SM4.5 Approval of applications under the Skilled Migrant Category

1. Principal applicants under the Skilled Migrant Category are assessed against:
   1. health, character and English language requirements; and
   2. employability and capacity building requirements; and
   3. settlement and contribution requirements.
2. An application under the Skilled Migrant Category will be approved if:
   1. the principal applicant and family members included in the application meet health and character, and English language requirements where required; and
   2. the principal applicant qualifies for the points for employability and capacity building factors on the basis of which their Expression of Interest was selected from the Pool; or
   3. the principal applicant meets the criteria set from time to time by the Minister of Immigration on the basis of which their Expression of Interest was selected from the Pool (see SM3.15.1); and
   4. the principal applicant is less than 56 years of age; and
   5. the principal applicant is assessed as having the ability to successfully settle in and contribute to New Zealand; and
   6. all necessary verification of the application has been completed.
3. Despite SM4.5(b)(ii) and (iii) above, if a principal applicant does not qualify for the points for employability and capacity building factors on the basis of which their Expression of Interest was selected from the Pool, or meet the criteria set from time to time by the Minister of Immigration on the basis of which their Expression of Interest was selected from the Pool (see SM3.15.1), a visa or immigration officer may, on a case by case basis, determine that the application may nevertheless be approved, where:
   1. the principal applicant has satisfied the visa or immigration officer that there was a reasonable basis for making the claim for points in the Expression of Interest and that in making that claim there was no fraud or intent to deceive; and
   2. the points for which the principal applicant qualifies for employability and capacity building factors on the basis of which a subsequent selection was made, within the period of currency of their Expression of Interest; or
   3. the principal applicant meets the criteria set from time to time by the Minister of Immigration on the basis of which a subsequent selection was made (see SM3.15.1), within the period of currency of their Expression of Interest.

Note: Where SM4.5 (c) applies, officers may defer a decision on the application until such time as an Expression of Interest’s currency (had it remained in the SMC Pool) expires.

Effective 25/07/2006