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  New Zealand Immigration Guide









jeffonthego
23rd May 2005, 09:56 PM
Hello,

This is my first post here and thus I thought I'd just throw my situation out here as an introduction and to see what people's initial thoughts and advice might be. Also, I'm just beginning my research into moving to NZ, so I'm not yet ready to ask specific questions on the process.

Here's the short version of my situation:

- I'm a 32-year-old Canadian, whose lived 3-4 years in Asia (now HK).
- I have enough cash to live on, but not to go the "invest" NZ immigration route (though would probably by a small flat).
- I believe I qualify under "skilled employment" (I'm a finance editor), though I don't want a job in NZ.
- If I do work, I'd rather do it remotely via the web with contracts/employers in other countries.
- My interest in NZ is purely as somewhere nice to live.
- Though I'm not thinking to work in NZ initially (at least not for a local employer), I would contribute by paying taxes on my overseas income.

I tried the Points test, scoring a low (I think) 105. Not sure if I did it right, but I presume my score is brought down by the fact I don't have a job or offer in NZ.

As someone who prefers an alternate and/or self-employed route to earning a living, I find that immigration procedures generally are tricky, since they are geared to people living a traditional lifestyle (ie, have a regular employment, local employer, etc).

To perhaps complicate my situation, I have a partner (not married, but have lived together for 3-4 years). Her life situation is similar to mine, as she is self-employed with her remote business (a general trader with China). While she does very well for herself, she has a number of complicating factors.

First, she's Taiwanese, a quasi citizenship which generally faces obstacles. Second, she's not really formally educated, at least not in her employment area. But while I don't think general trading is specialised employment, it certainly requires specialised skills (she's fluent in three Chinese languages and English, as well as competent in Japanese; has strong sales skills; has in-depth understanding of international shipping/custom rules; is a China expert; etc).

Anyway, perhaps this is more info than anyone needs. To address our specific situation, we will undoubtedly have to start a dialogue with NZ immigration/consular staff. That said, I would be interested in any general thoughts on my type of immigrant category - ie, not rich enough to invest, but with enough funds to live on; also self-employed via net, thus not in need of a NZ employer/sponsor.

Any thoughts?

Thanks,
Jeff

Daffy
24th May 2005, 01:11 AM
Jeff, Sorry long shot, but are you the Jeff that use to know Bryn + Rosa in Taiwan?

jeffonthego
24th May 2005, 01:48 AM
No, sorry. Must be a different Jeff.

Timbo
24th May 2005, 03:14 AM
Hi Jeff, and welcome. If you do indeed score 105 points, I would suggest putting in an EOI as soon as possible, as the magic 100 mark is likely to go up pretty soon by all accountss. If you get PR by that route, then you can more or less do as you please once in NZ. Your partners language skills would be quite in demand as well I think.
I am sure someone more qualified than I will put you straight very soon, in case my info is incorrect. Good luck either way.

elandsean
24th May 2005, 06:29 AM
I was thinking about doing the same thing when we move to New Zealand later this year. I'm a structural engineer and I have several clients here in Seattle that are interested in continuing to work with me once I get to New Zealand. When I brought this option up with my case officer during our phone interview, she told me in no uncertain terms that this was not an option when applying for PR under the SMC. She said I had to try and secure a position with a New Zealand company and couldn't work exclusively with my clients here in the States.

Now I'm a little worried that I brought it up because I feel they may offer me a WTR permit rather than PR to ensure that I get a job with a NZ company. Maybe I'm being paranoid, we'll see. I should hear one way or the other in a day or two (according to our case officer).

If you are planning on applying under the skilled migrant category, I recommend having a plan for getting a job with a NZ company rather than relying solely on your overseas option because it will definately come up once you get to the interview.

jeffonthego
24th May 2005, 02:57 PM
Thanks elandsean, that's unfortunately the kind of response I fear.

If SMC is not the way to go for someone who is self-employed or has overseas contracts/employers, and if you don't have enough funds to go the 'invest' route, what other options are available I wonder.

I gather your case officer didn't mention an alternate application route if you wanted to keep working for overseas clients?

Jamie Smith
24th May 2005, 03:43 PM
If you can get 105 points I would apply, Timbo's comments are spot on.

There might be a short points rise just before end of June, but the new year for NZIS will see the old quota finished and new policy in place, and points will quickly drop back to 100 or so in the new July year.

Alternative is to check your partner for Long Term Business Visa, if she has owned and controlled a business and can get IELTS 5 she should be OK. The business plan needs a little care to address some key points and avoid the NZIS "hot buttons".

She would then bring you in and YOU get an open work permit to either get a job or work for your self, doing what you want. She would have to have a business and be self employed, you can assist her business if you choose.

Either way you will have to satisfy the partnership criteria.

Cheers

foolsgold99
24th May 2005, 03:56 PM
If you have 105 points then go for it. The pass mark is 100.

You can be a little vague at the interview about your work plans. I'm not advising you to lie obviously, but you can speak carefuly, saying that you'll support yourself through your work, and that you'll plan to meet with local employeers when you arrive, and that you have spoken to some agencies. "meet" and "speak" are different from "do". You know what I'm saying right ?

In terms of your partners ROC citizenship, I wouldn't worry about it, while NZ does not recongise the ROC (like most other nations, it considers it a renegade province of the PRC). If you can prove a stable partnership and you have the points under the skilled category, your partner could have a passport from Mars, as long as you can prove good character, they will not care.

She said I had to try and secure a position with a New Zealand company and couldn't work exclusively with my clients here in the States.

As long as your have PR, without any 18A conditions (i.e you've not claimed points for a job offer) and as long as your not claiming benefits and are paying tax, it'll be good as gold.

While they would "prefer" you to work for a local company. There is no legal procedure to force you to. As long as you can be a little vague at the interview, you'll be fine.

jeffonthego
27th May 2005, 02:08 PM
Thanks for the advice. Looks like I would probably just research employment, make some enquiries, etc, but not mention overseas contract work to myself. Alternatively, will also have a look at that business route for my partner. Thanks!

baboonworld
3rd June 2005, 07:36 AM
I thought youd be able to go entrepreneur (sorry if spelling is wrong)

nessie
3rd June 2005, 10:17 AM
My experience of skilled migrant applicant and self employment:

I'm a self employed quantity surveyor and put in my covering letter with the PR application that I wanted to do that there, I showed that I had researched the market for business opportunities but recognized it may be hard with no network and would therefore consider work through agencies or take employment to get established.

What a can of worms that opened. 'Serious concerns' and 'SM7 - The aim of providing points for skilled employment is not met by a person undertaking employment in their own business rather than for a third party. ' - these were stated in response to our application.

I did a two page response to that; quoted from the guidelines that were quoted to me to demonstrate a professional service does fulfil the SM criteria better than the business category, that it is how the labour market is going, that Dept of Labour recognise growth in contract work particularly in construction yada yada yada.

From way the discussion in the interview went I was expecting not to get PR, but to get WTR instead to force me into employment initially. Thankfully it didn't and we got PR. I do actually believe it would be a good move to take full time employment initially anyway to kick start a network and give work experience in NZ, but at least i've retained control of that decision.

So skilled migrant applications + talk of self employment = potential hassle with NZIS. Think carefully about how to word the covering letter!

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