Can I Apply for a Skilled Migrant Visa If I Am Already in New Zealand?

Can I Apply for a Skilled Migrant Visa If I Am Already in New Zealand?

As New Zealand continues to refine its immigration pathways, many migrants already living in the country are seeking clarity on whether they can transition to a Skilled Migrant Category (SMC) Visa while staying onshore. 

At Immigration Chambers, we assist migrants every day with this important question. In this comprehensive guide, we explain exactly how the process works, who qualifies, and what steps you must follow to secure your skilled residence pathway while already in New Zealand.

Understanding the Skilled Migrant Category for Onshore Applicants

Under New Zealand’s skilled residence framework, applicants are assessed through a points-based system that evaluates recognized qualifications, skilled employment, professional registration, income thresholds, and work experience. Importantly, you can apply for the Skilled Migrant Visa while already lawfully in New Zealand, provided you meet all the eligibility requirements and hold a valid temporary visa at the time of application.

This pathway is designed for migrants who are contributing their skills to New Zealand’s workforce and wish to secure long-term residence without leaving the country.

Eligibility Requirements for Onshore Skilled Migrant Applicants

To apply for SMC residence from within New Zealand, you must meet the following key criteria:

1. Hold a Valid Temporary Visa

You must be in New Zealand on a legal temporary visa such as:

• Accredited Employer Work Visa (AEWV)

• Post-Study Work Visa

• Partnership Work Visa

• Working Holiday Visa

• Student Visa (with skilled employment)

• Other eligible temporary visas

Your visa must remain valid throughout the application process.

2. Meet the Points Threshold

You need at least 6 points under the current Skilled Migrant Category system, gained through:

• Skilled employment (most critical factor)

• Recognised qualifications

• New Zealand registration (if required by your occupation)

• High salary thresholds

• Skilled experience in New Zealand

The points system is structured to favour higher skill levels, qualifications, and long-term contributions to the New Zealand workforce.

3. Have Skilled Employment or a Skilled Job Offer

To qualify, you must either be:

• Currently working in a skilled role, or

• Have an offer of skilled employment from an accredited employer.

Your job must be:

• Full-time (30+ hours per week)

• Paid at the required market rate

• Classified as skilled based on ANZSCO or income thresholds

Skilled employment is the backbone of any SMC residence application, and Immigration New Zealand (INZ) will thoroughly assess your evidence.

4. Meet English Language Requirements

You must demonstrate competent English, typically through:

• IELTS

• PTE

• TOEFL

• Other accepted test results

• Previous English-medium qualifications (in some cases)

Partners and dependent children aged 16+ must also meet English requirements.

5. Meet Health and Character Requirements

Even if you have previously submitted medical or police certificates for earlier visas, INZ may request updated documents. You must:

• Be of good health

• Be of good character, including recent police certificates

• Have no immigration issues or serious offences

Can You Apply for SMC Residence While Holding a Work Visa?

Yes. Most applicants who apply for the Skilled Migrant Visa from within New Zealand are already on a work visa, usually an AEWV or Post-Study Work Visa. As long as:

• Your visa is valid, and

• You meet all SMC requirements

you are eligible to apply without leaving the country.

Applying onshore offers significant benefits:

• No need to travel offshore

• Ability to continue working while your residence is processed

• Faster communication with INZ

• Seamless integration of work visa extensions if required

Also read: Is Skilled Migrant Category Resident Visa a Permanent Resident NZ

Step-by-Step Process to Apply for a Skilled Migrant Visa While in New Zealand

Step 1: Assess Your Eligibility

We evaluate your qualifications, job role, salary, experience, and registration (if applicable) to determine whether you meet the 6-point threshold.

Step 2: Gather Supporting Documents

You must prepare extensive evidence, including:

• Employment agreements

• Job descriptions

• Pay slips & bank statements

• Tax records (IR345, IRD summaries)

• Qualification assessments (IQA where required)

• Professional registration certificates

• Police certificates

• Medical certificates (if requested)

INZ scrutinizes all evidence, especially for skilled employment, so accuracy and completeness are critical.

Step 3: Submit Your Application Online

Onshore applicants lodge their Skilled Migrant Visa application through the RealMe portal. Once submitted:

• Your application enters the queue for allocation

• INZ may issue Requests for Further Information (RFI)

• Processing times vary depending on complexity and verification requirements

Step 4: Continue Working Legally in New Zealand

You may remain in New Zealand and continue full-time skilled work while your SMC application is processed. If your visa is close to expiring, you may also apply for:

• A further AEWV, or

• A Job Change (if changing employers or roles), or

• A Variation of Conditions

This ensures you remain lawful throughout the residence process.

Step 5: Receive Decision and Residence Visa

If INZ is satisfied with your evidence, you will be granted:

• Skilled Migrant Category Resident Visa

This provides you and your family with:

• The right to live permanently in New Zealand

• The ability to work for any employer

• Access to publicly funded services (after eligibility periods)

Advantages of Applying for Skilled Migrant Residence from Within New Zealand

Applying while already in New Zealand gives you several strategic benefits:

1. Continuity of Employment

You can keep working in your skilled role while your application is processed, ensuring stability and income security.

2. Faster Communication

INZ can more easily contact you or request documents, reducing delays.

3. Easier Verification

Employers, qualifications, and work experience can be verified quickly when you are onshore.

4. Ability to Manage Visa Transitions

If your temporary visa is close to expiry, you can apply for:

• A new AEWV, or

• A Variation of Conditions

This keeps you lawful during the entire process.

5. No Offshore Travel Required

Your entire residence journey can be completed without leaving New Zealand.

Common Issues Faced by Onshore Skilled Migrant Applicants

Even onshore applicants encounter challenges that can jeopardize their residence applications. We frequently see issues such as:

1. Insufficient Evidence of Skilled Employment

INZ requires proof that your job is genuinely skilled. Weak job descriptions, missing pay slips, or mismatching roles can lead to delays or declines.

2. Qualification Mismatches

Your qualification must align with your role unless you meet salary thresholds. In some cases, you may need an NZQA IQA assessment.

3. Incorrect Points Calculation

Many applicants incorrectly calculate their points, especially for experience, skilled roles, and registration.

4. Dependents' English Requirements

Partners and children aged 16+ must demonstrate English proficiency, or fees for ESOL training may apply.

5. Character or Medical Concerns

Even minor issues can delay processing or require additional submissions.

We help applicants proactively address these issues to ensure a smoother process.

Do You Need to Leave New Zealand After Applying?

No. Once you apply for the Skilled Migrant Visa onshore, there is no requirement to depart. Applicants can stay legally in New Zealand throughout the assessment period. If your visa is expiring, you must renew or extend your temporary visa to remain lawful.

How Immigration Chambers Support Onshore Skilled Migrant Applicants

Immigration Chambers provide full-service guidance for migrants already in New Zealand who wish to transition to residence through the Skilled Migrant pathway. Our services include:

• Detailed eligibility assessments

• Points calculation and verification

• Skilled employment evidence preparation

• Employer liaison support

• Qualification and registration guidance

• Full application preparation and submission

• Responding to INZ RFIs or PPI letters

• Assistance with temporary visa renewals during processing

With expert representation, you significantly improve your chances of a successful, timely outcome.

Final Thoughts: Applying for Skilled Migrant Residence While in New Zealand

If you are already living and working in New Zealand, you can absolutely apply for the Skilled Migrant Category Resident Visa, provided you meet all the eligibility requirements and hold a valid temporary visa. This onshore pathway allows you to maintain stability, continue working, and transition seamlessly into permanent residence.

For personalised guidance, tailored points assessments, or full representation, our team of Immigration Lawyers in Auckland is ready to assist you through every step of your Skilled Migrant Visa journey.