SM3.20 Deferral of a decision on the resident visa application

1. The decision on a Skilled Migrant Category application will be deferred and, subject to meeting the requirements of WR5 Skilled Migrant Category Job Search Instructions, the principal applicant will be eligible for the grant of a work visa to allow them to obtain an offer of skilled employment in New Zealand if they:
   1. do not qualify for points for an offer of skilled employment or current skilled employment in New Zealand; and
   2. have not undertaken two or more years of full-time study in New Zealand that has resulted in the award of a Doctorate or Master’s degree; and
   3. meet all other requirements for approval.
2. If SM3.20 (a) above applies, the principal applicant may apply for a work visa under WR5 Skilled Migrant Category Job Search Instructions for the purpose of obtaining skilled employment in New Zealand and that application must be made within three months of the date of advice from INZ inviting them to apply for that work visa.
3. An application for a Skilled Migrant Category resident visa will be declined if SM3.20 (a) above applies and the principal applicant:
   1. does not apply for a work visa under WR5 Skilled Migrant Category Job Search Instructions within three months of being invited to do so by INZ; or
   2. applies for a work visa under WR5 Skilled Migrant Category Job Search Instructions and does not meet the requirements for the grant of a work visa under those instructions.

SM3.20.1 Duration of deferral period

1. Principal applicants who are in New Zealand will have the decision on their Skilled Migrant Category application deferred for a period of nine months from the date their work visa is granted under WR5 Skilled Migrant Category Job Search Instructions.
2. Principal applicants who are outside New Zealand will have the decision on their Skilled Migrant Category application deferred for a period of 12 months from the date their work visa is granted under WR5 Skilled Migrant Category Job Search Instructions.

SM3.20.5 Completing a resident visa application during the deferral period

1. If an immigration officer is satisfied that a principal applicant has obtained an offer of ongoing skilled employment (see SM6) in New Zealand during the deferral period, their application for a resident visa under the Skilled Migrant Category may be approved, provided all other requirements are met; and
   1. a resident visa subject to the conditions set out at SM11 will be granted if the principal applicant has been working in that skilled employment for less than three months; or
   2. a resident visa not subject to conditions will be granted if the principal applicant has been working in that skilled employment for three months or more.
2. If, on the expiry of the deferral period, a principal applicant has not provided evidence that satisfies an immigration officer that they have obtained an offer of ongoing skilled employment in New Zealand, the application for a resident visa under the Skilled Migrant Category will be declined.

Effective 28/08/2017