SM21.10 Assessment of whether a principal applicant can realise their potential to successfully settle and contribute (25/07/2011)

1. Assessment of whether a principal applicant can otherwise demonstrate an ability or can realise their potential to settle in and contribute to New Zealand will be based on:
   1. information obtained during a structured interview with the principal applicant and if required, other family members included in the application; and
   2. all other information contained in the application for a resident visa; and
   3. any further verification of the application (including information provided at interview).
2. That assessment will include consideration of the following factors:
   1. skilled employment prospects;
   2. familiarity with New Zealand and preparedness for settlement of the principal applicant and, where relevant, the partner and dependent children included in the application; and
   3. linkages and support in New Zealand, through networks and family
3. Skilled employment prospects are the primary consideration for the Immigration Officer when determining whether to grant residence, a SMC job search visa, or decline the application as set out in (d), (g), and (h) below.

   Note: Principal applicants who do not intend to take up full-time employment may not be considered to have good employment prospects (e.g. those who intend to undertake full-time study).
   If the principal applicant is in New Zealand and holds, or in the last 24 months, has held a work visa granted under the WD Study to work instructions then they are not eligible for a work visa under the SMC Job Search Instructions (WR5 (b)).

4. If an immigration officer assesses that a principal applicant has not demonstrated the ability to successfully settle and contribute but can realise their potential to successfully settle in and contribute to New Zealand the principal applicant will be eligible for the grant of a SMC job search work visa (subject to the requirements of WR5 being met) to enable them to realise their potential by obtaining an offer of skilled employment (see SM7) in New Zealand.
5. Principal applicants who are in New Zealand and are granted SMC job search work visas under these instructions will have the decision on their SMC application deferred for a period of nine months.
6. Principal applicants who are not in New Zealand and are granted SMC job search work visas under these instructions will have the decision on their SMC application deferred for a period of 12 months to enable travel to New Zealand and a stay in New Zealand of nine months (refer to WR5.5).
7. Where, following the further assessment, a principal applicant, despite not meeting the requirements of SM21.5(a), is assessed as having a high potential to readily obtain skilled employment in New Zealand, they will be assessed as having demonstrated the ability to successfully settle in and contribute to New Zealand. Where this occurs, subject to meeting other relevant requirements, the principal applicant and their family members included in the application, may be granted resident visas.
8. If an immigration officer determines, as a result of the further assessment, that a principal applicant does not have a high potential to readily obtain skilled employment in New Zealand they will be assessed as not having demonstrated that they can realise their potential to settle in and contribute to New Zealand. Where this occurs, their application for a resident visa in New Zealand under the Skilled Migrant Category will be declined.
9. If (c) above applies, but a SMC job search work visa is not granted, the application for a resident visa will be declined.

Effective 25/07/2011