SM4.5 Approval of applications under the Skilled Migrant Category (23/05/2004)

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's total points for employability and capacity building factors meets or exceeds the selection point at the date their Expression of Interest was selected from the Pool (unless (c) below applies); and
   3. the principal applicant is less than 56 years of age; and
   4. the principal applicant is assessed as having the ability to successfully settle in and contribute to New Zealand; and
   5. all necessary verification of the application has been completed.
3. If a principal applicant's total points for employability and capacity building factors at application does not meet or exceed the selection point at the date their Expression of Interest was selected from the Pool, 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 total points for which the principal applicant qualifies meets or exceeds a selection point applicable within the period of currency of their Expression of Interest.

Effective 23/05/2004