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Residence visa holders: can you get Jobseeker Support? The two-year rule explained

8 minute readVisas & migrants

In short

To get Jobseeker Support you generally need to be a NZ citizen or hold a residence class visa, have lived continuously in New Zealand for at least 2 years since getting it, and be 'ordinarily resident'. If you have less than 2 years, you may still get extra help, and Jobseeker Support on hardship grounds. Permanent residents and refugees have their own rules.

Tools for this guide

The basic rule

Work and Income says that to get Jobseeker Support you must be a New Zealand citizen or hold a residence class visa, have lived continuously in New Zealand for at least 2 years since becoming a citizen or getting that visa, and be ordinarily resident in New Zealand. A 'residence class visa' means a resident visa or permanent resident visa.

  • Ordinarily resident generally means you are normally and lawfully in New Zealand, intend to stay and consider New Zealand home. Work and Income asks extra questions to decide this.
  • The 2 years run from when you got residence (or citizenship), not from when you first arrived on a work visa.
  • Work and Income's wording is 2 years "since becoming a citizen or getting that visa", so time on a work visa before residence does not appear to count. Confirm with Work and Income.

What you can get at different stages

Your situationWhat may be available (if you meet other criteria)
Citizen or residence class visa, ordinarily resident, and 2+ years continuous residence (or recognised refugee or protected person)Any Work and Income benefit, such as Jobseeker Support, Sole Parent Support, plus extra help.
Citizen or residence class visa, but less than 2 yearsAny 'extra help' (for example Accommodation Supplement, Disability Allowance, childcare payments). If in hardship with no other way to support yourself, a limited set of main benefits: Jobseeker Support, Youth Payment or Young Parent Payment (16-19), and Emergency Benefit.
Claiming or appealing refugee or protected person status, or recognised but no residence visa yetIf in hardship: Emergency Benefit and Temporary Additional Support.
Temporary visa holder seeking residence and needing to stay due to unforeseen circumstances (for example life-maintaining medical treatment, or a border closure or family violence making return unsafe)Discretionary and applied strictly: Emergency Benefit and Temporary Additional Support if in hardship.

Stand-down and Jobseeker rates still apply

If you qualify, the usual Jobseeker rules apply to you: the stand-down period, income limits, work obligations. Work and Income says some payments may have a stand-down period, and our stand-down tool shows how it is worked out (it depends on your income over the previous 26 or 52 weeks). Check Work and Income's stand-down page for the current rules.

For urgent costs, a Special Needs Grant has a cash asset limit of under $1,411.22 for singles and under $2,351.46 for couples or sole parents, and an income limit of $1,010.41 a week before tax for a single adult (check the current figures on the Work and Income page).

Will claiming a benefit affect residence or citizenship?

People often worry that claiming a benefit will count against them. We can't give individual immigration advice, and we found no official INZ statement that claiming a benefit you're entitled to blocks residence or citizenship. However, if you're still applying for residence (for example under the Skilled Migrant Category), INZ looks at your circumstances, including your skilled employment. Ask a licensed adviser before you decide not to claim help you are entitled to.

How to apply, and what to bring

  1. Apply online through MyMSD or call Work and Income on 0800 559 009.
  2. Have your passport and visa details, IRD number, bank details, and your last employer's details ready.
  3. Say clearly when you got residence and that you've lived in NZ continuously since.
  4. If you are told you aren't eligible, ask for the decision in writing and ask for a review of decision.
  5. Ask for an interpreter if you need one. It is free.

What to say on the phone

I'm a [resident visa / permanent resident] holder and I was made redundant on [date]. I'd like to apply for Jobseeker Support. I got residence on [date]. If I don't meet the 2 year requirement, can you check whether I qualify on hardship grounds, and for any extra help like the Accommodation Supplement? I need an interpreter in [language].

Sources

General information only. Confirm with the agency for your situation. Spotted something out of date? Email help@unemployed.nz.