최근에 일부 사립학교 등에서 석사나 박사 학위를 뉴질랜드에서 취득하면 잡오퍼(취업) 없이 영주권을 받을 수 있다는 광고 또는 이민 설명회를 하고 있기에 주의를 당부 드리고자 글 올립니다.
이민성의 공식 발표 내용은 다음과 같습니다.
1. 뉴질랜드에서 석사나 박사 과정을 공부하고 학위를 취득하고;
2. 영주권 신청에 필요한 160점을 확보하고;
3. 이민에 필요한 영어 점수를 확보한 사람 중에서;
4. 만 56세 이하인 사람이;
3. 신체검사와 신원조회에 문제가 없을 경우;
4. 인버테이션 레터와 함께 잡서치비자를 9개월 (뉴질랜드 거주 중 인 사람) 또는 12개월 (뉴질랜드 이외의 국가에 거주 중인 사람) 부여한 후;
5. 그 기간 냉에 이민성에서 규정한 기술레벨과 임금 기준을 충족 시킨 경우에 영주권을 부여할 수 있다.
(*참조: https://www.immigration.govt.nz/about-us/media-centre/news-notifications/smc-and-essential-skills-policy-details/skilled-migrant-details)
Can my application under the SMC be approved if I do not have skilled employment in New Zealand?
To be approved residence, an applicant needs to have either skilled employment in New Zealand (or an offer of skilled employment), or a Master’s degree or Doctorate gained after two years of study in New Zealand.
If you are assessed as having sufficient points to meet the selection threshold, and you meet health, character and English language requirements, but do not have skilled employment in New Zealand (or a Master’s degree or Doctorate gained after two years of study in New Zealand), we will defer the decision on your application and invite you to apply for a job search visa. This job search visa will allow you to look for skilled employment in New Zealand. The decision on your residence application will be deferred while you look for skilled employment.
How long can I be in New Zealand on the job search visa?
If you meet the requirements of the job search visa policy and are already in New Zealand, you will be granted a job search visa valid for 9 months.
If you meet the requirements of the job search visa policy and you are outside New Zealand you will be granted a job search visa valid for 12 months.
다음은 이민성의 Operational Manual (https://www.immigration.govt.nz/opsmanual/)에서 발췌한 관련 규정 입니다.
SM3.15 Approving an application
a. An application under the Skilled Migrant Category will be approved if an immigration officer is satisfied that:
i.the principal applicant and family members included in the application meet health and character and English language requirements as required; and
ii.the principal applicant qualifies for the points for employability and capacity building factors on the basis of which their Expression of Interest (EOI) was selected from the Pool; and
iii.the principal applicant is less than 56 years of age on the date their application is made; and
iv.the principal applicant:
o has current skilled employment in New Zealand or an offer of ongoing skilled employment in New Zealand; or
o has undertaken full-time study for at least two years in New Zealand that has resulted in the award of a Doctorate or Master’s degree.
b. Despite SM3.15(a)(ii) above, if a principal applicant does not qualify for the points for employability and capacity building factors on the basis of which their EOI was selected from the Pool, an immigration officer may, on a case by case basis, determine that the application may nevertheless be approved, where:
i.the principal applicant has satisfied the immigration officer that there was a reasonable basis for making the claim for points in the EOI; and
ii.the principal applicant qualifies for the points for employability and capacity building factors on the basis of which a subsequent selection was made, within the period that their EOI would have been current.
Note: Where SM3.15 (b) applies, officers may defer a decision on the application until such time as an EOI's currency (had it remained in the Skilled Migrant Category Pool) expires (see SM2.1.10).
SM3.20 Deferral of a decision on the resident visa application
a. The decision on a Skilled Migrant Category application will be deferred and, subject to meeting the requirements of WR5 Skilled Migrant Category Job Search Instructions, the principal applicant will be eligible for the grant of a work visa to allow them to obtain an offer of skilled employment in New Zealand if they:
i.do not qualify for points for an offer of skilled employment or current skilled employment in New Zealand; and
ii.have not undertaken two or more years of full-time study in New Zealand that has resulted in the award of a Doctorate or Master’s degree; and
iii.meet all other requirements for approval.
b. If SM3.20 (a) above applies, the principal applicant may apply for a work visa under WR5 Skilled Migrant Category Job Search Instructions for the purpose of obtaining skilled employment in New Zealand and that application must be made within three months of the date of advice from INZ inviting them to apply for that work visa.
c. An application for a Skilled Migrant Category resident visa will be declined if SM3.20 (a) above applies and the principal applicant:
i.does not apply for a work visa under WR5 Skilled Migrant Category Job Search Instructions within three months of being invited to do so by INZ; or
ii.applies for a work visa under WR5 Skilled Migrant Category Job Search Instructions and does not meet the requirements for the grant of a work visa under those instructions.
SM3.20.1 Duration of deferral period
a. Principal applicants who are in New Zealand will have the decision on their Skilled Migrant Category application deferred for a period of nine months from the date their work visa is granted under WR5 Skilled Migrant Category Job Search Instructions.
b. Principal applicants who are outside New Zealand will have the decision on their Skilled Migrant Category application deferred for a period of 12 months from the date their work visa is granted under WR5 Skilled Migrant Category Job Search Instructions.
SM3.20.5 Completing a resident visa application during the deferral period
a. If an immigration officer is satisfied that a principal applicant has obtained an offer of ongoing skilled employment (see SM6) in New Zealand during the deferral period, their application for a resident visa under the Skilled Migrant Category may be approved, provided all other requirements are met; and
i.a resident visa subject to the conditions set out at SM11 will be granted if the principal applicant has been working in that skilled employment for less than three months; or
ii.a resident visa not subject to conditions will be granted if the principal applicant has been working in that skilled employment for three months or more.
b. If, on the expiry of the deferral period, a principal applicant has not provided evidence that satisfies an immigration officer that they have obtained an offer of ongoing skilled employment in New Zealand, the application for a resident visa under the Skilled Migrant Category will be declined.
뉴질랜드 이민 신청에 필요한 점수는
https://www.immigration.govt.nz/new-zealand-visas/apply-for-a-visa/tools-and-information/tools/points-indicator-smc-28aug 에서 확인이 가능 합니다.
석박사 과정을 공부하는 동안에 자녀들의 초중고 공립학교 학비 무료와 배우자에게 오픈 워크 비자를 제공하여 경제적인 부담을 경감시켜 주는 등 장점이 많이 있지만, 무조건 석박사 학위를 취득하면 영주권을 준다는 것은 이민성의 방침에 위배되니 신중하실 필요가 있을 것 입니다.
이상으로 석사 또는 박사 과정 학위를 뉴질랜드에서 취득한 사람들에게 주는 혜택과 이민 규정에 대하여 이민성 웹사이트에서 제공하는 사실을 바탕으로 살펴 보았습니다. 보다 정확한 내용은 이민성이나 이민법무사, 변호사에게 문의하시기 바랍니다.
끝으로, 학사, 준석사, 석사 과정을 공부하면서 패밀리 서포트를 받기를 원하시는 분이 계시면 윈텍대학을 적극 추천 드리며, 많은 도움 부탁 드립니다.
에드워드 박 드림
Edward Park
International Market Director (South Korea, Japan & NZ Onshore)
International Centre
Waikato Institute of Technology (Wintec)