SM20.10 Assessment of whether a principal applicant can realise... (25/07/2006)

SM20.10 Assessment of whether a principal applicant can realise their potential to successfully settle and contribute

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 formal face-to-face interview with the principal applicant and other family members included in the application; and
   2. all other information contained in the application for residence; and
   3. any further verification of the application (including information provided at interview).
2. That assessment will include consideration of the following factors:
   1. 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. If a visa or 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:
   1. the principal applicant will be eligible for the issue and/or grant of a work visa and/or permit (subject to the requirements of WR6 being met) to enable them to realise their potential by establishing themselves in skilled employment (see SM7) in New Zealand; and
   2. a decision on their application for residence will be deferred for a period of six months from the date of issue or grant of the work visa or permit.
4. The deferral period of six months may be extended on a case by case basis, for a maximum additional period of three months, where the principal applicant has an offer of skilled employment but requires a further work permit to meet the three-month requirement set out at SM20.15(a).
5. Where, following a further assessment, a principal applicant, despite not meeting the requirements of SM20.5(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 issued and/or granted residence visas and/or permits.
6. If a visa or immigration officer determines, as a result of the further assessment, that a principal applicant has not demonstrated they can realise their potential to settle in and contribute to New Zealand, their application for residence in New Zealand under the Skilled Migrant Category will be declined.
7. If (c) above applies, but a work visa and/or permit is not issued and/or granted, the application for residence will be declined.

Effective 25/07/2006