SM3.15 Approving an application

1. An application under the Skilled Migrant Category SM instructions will be approved if an immigration officer is satisfied that:
   1. the principal applicant and family members included in the application meet health and character and English language requirements as required; and
   2. the principal applicant qualifies for the points for employability and capacity building factors that were the basis on which their Expression of Interest (EOI) was selected from the Pool on or before 16 August 2023 which resulted in an invitation to apply (i.e. they qualify on the basis of the criteria to be awarded points that were in place on the date their EOI was selected) (see SM2.5); and
   3. the principal applicant is less than 56 years of age on the date their application is made; and
   4. the principal applicant:
      • has current skilled employment in New Zealand or an offer of ongoing skilled employment in New Zealand; or
      • has undertaken full-time study for at least two years in New Zealand that has resulted in the award of a Doctorate or Master’s degree.

        Note: The requirement at SM3.15(a)(ii) means that where there have been amendments or updates to the requirements setting out how points are awarded between the EOI being selected and the application being made, the requirements in place on the date of selection will be applied. Examples of requirements that may change between the date of selection and application include the occupations on the Long Term Skill Shortage List (Appendix 4) and remuneration thresholds set out in SM6.10 and SM6.60.

2. Despite SM3.15(a)(ii) above, if a principal applicant does not qualify for the points for employability and capacity building factors on the basis of which their EOI was selected from the Pool, an 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 immigration officer that there was a reasonable basis for making the claim for points in the EOI; and
   2. the principal applicant qualifies for the points for employability and capacity building factors on the basis of which a subsequent selection was made, within the period that their EOI would have been current.

Note: Where SM3.15 (b) applies, officers may defer a decision on the application until such time as an EOI's currency (had it remained in the Skilled Migrant Category Pool) expires (see SM2.1.10).

Effective 01/07/2023