visa applications. Complex cases cost significantly more.

Typical costs:

  • Initial consultation: $200-$400
  • Work visa application: $2,000-$4,000
  • Skilled Migrant residence: $3,500-$6,000
  • Partnership visa: $3,000-$5,000
  • Appeal to Tribunal: $5,000-$15,000
  • Deportation defence: $10,000-$30,000+

How long does it take to get NZ residency?

Processing times vary significantly by visa category:

  • Skilled Migrant Category: 6-12 months
  • Partner of NZ Citizen/Resident: 6-12 months
  • Work to Residence: 2+ years (qualifying period) + 6-12 months processing
  • Parent Category: Multi-year waiting list (limited places)
  • Investor visas: 6-18 months

After obtaining a resident visa, you can apply for permanent residence after 2 years.

Do I need an immigration lawyer for my visa application?

While not legally required, an immigration lawyer is recommended if:

  • Your case has any complexity or unusual circumstances
  • You've had previous visa declines or issues
  • You're applying for residence
  • You have character concerns (criminal history)
  • You need to meet tight deadlines
  • English is not your first language

Lawyers can identify issues early and significantly improve success rates for marginal cases.

What is the difference between a licensed immigration adviser and a lawyer?

Aspect Immigration Lawyer Licensed Adviser
Qualifications Law degree + admission Immigration diploma
Court representation Yes No
General legal advice Yes No
Visa applications Yes Yes
Typical cost Higher Lower

Both can handle visa applications effectively. Choose based on your case complexity and budget.

Can I work in New Zealand while my visa is being processed?

It depends on your current visa status:

  • Current work visa: Yes, continue working until expiry
  • Visitor visa: Generally no, cannot work
  • Interim visa: May be granted with work rights while processing
  • Student visa: Limited work hours only

Important: Never work without proper authorization. Working illegally can result in deportation and future visa bans.

What happens if my visa application is declined?

If your application is declined:

  1. Review the decline letter carefully for reasons
  2. Check appeal rights and deadlines (usually 42 days)
  3. Consider requesting reconsideration if new information available
  4. Appeal to Immigration and Protection Tribunal (if eligible)
  5. Make a new application addressing the issues

Act quickly: Appeal deadlines are strict. Seek legal advice immediately after a decline.

How do I get permanent residency in New Zealand?

Main pathways to NZ residence:

  • Skilled Migrant Category: Points-based system (need 160+ points)
  • Work to Residence: Via accredited employer pathway
  • Partner visa: Partner of NZ citizen or resident
  • Parent Category: Very limited places, long waiting list
  • Investor/Entrepreneur: Significant investment required

Most pathways grant a resident visa first, then permanent residence after 2 years meeting conditions.

What is the Accredited Employer Work Visa (AEWV)?

The AEWV replaced several work visa categories in 2022. Requirements:

  • Accredited employer: Employer must be accredited with INZ
  • Job check: Proves role can't be filled locally (exemptions apply)
  • Worker requirements: Health, character, qualifications
  • Minimum pay: Must meet median wage for some roles

Visa duration by skill level:

  • ANZSCO Level 1-3 (higher skilled): Up to 5 years
  • ANZSCO Level 4-5 (lower skilled): Up to 3 years (max 3 years total)

Can my partner and children come to NZ on my visa?

Family members can usually apply for visas based on yours:

  • Work visa holders: Partners may get open work visas; children can attend school
  • Student visa holders: Partner work rights depend on your qualification level
  • Residence applicants: Include family in your application

Partner visas require evidence of a genuine and stable relationship (usually 12+ months living together).

What is a character waiver and when do I need one?

A character waiver is needed if you have:

  • Criminal convictions (especially sentences over 5 years)
  • Previous deportation or removal from any country
  • Immigration fraud history
  • Other character concerns

You must demonstrate compelling circumstances why you should be granted a visa despite these issues. Character waivers are discretionary and require strong supporting evidence.

Critical: Legal representation is highly recommended for character waiver applications. These are complex and have low success rates without proper preparation.

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