Understanding the Skilled Migrant Category (SMC) Resident Visa Processing Times

The Skilled Migrant Category (SMC) Resident Visa is a two-stage process, which commences with lodging with Immigration New Zealand (INZ) an Expression of Interest (or ‘EOI’) online form. An automated electronic system determines whether the person meets the requirements to then be invited to apply under the SMC. If a person meets the requirements, they are notified by email (which usually occurs almost instantaneously following lodgement of the EOI) and invited to lodge their SMC Resident Visa application online.

Currently, Immigration New Zealand provides information about estimated processing times for SMC applications on the following page of its website:

https://www.immigration.govt.nz/new-zealand-visas/waiting-for-a-visa/how-long-it-takes-to-process-your-visa-application/resident-visa-wait-times

Information about processing times on the INZ website is subject to change and is not always accurate. The above web link may not even be working by the time you read this! But at the date of writing this post, INZ’s estimated timescale for SMC Resident Visa applications is 4 months.

There are also different estimated processing times for other ‘Skilled Residence’ categories, such as the Straight to Residence Visa (4 months at the date of writing) and Work to Residence Visa (12 weeks at the date of writing).

In practice, the processing time at INZ for any SMC Resident Visa application will normally vary (often considerably) depending on a number of other factors, including:

• INZ’s staff capacity and fluctuations in the demand for its service at any given time

• The complexity of the SMC visa application – for example, if INZ has concerns about the application (e.g. whether the applicant meets the SMC criteria) or there are medical and/or character issues, this will usually delay its processing

• The applicant’s nationality, as some countries take longer to provide information to INZ (e.g. security clearances) than others and/or have a higher risk profile.

When planning your SMC residence visa application, it’s important to consider the likely processing times at INZ. If you’re offshore, you’ll obviously need to factor likely processing times into your and your family’s planned relocation to New Zealand. If you’re already onshore, you may need to consider the expiry date of your current temporary visa and whether, for example, you might qualify for an ‘SMC Interim Visa’.

SMC Interim Visa

If you’ve lodged an SMC application, you may be eligible for the grant of an SMC Interim Visa, the requirements of which are set out in ‘INZ Instruction 3.10’, which stipulates that INZ may grant an SMC Interim Visa to a person who:

1. holds a temporary visa (but this does not include an interim or limited visa)

2. has applied for a Skilled Migrant Category resident visa under SR3 instructions

3. has not applied for a further temporary visa (at the time the SMC interim visa is granted)

4. has not been granted a 2021 interim visa, and

5. is in New Zealand.

Note that INZ Instruction 3.10 clarifies that people who apply for a Skilled Migrant Category resident visa under SM Instructions (which is the ‘old’/ previous skilled migrant residence category) do not meet the requirements for the grant of an SMC interim visa. Note also that INZ Instruction 3.10 does not apply to people who have applied for residence pursuant to INZ Instruction SR4 (‘Green List Straight to Residence’) or SR5 (‘Green List Work to Residence’).

Applicants need to be aware, however, that INZ Instruction 3.10 also stipulates that:

• An SMC interim visa cannot be applied for (they are granted by electronic means)

• No person is entitled to an SMC interim visa as a matter of right

• Whether or not to grant an SMC interim visa to any person is a matter for the absolute discretion of the Minister of Immigration or the relevant immigration officer.

• There is no right of appeal against a decision not to grant an SMC interim visa.

The above are just some of the important timing matters you may need to consider if looking to apply for an SMC Resident Visa, in addition to the myriad of other considerations one must consider, including their potential eligibility to apply for an SMC Resident Visa.

If you’re thinking about applying for an NZ SMC Resident Visa, get in touch to see if I can assist.