Residence from Work Category

Background

The objectives of the Residence chapter (RV) are: [RV1.1]

1. to protect the interests of New Zealand citizens and other people living permanently in New Zealand; and
2. to encourage those granted a resident visa to show a commitment to New Zealand; and
3. to assist the government in border control.

At a glance

The objective of the Residence from Work Category is to enable the grant of residence class visas to people whose talents are needed by New Zealand employers, people with exceptional talent in a field of art, culture or sport, people working in areas of identified absolute occupational shortage in New Zealand and religious workers [RW1].
Additionally, a residence pathway is available for holders of work visas granted under the Long Term Skill Shortage List instructions [RW4].
Note: Where these instructions refer to holding a visa, this includes holding a permit granted under the Immigration Act 1987 [RW1].
Under certain conditions, a permanent resident visa may be granted to applicants who hold a residence class visa and meet additional salary and timing criteria under the Talent (Accredited Employers) instructions [RW2.1].

N/A – raw section is empty [R-residence-from-work-category].

How to apply

Applicants under the Talent (Accredited Employers) pathway must be in New Zealand at the time they lodge their application for a residence class visa [RW2]. The application is based on the work visa that the applicant has held for at least 24 months under the Talent (Accredited Employers) work instructions [RW2].

Applicants under the Talent (Arts, Culture and Sports) pathway must also be in New Zealand at the time they lodge their application for a resident visa [RW3].

Applicants under the Religious Worker pathway must be in New Zealand at the time they lodge their application for a resident visa [RW7.5].

Evidence requirements: Talent (Accredited Employers)

Applicants must include the following evidence when lodging a residence class visa application under the Talent (Accredited Employers) instructions [RW2.10]:

1. Evidence that during the currency of their work visa granted under those instructions, the applicant has been employed in New Zealand by an employer for a continuous period of at least 24 months, in accordance with RW2(b) [RW2.10].
2. Evidence of employment that meets the requirements set out at RW2.5 [RW2.10].
3. Evidence that the applicant holds full or provisional registration, if registration is required to practise in the occupation in which they are employed [RW2.10].

Evidence requirements: Long Term Skill Shortage List pathway

Applicants under the Long Term Skill Shortage List pathway must be in New Zealand at the time they lodge their application for a resident visa [RW4]. The following evidence must be included with the application [RW4.5]:

1. Evidence that the applicant has been employed in New Zealand for a period of at least 24 months in:
   • an occupation that was listed on the Long Term Skill Shortage List at the time their work visa was granted under the Long Term Skill Shortage List work instructions; or
   • an occupation that meets the requirements of WR3.15.1(a)(iii) [RW4.5].
2. Evidence of employment that meets the requirements set out at RW4(b) and RW4.1 [RW4.5].
3. Evidence that the applicant holds full or provisional registration, if registration is required to practise in the occupation in which they have employment [RW4.5].

Additionally, the applicant must demonstrate compliance with the eligibility criteria under the Long Term Skill Shortage List pathway, including the minimum base salary of NZ$45,000 per annum, current occupation on the Long Term Skill Shortage List, and health and character requirements [RW4].

Evidence requirements: Talent (Arts, Culture and Sports)

Under RW3.10, applicants must also provide evidence that during the currency of their visa granted under the Talent (Arts, Culture and Sports) work instructions they have been active in their declared field of art, culture or sport throughout a period of 24 months in New Zealand, and that they are still prominent in that field. [RW3.10]

Applicants under the Talent (Arts, Culture and Sports) pathway must provide with their application [RW3.5]:

1. a completed Talent (Arts, Culture and Sports) Sponsorship Form (INZ 1091); and [RW3.5]
2. a statement of support for the resident visa application from a New Zealand organisation of national repute in their declared field of art, culture or sport; and [RW3.5]
3. the reasons for which the organisation considers that the applicant's presence in New Zealand will continue to enhance the quality of New Zealand's accomplishments and participation in the declared field of art, culture or sport; and [RW3.5]
4. a written undertaking of sponsorship from a natural person, organisation, or government agency which is an acceptable sponsor to confirm they will meet the costs specified at R4.10 if those costs are incurred in the 24 months after the grant of the resident visa. [RW3.5]

Note: The sponsor is not required to be the organisation that is supporting the application. [RW3.5]

Evidence requirements: Religious Worker pathway

Applications under the Religious Worker pathway for a residence class visa must include the following evidence [RW7.15]:

1. Evidence that the applicant has been undertaking religious work in New Zealand for a period of at least three years [RW7.15].
2. Evidence of work that meets the requirements set out at (see Religious Worker pathway) [RW7.15].
3. Evidence of sponsorship by an acceptable sponsor (see Sponsorship by an acceptable sponsor for religious workers and [RW7.10]) [RW7.15].
4. Evidence of at least five years of religious training and/or religious work experience relevant to the religious work the applicant is being sponsored to undertake. Examples of such evidence include, but are not limited to [RW7.15]:
   • testimonials;
   • certificates of ordination;
   • curriculum vitae;
   • documentation demonstrating relevant work experience; or
   • a verified copy of an awarding certificate for a relevant qualification.

Note: An applicant’s religious training and experience can be considered cumulatively to meet the requirement under (d) [RW7.15].

Eligibility criteria

Talent (Accredited Employers) pathway

Employment that forms the basis of the residence application must comply with RW2.5 [RW2.5]. Employment must be:

1. in New Zealand; and
2. full-time (on average at least 30 hours per week); and
3. ongoing — permanent or indefinite, or for a fixed term of at least 12 months (meeting RW2.5.1); and
4. genuine; and
5. compliant with all relevant employment and immigration law in force in New Zealand (including a written employment agreement, holiday and special leave entitlements, and occupational safety and health obligations); and
6. with an employer (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers) who has a history of compliance with employment and immigration law and has not been convicted under sections 98, 98C or 98D of the Crimes Act 1961.

Stated-term employment: Where the employment is for a stated term of at least 12 months, INZ must also be satisfied that [RW2.5.1]:

• the employer has genuine reasons (not to exclude employment law rights or to trial suitability) based on reasonable grounds for the fixed term;
• the employee has been advised of when or how the employment will end and the reasons; and
• the employer is in a position to meet the terms specified.

To be granted a residence class visa under the Talent (Accredited Employers) pathway, applicants must meet all of the following requirements [RW2]:

1. Holding a qualifying work visa: The applicant has held a work visa granted under the Talent (Accredited Employers) work instructions for a continuous period of at least 24 months [RW2].
2. Employment during the visa period: Throughout that 24‑month period, the applicant must have been employed in New Zealand by:
   • an accredited employer as defined in the Talent (Accredited Employers) instructions; or
   • an employer that was accredited at the time the visa was granted, even if accreditation later ceased, provided the employment still met the original offer requirements; or
   • an employer that is not accredited but where the conditions of the applicant's visa were formally varied to permit work for that employer; or
   • an accredited employer whose accreditation was rescinded or not renewed during the visa period, provided the employment continued to meet the base salary requirement at the time of the initial application, the offer of employment met requirements other than the accredited employer obligation, and the employer satisfied the generic work visa employer obligations (regarding compliance, character, and workplace standards) [RW2].
3. Minimum base salary: The applicant must have employment in New Zealand with a minimum base salary of:
   • NZ$55,000 per annum if the associated work to residence visa application was made before 7 October 2019; or
   • NZ$79,560 per annum if the application was made on or after 7 October 2019, unless a transitional provision applies [RW2]. The base salary excludes employment-related allowances such as overtime, tool or uniform allowances, medical insurance, and accommodation. Where the employee works more than 40 hours per week, the minimum salary is calculated on the basis of a 40‑hour week [RW2].
4. Occupational registration: The applicant must hold full or provisional registration if registration is required to practise in their occupation in New Zealand [RW2].
5. Health and character: The applicant must meet the health and character requirements set out in the residence instructions [RW2].

Permanent resident visa (RW2.1)

To be granted a permanent resident visa under the Talent (Accredited Employers) work instructions, an applicant must [RW2.1]:

• meet all the requirements to be granted a residence class visa; and
• at the time of their application for a residence class visa, have employment in New Zealand with a minimum base salary of NZ$90,000; and
• have made the application for the associated Talent (Accredited Employers) work visa before 7 October 2019.

Long Term Skill Shortage List pathway

Holders of work visas granted under the Long Term Skill Shortage List work instructions may be granted a resident visa if they satisfy all of the following [RW4]:

1. Holding a qualifying work visa: The applicant has held a work visa granted under the Long Term Skill Shortage List work instructions for a continuous period of at least 24 months [RW4].
2. Employment and occupation: The applicant must have employment in New Zealand with a minimum base salary of NZ$45,000 per annum, in an occupation that was on the Long Term Skill Shortage List at the time the work visa was granted, or is on that list at the time the residence application is made, or meets the requirements under the relevant work visa instructions [RW4].
3. Occupational registration: The applicant must hold full or provisional registration if registration is required to practise in that occupation in New Zealand [RW4].
4. Health and character: The applicant must meet health and character requirements [RW4].
5. Presence in New Zealand: The applicant must be in New Zealand at the time of lodgement [RW4].

Note: The minimum base salary excludes employment-related allowances and is calculated on the basis of a 40‑hour week [RW4].

Employment requirements (RW4.1): The employment must also satisfy the criteria in RW4.1 [RW4.1]. It must be:

• in New Zealand;
• full-time (on average at least 30 hours per week);
• ongoing — permanent or indefinite, or for a fixed term of at least 12 months (see below);
• genuine;
• compliant with all relevant employment and immigration law (including a written employment agreement, leave entitlements, and occupational safety and health obligations);
• with an employer (including any associated person able to influence employment) who has a history of compliance with employment and immigration law and has not been convicted under sections 98, 98C or 98D of the Crimes Act 1961.

Stated-term employment (RW4.1): Where the employment is for a stated term of at least 12 months, INZ must be satisfied that the employer has genuine reasons based on reasonable grounds for the fixed term, has advised the employee of when or how the employment will end and the reasons, and is in a position to meet the terms. Genuine reasons exclude reasons that limit or exclude the rights of a person under employment law or to determine suitability for permanent employment. The stated term must be valid both at lodgement and decision. [RW4.1]

Talent (Arts, Culture and Sports) pathway

Holders of visas granted under the Talent (Arts, Culture and Sports) work instructions may be granted a resident visa where they meet the following requirements [RW3]:

1. they have held a work visa granted under the Talent (Arts, Culture and Sports) work instructions for at least 24 months; and
2. during that visa they have been actively engaged in their declared field of art, culture or sport throughout a period of 24 months in New Zealand; and
3. they are still prominent in that field; and
4. their continued presence in New Zealand will enhance the quality of New Zealand's accomplishments and participation in that field; and
5. they are supported by a New Zealand organisation of national repute in their declared field; and
6. they have an acceptable sponsor (see R4.5); and
7. they meet health and character requirements; and
8. they have not, at any time since the grant of their work visa, applied for, or been granted welfare assistance under the Social Security Act 1964. (For the purpose of these instructions, any welfare assistance applied for by, or granted to, a partner or child of the holder is welfare assistance applied for or granted to the holder.)

Applicants under these instructions must be in New Zealand at the time they lodge their application for a resident visa. [RW3]

Religious Worker pathway

The objective of the Residence instructions for holders of work visas granted under Religious Worker instructions is to provide New Zealand communities with the opportunity to practise, maintain and advance their religious beliefs, and to maintain the integrity of the immigration system through clear guidelines for genuine religious work [RW7].

Holders of visas granted under Religious Worker instructions (or under Ministers of religion, missionaries, and members of religious orders instructions, or Specific purpose or event work instructions before 5 November 2011) may be granted a resident visa where they meet the following requirements [RW7.5]:

1. they have held a work visa for at least three years, and met the conditions of that visa, under one of the specified categories [RW7.5];
2. they have an acceptable sponsor who meets the sponsorship requirements for religious workers (see below) [RW7.5] [RW7.10];
3. they have a genuine offer of work from their sponsor that is for religious work, in New Zealand, and ongoing (permanent, indefinite, or for a stated term of at least five years) [RW7.5];
4. they are aged 55 years or under [RW7.5];
5. they meet the minimum English language requirements (see RW5.1) [RW7.5] [RW5];
6. they have at least five years of religious training and/or religious work experience [RW7.5];
7. they meet health and character requirements [RW7.5];
8. they have not, at any time since the grant of their work visa under the Religious Worker instructions, applied for, or been granted welfare assistance under the Social Security Act 1964. (For the purpose of these instructions, any welfare assistance applied for by, or granted to, a partner or child of the holder is welfare assistance applied for or granted to the holder.) [RW7.5]

Note: Applicants under these instructions must be in New Zealand at the time they lodge their application for a resident visa. [RW7.5]

Sponsorship by an acceptable sponsor for religious workers

An acceptable sponsor under the Religious Worker pathway must meet the sponsorship requirements set out in RW7.10, in addition to the general acceptable sponsor criteria (see Acceptable Sponsors for Residence). [RW7.10]

The applicant must provide evidence of sponsorship by providing a completed Sponsorship Form for Religious Workers (INZ 1190) with their residence visa application. [RW7.10] Completion of the form must include:

• evidence that the sponsoring organisation is a charity registered with Charities Services and has a primary purpose of advancing religion; [RW7.10]
• evidence that the work to be undertaken by the applicant meets the requirements at RW7.5(c); [RW7.10]
• a statement from the sponsoring organisation establishing the reasons why it considers that the applicant's work will continue to serve their religious objectives; [RW7.10]
• a declaration of sponsorship from the organisation confirming it will meet the sponsorship undertakings (as described in the acceptable sponsor criteria) for a period of five years after the grant of the resident visa; [RW7.10]
• information demonstrating that the sponsoring organisation has a long-term need for a religious worker (this may include, but is not limited to, a statement demonstrating a shortage of New Zealanders or resident visa holders suitable and available for the religious work, or information about the growth of the religious organisation or its followers). [RW7.10]

Requirements for sponsoring organisations

The sponsoring organisation, and any person associated with it who can influence recruitment, employment, or supervision of workers, must have a history of compliance with relevant employment and immigration law in force in New Zealand. [RW7.10] Compliance includes, but is not limited to:

• paying employees no less than the appropriate minimum wage rate or other contracted industry standard; [RW7.10]
• meeting holiday and special leave requirements and other minimum statutory criteria, such as occupational safety and health obligations; [RW7.10]
• only allowing people to work in the organisation who can lawfully work in New Zealand, and in compliance with their visa conditions. [RW7.10]

Evidence of compliance may include, but is not limited to, an employment agreement that demonstrates compliance (if the applicant is employed) and a recognised history with the Ministry of Business, Innovation and Employment of past compliance. [RW7.10]

A sponsoring organisation is considered not to have a history of compliance with employment and immigration law if it fails to meet the requirements set out at R5.110. [RW7.10] Immigration officers may also request other evidence of past compliance. [RW7.10] They may require the employer to provide evidence that the rate of pay or conditions of work offered to the applicant are not less than those for New Zealand workers undertaking similar work for the sponsoring organisation. [RW7.10]

INZ will decline an application for a Religious Worker resident visa if it considers that granting the visa would undermine the integrity, credibility, or reputation of the New Zealand immigration or employment relations systems. [RW7.10]

Further, the sponsoring organisation and any associated person must not have been convicted under sections 98, 98C, or 98D of the Crimes Act 1961 (see R5.111). [RW7.10]

Conditions and currency for Religious Worker visas

Resident visas granted under the Religious Worker instructions are subject to specific conditions and travel currency rules [RW7.20].

• Work restriction condition: The visa holder must undertake religious work for the sponsoring organisation only. This condition applies for five years from the visa holder's first day as a resident in New Zealand, except where a variation is permitted under RW7.20(d) [RW7.20].
• Sponsorship condition: The visa is subject to the condition that the sponsor meets their obligations as set out in R4.10 (Sponsorship undertakings) for five years from the visa holder's first day as a resident in New Zealand [RW7.20].
• Travel conditions: The multiple entry travel conditions on a resident visa granted under the Religious Worker instructions must be valid for five years from the visa holder's first day as a resident in New Zealand [RW7.20].

Variation of work restriction: The visa holder may request that the conditions on their resident visa be varied to allow them to work for another registered charity of the same religious affiliation whose purpose is advancing religion [RW7.20]. This may be necessary, for example, where the sponsoring organisation stated on the visa is deregistered as a charitable organisation under Section 31 of the Charities Act 2005 [RW7.20].

Evidence for variation: Where a variation is requested, the applicant must provide supporting documentation to confirm that:

• the new sponsoring organisation is an acceptable sponsor; and
• the visa holder will undertake religious work for the new sponsor [RW7.20].

South Island Contribution pathway

The objectives of the South Island Contribution work instructions are to: [WR7.1]

1. recognise well-settled temporary migrants who have made a commitment to New Zealand and their South Island communities; and
2. meet genuine regional labour market needs and contribute to individual firm productivity, by enabling employers to maintain an experienced workforce; and
3. minimise the risk of displacing New Zealanders from employment opportunities or hindering improvements to wages, working conditions or industry-wide productivity growth.

Holders of work visas granted under the South Island Contribution work instructions may be granted a residence class visa if they meet all of the following criteria [RW8]:

1. They have held a work visa granted under the South Island Contribution work instructions for a continuous period of at least 24 months [RW8].
2. During that 24‑month period, they have been employed full‑time (on average at least 30 hours per week) in the region and industry specified on their visa [RW8]. Employment must be with an employer (including any person associated with the employer who is able to influence the recruitment, employment, or supervision of workers) who has a history of compliance with employment and immigration law and who is not included on a list of non‑compliant employers maintained by the Ministry of Business, Innovation and Employment [RW8][R5.110][Appendix 10].
3. They have current employment or an offer of employment that is [RW8]:
   • full‑time (at least 30 hours per week);
   • genuine;
   • ongoing and sustainable (permanent, indefinite, or for a stated term of at least 24 months);
   • in the region and industry specified by their South Island Contribution work visa;
   • on terms and conditions no less than those of the New Zealand labour market; and
   • with an employer (including associated persons) who has a history of compliance with employment and immigration law [R5.110.1][R5.110.5] and has not been convicted under sections 98, 98C or 98D of the Crimes Act 1961 [R5.111].
4. They hold full or provisional registration if registration is required to practise in the occupation in which they are employed [RW8].
5. They meet health and character requirements [RW8][A4][A5].

The English language requirements under RW5 do not apply to principal applicants, partners, or dependent children of South Island Contribution Resident Visa applicants [RW5].

Filipino dairy workers with previous false documents (RW8.10)

The following special instructions apply to applicants who:

• are nationals of the Philippines;
• are subject to A5.25(i) because an immigration officer has established, on the balance of probabilities, that in the course of applying for a New Zealand visa they provided any statement, information, evidence or submission regarding their work experience that was false, misleading or forged;
• were granted an Essential Skills work visa to work on a dairy farm prior to 1 September 2015; and
• are applying for a South Island Contribution resident visa and have ongoing employment, or an offer of employment, on a dairy farm.

Despite the requirement that applicants be of good character under the South Island Contribution instructions, applicants who meet the criteria above may still be granted a South Island Contribution resident visa if they:

• have not withheld information or provided further false, misleading or forged information in the course of applying for a New Zealand visa since the grant of the visa that satisfied the requirement in (a)(iii); and
• meet all other criteria for the grant of a South Island Contribution resident visa, including not falling under any of the provisions of A5.25 other than A5.25(i) [RW8.10].

English language requirements

For any partner or dependent child aged 16 and older included in a Residence from Work Category application (except for South Island Contribution Resident Visa applications), they must either:

• show that they meet a minimum standard of English; or
• pre-purchase ESOL training [RW5].

Principal applicants under Religious Worker instructions must also meet the minimum standard of English [RW5].

The minimum standard of English is intended to ensure the person's English language ability is sufficient to assist them to successfully settle in New Zealand [RW5].

Partners and dependent children included in a South Island Contribution Resident Visa application are exempt from these English language requirements [RW5].

Payment of ESOL tuition charge

If they do not meet the minimum standard of English, applicants who are eligible to pre-purchase ESOL tuition must pre-purchase ESOL tuition from the Tertiary Education Commission (TEC) by paying the required charge to INZ [RW5.20]. The amount of tuition to be pre-purchased is determined by the applicant's English language test results according to the following table [RW5.40]. The charge includes the applicant's ESOL tuition entitlement (the 'ESOL entitlement' column) and INZ and TEC administration costs [RW5.40].

Test	Overall score	Charge (NZ$)	ESOL entitlement (NZ$)
IELTS (General or Academic)	4.5 to less than 5.0	1,735	1,531.82
TOEFL iBT	32–34	1,735	1,531.82
PTE Academic	30–35	1,735	1,531.82
B2 First / B2 First for Schools	147–153	1,735	1,531.82
OET	Not applicable (see RW5.1.1)	1,735	1,531.82
IELTS (General or Academic)	4.0 to less than 4.5	3,420	3,063.64
TOEFL iBT	31	3,420	3,063.64
PTE Academic	29	3,420	3,063.64
B2 First / B2 First for Schools	142–146	3,420	3,063.64
OET	Failed to achieve Grade C or higher in all four skills, but achieved at least Grade D in all four skills	3,420	3,063.64
IELTS (General or Academic)	3.5 to less than 4.0	5,110	4,600.00
IELTS (General or Academic)	Less than 3.5	6,795	6,131.82
TOEFL iBT	Less than 31	6,795	6,131.82
PTE Academic	Less than 29	6,795	6,131.82
B2 First / B2 First for Schools	Less than 142	6,795	6,131.82
OET	Failed to achieve at least Grade D in all four skills	6,795	6,131.82

If an applicant has not submitted an English language test result when requested, the maximum charge of NZ$6,795 applies [RW5.40].

Any ESOL tuition charge due must be paid before a residence class visa is granted. If it is not paid to INZ within the specified time, the residence class visa application must be declined [RW5.45].

ESOL tuition arrangement

Once the ESOL tuition charge has been paid, the Tertiary Education Commission (TEC) arranges the tuition. The applicant is entitled to tuition to the value of the ESOL entitlement component of the ESOL tuition charge. This does not include INZ and TEC administration costs. TEC advises the applicant of a list of suitable ESOL tuition providers in New Zealand, from which the applicant may nominate one. TEC manages the contract between the chosen ESOL tuition provider and the applicant. The applicant must advise TEC of their New Zealand address. [RW5.25]

Applicant's Agreement with TEC

Where an applicant pre-purchases ESOL tuition, they must also sign an Agreement with TEC. The content of the Agreement is determined by INZ and TEC. Through the Agreement, the applicant acknowledges they understand the rules for taking up ESOL tuition in New Zealand and the refund provisions. The Agreement includes a Schedule setting out the applicant's personal details and the amount of tuition to be purchased. [RW5.30]

Under RW5.1, a person meets the minimum standard of English if they [RW5.1]:

• provide acceptable English language test results (no more than 2 years old at the time the application is lodged) obtained by sitting the test in person at a test centre — remote or 'at home' tests are not acceptable; or
• provide evidence of an English‑speaking background (see RW5.5) which an immigration officer accepts as meeting the standard; or
• provide other evidence which satisfies an immigration officer that, taking account of that evidence and all the circumstances of the application, the person meets the standard. Circumstances that may be considered include the applicant's current and previous countries of residence, duration of residence, whether the applicant and their family speak English or other languages, the nature of their employment and qualifications, and whether those are likely to require English ability.

In any case where an applicant relies on an English‑speaking background or other evidence, the immigration officer may still require the applicant to provide an English language test result. When that request is made, the test result will be used to determine whether the minimum standard is met [RW5.1].

Note: Full consideration must be given to all evidence of English language ability before a decision to request a test result is made. If a test result is requested, the reasons must be clearly documented and conveyed to the applicant. The tests recognised by Immigration New Zealand assess listening, reading, writing and speaking. [RW5.1]

The following English language test results are acceptable under RW5.1.1 [RW5.1]:

Test	Minimum score required
International English Language Testing System (IELTS) – General or Academic Module	Overall score of 5.0 or more
Test of English as a Foreign Language Internet-based Test (TOEFL iBT)	Overall score of 35 or more
Pearson Test of English Academic (PTE Academic)	Overall score of 36 or more
B2 First (First Certificate in English) (formerly Cambridge English: First (FCE)) or B2 First for Schools (formerly Cambridge English: First (FCE) for Schools)	Overall score of 154 or more
Occupational English Test (OET)	Grade C or higher in all four skills (Listening, Reading, Writing and Speaking)*

* A score of Grade C or higher in all four skills is required for the OET as there is no overall grade for this test.

Evidence of an English-speaking background (RW5.5)

An English-speaking background may be established by providing original or certified copies of documents showing one of the following [RW5.5]:

• completion of all primary education and at least 3 years of secondary education (that is, the equivalent of New Zealand Forms 3 to 5 or years 9 to 11) at schools using English as the language of instruction; or
• completion of at least 5 years of secondary education (that is, the equivalent of New Zealand Forms 3 to 7 or years 9 to 13) at schools using English as the language of instruction; or
• completion of a course of at least 3 years' duration leading to the award of a tertiary qualification at institutions using English as the language of instruction; or
• that the applicant holds General Certificate of Education (GCE) 'A' Levels from Britain or Singapore with a minimum C pass (the passes must specifically include the subjects English Language or Literature, or Use of English); or
• that the applicant holds International Baccalaureate – full Diploma in English Medium; or
• that the applicant holds Cambridge Certificate of Proficiency in English – minimum C pass; or
• that the applicant holds Hong Kong Advanced Level Examinations (HKALE) including a minimum C pass in Use of English; or
• that the applicant holds STPM 920 (Malaysia) – A or B pass in English Literature; or
• that the applicant holds University of Cambridge in collaboration with University of Malaya, General Certificate of English (GCE) "A" levels with a minimum C pass. The passes must specifically include the subjects English or General Paper; or
• that the applicant holds South African Matriculation Certificate, including a minimum D pass in English (Higher Grade); or
• that the applicant holds South African Senior Certificate, including a minimum D pass in English (Higher Grade), endorsed with the words 'matriculation exempt'; or
• that the applicant holds a New Zealand Tertiary Entrance Qualification gained on completing the seventh form.

Employment in New Zealand as evidence of English-speaking background (RW5.10)

Under RW5.10, an applicant may also be considered to have an English-speaking background if they have been lawfully employed full-time in an occupation in New Zealand for at least 12 months, and English was the language of employment. Self-employment does not qualify as "employment" for these purposes. [RW5.10]

Evidence of employment and English language (RW5.15)

Under RW5.15, evidence of full-time employment in New Zealand for a minimum of 12 months (as referred to in RW5.10) is either original or certified copies of:

1. references from employers on company letterhead, stating the occupation, dates of employment, contact phone number and address of the employer; or
2. an employment agreement with confirmation from the employer that the applicant is still employed.

In addition, evidence that English was the language of employment is a written statement from the employer that English was the primary language used in that employment. [RW5.15]

Completion of Agreement

When an application for a residence class visa is approved in principle, applicants will be given two copies of the Agreement to complete for each person in the application undertaking the English language training. [RW5.35]

After completion of the Agreement, one copy is retained by the applicant, and the other copy is returned to INZ processing office with the tuition fee(s). [RW5.35]

If the Agreement is not signed and returned to INZ within the time specified by INZ, the residence class visa application must be declined. [RW5.35]

The INZ copy of the Agreement should be sent to the TEC. [RW5.35]

Refunds of ESOL tuition money

If ESOL tuition money has been paid but the principal applicant, partner, and dependent children included in the application do not take up residence, a refund may be granted upon written request to INZ [RW5.55]. The request must be made in writing [RW5.55].

Requests for refunds must be declined if they are made more than six months after the expiry of the travel conditions that allowed travel to New Zealand [RW5.55].

Immigration officers considering refund requests must be satisfied that the principal applicant, partner, and dependent children included in the application [RW5.55]:

• have not taken up residence; and
• do not hold current residence class visas.

Only the ESOL entitlement is refunded; INZ and TEC administration costs are not refunded [RW5.55].

Interpretation & edge cases

• The "associated work to residence visa application" means the application that resulted in a work visa the applicant has held for at least 24 months and on which the residence application is based [RW2].
• Applicants must be physically present in New Zealand when lodging the residence application [RW2].
• Where employment is for a stated term of at least 12 months, the term must be valid at both lodgement and decision: the applicant must still be in that employment or the offer must remain valid [RW2.5].
• For salary calculations, only base salary is considered; allowances and benefits are excluded. If the contracted hours exceed 40 per week, the base salary is assessed against a 40‑hour week [RW2].
• The earlier salary threshold of NZ$55,000 applies only to applications linked to work visa applications lodged before 7 October 2019 [RW2].
• For the permanent resident visa pathway, the base salary must be at least NZ$90,000 at the time the residence class visa application is made, and only applicants whose associated Talent (Accredited Employers) work visa application was made before 7 October 2019 are eligible [RW2.1].
• For the Talent (Arts, Culture and Sports) pathway, any welfare assistance applied for or granted to the applicant's partner or child is treated as if it were applied for or granted to the applicant, and the applicant must be in New Zealand when lodging the residence application [RW3].
• For the Talent (Arts, Culture and Sports) pathway, a "New Zealand organisation of national repute" is defined as a New Zealand organisation that has a nationally recognised record of excellence in a field of art, culture or sport, or a New Zealand organisation that has a nationally recognised record of excellence in fostering exceptional talent in a field of art, culture or sport [RW3.1].
• For the Long Term Skill Shortage List pathway, the minimum base salary of NZ$45,000 excludes allowances and is calculated on a 40‑hour week basis. If the applicant's contracted hours exceed 40 per week, the base salary is still assessed against a 40‑hour week. The occupation must be on the Long Term Skill Shortage List at the time the work visa was granted or at the residence application, or it must meet the alternative requirements under the relevant work visa instructions [RW4].
• Any ESOL tuition charge must be paid before the residence class visa is granted; failure to pay within the specified time results in the application being declined [RW5.45].
• Under RW5.50, ESOL tuition that has been pre-purchased must be taken up and completed within five years from the date of payment. If the applicant does not take up the tuition within that five‑year period, no further ESOL tuition is available without an additional payment, and no refund will be given. [RW5.50]
• For the Religious Worker pathway, 'religious work' must substantially be a primary role including teaching or guidance in religious scripture or philosophy, leading religious practice, worship or prayer, conducting religious initiations, ordination or ritual, ministering or pastoral care, or roles of religious leadership [RW7.5]. Supporting roles (e.g., cooking, cleaning) may be secondary roles a religious worker may undertake; secondary roles do not in themselves qualify as religious work. Religious study is not considered religious work [RW7.5]. Religious work may be salaried, stipend-based, unpaid, or paid through alternative arrangements [RW7.5]. Where the religious worker is employed by the sponsoring organisation, the sponsoring organisation must supply an employment agreement for the duration of the sponsorship obligations; otherwise, a description of the work including primary and secondary roles must be provided [RW7.5].
• Resident visas granted under the South Island Contribution pathway are subject to conditions: the principal applicant must remain in full‑time employment in the region specified by their South Island Contribution work visa for 24 months from the date the resident visa is granted, must inform INZ of any changes of residential address while subject to the conditions, and must submit evidence of meeting the employment requirement within 30 months. When INZ is satisfied the conditions have been met, the immigration officer cancels the conditions on the resident visa of the principal applicant and any accompanying family members [RW8.5].

Citations

• R-residence-from-work-category — Residence from Work Category
• RV1.1 — Objectives
• RW1 — Objective
• RW2 — Residence instructions for holders of work visas granted under the Talent (Accredited Employers) work instructions
• RW2.1 — Eligibility for a permanent resident visa
• RW2.5 — Requirements for employment
• RW2.5.1 — Requirements for employment for a stated term
• RW2.10 — Evidential requirements
• RW3 — Residence instructions for holders of work visas granted under the Talent (Arts, Culture and Sports) work instructions
• RW3.1 — Definition of 'New Zealand organisation of national repute'
• RW3.5 — Support by a New Zealand organisation of national repute and sponsorship by an acceptable sponsor
• RW3.10 — Evidential requirements
• RW4 — Residence instructions for holders of work visas granted under the long term skill shortage list work instructions
• RW4.1 — Requirements for employment
• RW4.5 — Evidential requirements
• RW5 — English language requirements under the Residence from Work Category
• RW5.1 — Minimum standard of English
• RW5.5 — Evidence of an English-speaking background
• RW5.10 — Employment in New Zealand as English-speaking background
• RW5.15 — Evidence of employment in New Zealand
• RW5.20 — INZ to collect charge on behalf of TEC
• RW5.25 — TEC to arrange ESOL tuition
• RW5.30 — Applicant's Agreement with TEC
• RW5.35 — Completion of agreement
• RW5.40 — The amount of ESOL tuition to be pre-purchased
• RW5.45 — Failure to pre-purchase ESOL tuition
• RW5.50 — Limited period to use ESOL tuition
• RW5.55 — Refunds of ESOL tuition money
• RW7 — Residence instructions for holders of work visas granted under religious worker instructions
• RW7.5 — Residence instructions for holders of work visas granted under Religious Worker instructions
• RW7.10 — Sponsorship by an acceptable sponsor
• RW7.15 — Evidential requirements
• RW7.20 — Conditions and currency of Religious Worker visas
• WR7.1 — Objective
• RW8 — Residence instructions for holders of work visas granted under South Island Contribution work instructions
• RW8.5 — Resident visa subject to conditions
• RW8.10 — South Island Contribution resident visas for Filipino dairy workers who have provided false documents
• R5.110 — Compliance with employment and immigration law
• R5.110.1 — Compliance with employment and immigration law
• R5.110.5 — Compliance with employment and immigration law
• R5.111 — Convictions under the Crimes Act 1961
• A4 — Health Requirements
• A5 — Character Requirements
• [Appendix 10 — Rules for non-compliant employers (employment standards-related non-compliance)](../../raw/A/Appendix 10/appendix-10-rules-for-non-compliant-employers-employment-standards-related-non-compliance.md)