Green List Residence & Work to Residence Visas - An Ultimate Guide

The “Green List” is a list of occupations that Immigration New Zealand maintains that allow a person to apply for a NZ Residence visa. Residence can, in some cases, be applied for either immediately (for people with employment or an offer of employment in a “Tier 1” Green List occupation) and without the need to first apply for and hold a NZ work visa for a particular duration or (for people employed in Green List “Tier 2” occupations) once the person has held a work visa to work in a Green List Tier 2 occupation for at least 2 years.

The more “immediate” residence visa option mentioned above is known as the “Green List Straight to Residence” visa, and it relates to occupations that appear in the Green List’s top tier (Tier 1), while the latter option is known as the “Green List Work to Residence” visa and relates to occupations in the Green List’s lower tier (Tier 2).

Green List Straight to Residence Visa

This is a straight to residence visa category for those who have “acceptable employment” in an occupation listed under Tier 1 of the Green List accredited New Zealand employer.

The overall requirements are that applicants must:

• Meet health and character requirements for residence

• Meet the applicable minimum standard of English

• Meet acceptable employment requirements in Tier 1 Green List role

• Be aged 55 or younger at the time the residence application is made

There are further requirements for what constitutes “acceptable employment”, including:

1. Having employment or an offer of employment which meets the specific requirements for the relevant occupation as specified in Tier 1 of the Green List;

2. The remuneration for the employment or offer of employment is either:

   • at or above the hourly rate specified in Tier 1 of the Green List where an occupation has remuneration requirements (for example, certain occupations in the Green List stipulate hourly rates that are higher than the median wage) or

   • at or above the median wage (which at the date of writing is $31.61 but is subject to change) if a different rate is not specified in the Green List

3. The employment or offer of employment being with an employer who holds an accreditation with INZ (i.e. they are an “accredited employer”)

4. The employment must be full-time (at least 30 guaranteed hours per week)

5. The employment must be permanent or for a fixed term of at least 12 months

6. The employment must be genuine and not offered as a result of payment

Green List Work to Residence

This is a work to residence visa category for if you have “acceptable employment” with an accredited employer in an occupation that appears in Tier 2 of the Green List, you meet the specified requirements for that occupation under the Green List, and you have worked in that occupation for 24 months in New Zealand.

The overall requirements for this visa category are similar to those above for the Green List Straight to Residence category but with a few noted exceptions, including that the applicant must hold a work visa or a critical purpose visitor visa with work conditions, must meet acceptable employment requirements in a Tier 2 Green List occupation, and have completed 24 months of work in New Zealand in a Tier 2 Green List occupation.

“Acceptable employment” in Tier 2 Green List role is similar to that described above for the Green List Straight to Residence category but with a few differences, including that the employment or offer of employment must be in a Green List Tier 2 occupation (and the requirements of that occupation specified in Tier 2 must be met) and the remuneration for the employment or offer of employment must be either at or above the hourly rate specified in Tier 2 where an occupation has remuneration requirements or at or above the median wage (as published).

Green List occupations

The Green List occupations for both tiers are set out in Appendix 13 of the INZ Operational Manual.

Occupations cover a range of industries, including (at the date of writing) construction, engineering, health and social services, primary industries and science, ICT electronics and telecommunications. Tier 2 includes a number of trades and other occupations.

Complexities and Common Green List Skilled Residence Visa Pitfalls

The main complexities with the Green List Skilled Residence Visa categories include:

1. Meeting occupation requirements – that is to say, the stipulated / specific requirements in respect of most of the occupations on the list, as many of those requirements are highly prescriptive and onerous (e.g. the requirement to hold a specific type of qualification, be paid a higher rate of remuneration, or hold registration with a professional body).

2. Meeting the remuneration requirements for these visa categories - especially for the Green List Work to Residence category if there are changes to a person’s employment during the two year minimum employment period. For example, I’m often asked what happens if the median wage requirement increases during the 2 year period before an applicant lodges their Green List Work to Residence visa application. INZ Instructions provide that where remuneration requirements apply, work will not stop being counted if the specified hourly rate in immigration instructions increases as long as the applicant’s income does not decrease and they have not changed employment. There are numerous other examples of situations where changes in one’s employment during that 2 year period could negatively impact their potential eligibility to apply for residence.

3. Meeting ANZSCOs / employment being ‘genuine’ - Potentially, an applicant’s employment fitting with the relevant ‘Australian New Zealand Standard Classification of Occupations’ or ANZSCO occupation that is stipulated on the Green List. Interestingly, there is no mention of the ANZSCO in the INZ Instructions for these two visa categories, including no mention of “substantial match” assessments (readers may be aware that the ANZSCO can present particular challenges for applicants under the SMC residence visa category). INZ has also previously indicated they will be taking a lighter touch approach in terms of assessing whether an applicant’s job matches with the relevant ANZSCO description for that occupation. Nevertheless, the Green List occupations are based on the ANZSCO codes, so it’s theoretically possible that in particular cases, INZ could decline an application if they consider the employment is not, in fact, a match with the claimed ANZSCO occupation. The ANZSCO is probably most likely to be relevant when an INZ officer is assessing whether employment is “genuine” as per INZ Instruction SR5.10(a)(vii); for example, in identifying situations where a job has been designed on paper to be a Green List occupation (in an attempt to secure a residence visa) when it is not.

Conclusion

The Green List Straight to Residence Visa and Green List Work to Residence Visa categories provide eligible applicants with an excellent opportunity for the grant of an NZ residence visa, either immediately (in the case of the former) or after a period of two years (in the case of the latter).

If you’re looking to apply under either category and require advice to check your potential eligibility or have concerns about your application, feel free to get in touch.