SMC Amber and Red Lists: when overseas experience cannot fill the New Zealand requirement

9 hours ago

3 min read

An overseas career does not automatically satisfy the experience requirements for an Amber List occupation under New Zealand's Skilled Migrant Category. For the Skilled Work Experience pathway, the three-year foundation must also be New Zealand experience, followed by two additional qualifying local years. A Red List occupation is restricted to the Points-based pathway. The colour changes the available assessment; it is not an approval rating.

Identify the occupation from the work actually performed

A company’s industry and an employee’s occupation are different things. Two people described as managers may have substantially different duties, skill requirements and responsibilities. Begin with the genuine role description, employment agreement and everyday tasks. A favourable title in a recruitment advertisement is not enough to establish the correct occupation.

Where a role combines operational and management tasks, explain the real balance. Do not add responsibilities merely to match an occupational code. An adviser’s proposed classification is an assessment to support with evidence, rather than a decision already made by Immigration New Zealand. Renaming a position does not change the work history.

Separate the three-year foundation from the additional two years

Under SR 3.35, this pathway requires at least five years overall: three years of directly relevant experience and an additional two years of skilled work in New Zealand. The same period cannot be counted in both portions. For an eligible non-Amber occupation, the foundation may be gained overseas. For an Amber occupation, it must be gained in New Zealand.

Experience component	Principal checks
Three-year foundation	Full-time, directly relevant, ANZSCO skill level 1–3 and within the ten years before the residence application; New Zealand location required for Amber occupations
Additional two years	Qualifying, directly relevant New Zealand skilled work within the four years before the residence application
Across both portions	Do not allocate the same employment period twice

Full-time foundation experience means at least 30 hours in each week worked, and self-employment cannot satisfy that foundation. Running a genuine business or earning contractor income does not automatically create qualifying employee experience. Describe the original relationship accurately before deciding whether a period can be used.

The wage multiplier is a separate requirement

The experience pathway uses a 1.2 multiplier of the SMC wage threshold for Amber occupations and 1.1 for the relevant non-Amber route. Using the current NZD 35 hourly base for arithmetic gives NZD 42 and NZD 38.50 respectively. The actual historical threshold date for an individual depends on the applicable provisions concerning experience, work visa and invitation timing.

Do not apply today's figure to every previous month or average a recent raise backwards over earlier work. A higher current salary cannot convert overseas employment into New Zealand experience. Preserve the original contracts, changes in pay and supporting income records so the location, period and remuneration can be assessed together.

A Red List restriction does not remove every SMC possibility

The formal restriction is that Red List occupations may only use the Points-based pathway. That route still has its own complete skill, employment and wage requirements. Switching the name of the intended pathway does not establish six points or a qualifying job. Similarly, being outside both lists does not waive the skill-level rules for the experience pathway.

Residence eligibility and current permission to work must also be kept separate. An offer, EOI or private assessment does not itself authorise a person to start work. Before accepting a relocation timetable, check both the actual work visa conditions and the evidence still needed for residence.

Build a dated employment record before paying for a plan

For each role, record the employer’s legal name, country, start and end dates, weekly hours, remuneration and main duties. Mark self-employment and gaps explicitly. Allocate the potentially usable periods to the foundation and additional experience without overlap, and check the look-back windows against the intended residence application date.

Recheck the official occupation entries and effective policy before applying. If a recruiter or training provider says a title guarantees residence, ask which requirements the actual evidence satisfies. Establish whether the remaining issue is classification, local experience or wages before committing to a course or job arrangement. No colour or private contract guarantees a resident visa.