Case Study: Green List Requirements
- Chantel Janse van Rensburg
- Apr 10
- 11 min read
Initial Contact & Consultation
I was recently contacted by someone who had applied for their Straight To Residence Visa (STR) with Immigration New Zealand. They reached out because they received an unnerving letter from Immigration New Zealand, raising concerns about their application: the Immigration Officer did not believe the applicant met the Green List Requirements for the role he was claiming to apply under. We discussed the applicant's circumstances so that I could get a better understanding of the problem at hand & determine what (if any) options they had to remedy the situation - this unearthed several issues with their self-represented case.
The Importance & Value Of Licensed Immigration Advice
The first thing that raised alarm bells for me, was when the client disclosed having taken advice from the Immigration New Zealand call centre staff in relation to their application. They had explained their job duties to the staff member over the phone, seeking clarification on which ANZSCO code this would be classified under - this was the code they thereafter applied for their Straight To Residence Visa with.
There are 2 problems with this part of the scenario:
While the Immigration New Zealand contact centre staff can provide information at no cost to you whatsoever, that same information can also be found on the Immigration New Zealand website. Yes, a phone call with a straight answer is definitely easier to deal with than having to sift through countless pages on the website, reading through large chunks of irrelevant information before you might find the information you're looking for. However, this information is free for a reason - it is generic. It is meant to serve as a starting point to inform thousands of people in different situations of the same basic surface level information. It makes immigration policies (rules) easier to understand, but it's up to the individual applicants to determine whether those rules apply to them or not. There are instances when confirming your understanding of information with the call centre staff can prove to be extremely valuable, but in most instances you are receiving a response containing only general information. The role of a licensed immigration adviser on the contrary, is to give personalised advice tailored to your unique circumstances. It's my job to ensure the "if's" and "but's" of eligibility don't turn your immigration dream into an immigration nightmare!
Being a qualified & licensed immigration adviser has many advantages - one that is particularly useful in the context of giving immigration advice, is having been trained on proper questioning techniques. One can only hope to clearly understand a situation by unravelling the details. During this applicant's call, they likely asked a question along the lines of "I do X, Y & Z at work. What is my ANZCO code?" & the call taker would likely have answered something like "This sounds like ABC!". Nowhere in this conversation did they confirm that the client met the requirements under that ANZSCO code or those listed under it's Green List Requirements. ANZSCO not only details the responsibilities commonly associated with a particular role, but also outlines the qualifications, experience or licensing that is expected to be held by a person performing those duties. The Green List Requirements on the other hand are more specific criteria that deems the applicant worthy of a fast-tracked residence pathway. Had the applicant been questioned about their background, it would have brought to light that although they met ANZSCO's definition, they did not meet the Green List Requirements to ultimately apply for a Straight To Residence Visa using that ANZSCO code. I make sure that the nuance of immigration instructions (rules) are correctly applied to the situation at hand, by analysing the details of your case - even the parts you didn't think would be important!
ANZSCO & Your Residence Pathway
The applicant was able to confirm that the call centre staff had correctly identified their ANZSCO code. They believed it was correct, because they compared the information they found on ANZSCO with what they do daily & considered it to be a perfect match.
Even at this stage, there could be another problem - does their Job Description (the evidential document they submitted to Immigration New Zealand to be assessed against the criteria) actually list everything they actually do? Often we'll see applicants do way more than what was initially listed in their Job Profile & this can cause problems down the line, especially when the visa you are applying for is based specifically on the ANZSCO role that those duties are meant to align with. In such cases, we recommend that an applicant meet with their employer to discuss their responsibilities & revise their Job Description to accurately reflect this.
Another honourable mention - the ANZCO code your job is equivalent to, is not determined by your Job Title, but rather by your Job Description. You might be called a "Store Manager", but your duties could align more closely with that of a "Retail Supervisor" as opposed to "Retail Manager". Another benefit of being a licensed immigration adviser is having been trained how to analyse the tasks in a migrant worker's Job Profile to accurately pinpoint their ANZSCO equivalent. This is admittedly a difficult task when ANZSCO is based on Australian jobs, so we're excited about the staged release of NOL that will finally define work in a New Zealand context!
ANZSCO is used in various parts of the visa criteria, it goes much deeper than just determining your role equivalence.
In the Accredited Employer Work Visa (AEWV) & Skilled Migrant Category (SMC) Resident Visa, it helps to determine when an applicant is considered to be "suitably qualified".
In the Job Check to to be associated with an Accredited Employer Work Visa it provides guidelines on what employers may reasonably consider a requirement for the role they want to advertise.
ANZSCO is, however, a completely separate concept from the Green List Requirements!
Green List Requirements - Where The Sh*t Strikes The Fan
The penultimate problem in this applicant's case was that they did not meet the Green List Requirements, despite having applied under the correct ANZSCO code (according to their opinion - this was not verified during the consultation). The applicant in this case study was required to hold one of either various Degrees, a particular Diploma or a specific occupational registration/licence. The problem was that they used their many years of work experience to substitute the relevant qualification in their Accredited Employer Work Visa (suitably qualified criteria as defined by ANZSCO). In addition to this, they held a completely different type of occupational registration/licence that, although it was relevant to their role & required for them to perform their duties, was not the one they needed in order to meet the Green List Requirements. In this particular case study, it could be that the applicant completely missed the Green List Requirements altogether. In most other cases, it's because an applicant misinterprets it.
What are these Green List Requirements?
They are additional criteria that are unique to each Green List Role. One role may be required to hold a certain qualification, another may be required to earn a specific wage. Sometimes a role can require an applicant to have a particular number of years' experience.
These criteria are what make Green List Roles special. Immigration New Zealand has determined that these are things that we have a severe shortage or high demand of & that attracting skilled migrants who meet these will fill high value gaps in our workforce - so much so that they are afforded the privilege of a faster, prioritised residence pathway. Someone who would e.g. need to work for 3 years before applying for a Skilled Migrant Category Resident Visa, can now qualify immediately under the Straight To Residence Visa because they will fill an in-demand Tier 1 Green List Role.
They are extremely precise & you must meet the Green List Requirements exactly! This is the part that catches most applicants - a very costly mistake that could be avoided by consulting with a licensed immigration adviser. When the Green List Requirement is for a "Certificate in Telecommunications (Level 3)" & you hold a "Certificate in Telecommunications (Level 4)", you don't meet the criteria, regardless of whether it is similar but higher. When the Green List Requirement is for a "Bachelor of Engineering Technology (Civil Engineering)" & you hold a "Bachelor of Engineering Technology (Mechanical Engineering)", you don't meet the criteria, even if they sound the same.
Sometimes there is even some additional nuance that isn't expressly outlined on the public-facing Immigration New Zealand website e.g. how Immigration New Zealand determines your hourly wage. You might consider that you are earning $80 p/h because you work shifts & get paid a shift rate or get paid an on-call allowance, but your base salary is actually only $52 p/h. Where a Green List Requirement is for an wage of $62 p/h, you'll be incorrect to consider yourself eligible under these circumstances. It can feel extremely unfair that something like this could lead you down the path to a decline, but the truth is that the finer details of things or the definition of particular words in policy is unfortunately best described in the Immigration New Zealand Operational Manual (the rulebook used by licensed immigration advisers that contains immigration instructions/rules that correspond with the legislation/law). The Ops Man is definitely a publicly accessible resource, but it is extremely difficult to navigate without proper training - some instructions are found in places that don't make sense for them to be classified under, others may sound contradictory or have bits that relate to them in other portions. In some cases, there is no clear definition which means your licensed immigration will turn to other resources like precedent tribunal (immigration court) cases to help clarify things, similar to how a lawyer will use precedent cases to argue theirs.
Now What??
The terminal issue here is not only that the applicant came to the devastating realisation that they have just wasted $6,450 on a futile visa application, but also that they may not even be eligible for different residence pathway in the end. This was unfortunately the case for the applicant in this case study. Though their ANZSCO code would allow them to apply under the Skilled Migrant Category (just like the Straight To Residence), they would not meet the other criteria that would make them eligible at this time (just like the Straight To Residence also). Instead of Green List Requirements, they would need to gather 6 points to apply under the Skilled Migrant Category. These 6 points can consist of a maximum of 3 points in one of three categories & can then be topped up with a maximum of 3 points from skilled work experience in New Zealand (10/04/2026).
Assessing the applicant's eligibility lead to the following conclusions:
Qualifications - they had none.
Income - they did not earn at least 1.5x median wage.
Registration - they did hold an occupational registration could be worth 3 points, but this was still a provisional licence instead of a full licence.
Skilled Work Experience - they did not yet have 3 years of skilled work experience & on top of that, their work experience did not align substantially with the field in which they held their occupational registration (even though it was relevant & necessary for their work).
They were not currently eligible to apply for a Skilled Migrant Category Resident Visa & the time it would take them to become eligible, would surpass the age at which they are cut-off from residence eligibility. Furthermore, they simply did not wish to change employment after a tenured employment at a reputable international company in a role they thoroughly enjoyed.
First & foremost, losing $6,450 is in itself a massive, financially devastating & emotionally harrowing experience. Many applicants choose to self-represent (DIY) their visa applications purely based on the fact that they believe they cannot afford professional support. While I cannot speak for all licensed immigration advisers, only for myself, I can assure you - the cost of professional guidance is exponentially less expensive than finding yourself at the wrong end of a declined visa.
Here's a few key things to note when it comes to the cost of immigration advice:
A consultation is infinitely more affordable than a declined application! While the price of a consultation can vary between licensed immigration advisers (e.g. NZD $99 - NZD $600), it will most definitely save you money. Getting advice early on in your process, helps you plan your residence pathway smoothly & highlights any potential concerns well in advance. Even if you believe you are confident in your eligibility, it will never be a waste of money to double check this with a qualified professional. Consultations are obligation-free too. It's obvious that the adviser in question will use this as a tool to prove their expertise (or sometimes even scare you) to hopefully encourage you to hire them, but that does not take away from the fact that you can walk away with the piece of mind knowing you can apply for something you are actually eligible for. Of course, this does not guarantee a good outcome purely because eligibility alone does not equal approval. Success is just as much influenced by the quality of your evidence & your ability to advocate your eligibility through your application (a cover letter is useful here). The bottom line is that compared to the loss of $6,450, a consultation of $100 is well worth it!
Prior declines will often be a big factor when a licensed immigration adviser determines their fee for representation because they represent a complex case. When we are engaged after a decline, we don't simply re-lodge your visa application. We have to go back to square one - were you eligible to apply in the first place? After we establish your eligibility in a consultation, we'll determine the next step - do we apply for the same visa again or do you need to apply for a different visa instead? Once we've determined your options, we will let you know what evidence we believe will be the most suitable to prove your case with a document checklist tailored to situation - we can't ask an unemployed person for payslips, so we need to think outside of the box to pin down which documents will be best for your unique circumstances. Then we will review each & every document with great attention to detail to find mistakes or potential concerns & give personalised feedback. In many of these cases, we need to unavoidably explain your situation to the Immigration Officer - this decline was not for any nefarious reasons, but rather due to a simple misunderstanding. We will use our skills & knowledge to advocate why & how you are eligible, as well as how each individual piece of evidence proves that. That's a lot of work & rightfully so, the price will be (reasonably) higher!
The actual cost of a declined visa is far more devastating than just the $6,450 you've lost. You need to account for the cost of a second application (if you are eligible to apply again under the same or a different category). You need to account for the potential use of a licensed immigration adviser to improve your second application (at a higher cost than what it initially would have been, due to the above point). Lastly & potentially the highest cost of all - your residence pathway. Someone might find themselves in a position where, if they don't apply today before the median wage increases, they might never be eligible again in the future. Another person may apply just before their 56th birthday, but by the time their application is declined, they will be too old to ever apply again. The worst loss isn't financial, it's emotional - knowing that this was your last chance to achieve your dream, only for the opportunity to be rug-pulled from beneath you!
The Takeaway
The Green List Requirements are very specific criteria that must be met exactly - Not less, not more. Not similar, but same.
Small details can throw you off course & derail your entire process (and future).
Immigration advice is invaluable & free advice is generic or often only half-truths.
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