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Thread: Appealing a denied work permit. Has anyone done this?

  1. #1
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    Default Appealing a denied work permit. Has anyone done this?

    Hi all,

    Well, like the Ponies, we're from the US and trying to make a go of our life here in New Zealand. I have a job offer from an acredited employer and now with the new Essential Skills Policy, immigration is still requiring ALL employers to fill out an Employer Supplementary Form which basically makes the employer have to prove that they advertised and found no residents or citizens to do the job.

    Even with my employer showing they advertised and didn't have suitable applicants (it is a town of only 8000 people, so not much of a pool to draw from or have people relocate here). Immigration STILL denied my work permit. HR challenged this and immigration came back and said, "Okay, post the job again at Work and Income for 5 days. If within those 5 days suitable applicants come forward, the employer has to interview them. If no applicants come forward, we will proceed." During that time, my employer did not get one phone call or email from Work & Income or immigration, so we assumed there literally were no applicants qualified. Yet after exactly 5 days, I got another rejection letter and my passport back saying the same thing as the first rejection, not mentioning the agreement we had. It was as if they are automatically rejecting work permits for immigrants. This is ridiculous behaviour! What more could immigration possibly want from me or my employer??? We have done everything they have required!

    Now they say I need to pay $140 to appeal their decision. My question is: has anyone out there done this

  2. #2
    Join Date
    Sep 2004
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    Wellington
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    Default

    No I don't know of anyone who has done that, but it sounds like you have a really good case!
    I feel for you being in this position and having to shell out another lot of money to fix what looks like an administrative mix up but if you don't you'll always be left wondering if it would have got you in or not.

    Another thought; Have you approached your local MP? They can be very helpful in cases like these. And if they aren't, I'd even consider the local press.

    Good luck

  3. #3
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    you could go for PR instead as the work offer will speed you through and negate the problem you are facing

  4. #4
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    Quote Originally Posted by victoria24 View Post
    you could go for PR instead as the work offer will speed you through and negate the problem you are facing
    We wanted to do that but the employer needed me asap and that is why I need the work permit. PR would definitely have done the trick if they didn't need me asap.

  5. #5
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    Hi

    I see in your signature that you have a Working Holiday Visa, why don't you work for the company with that and apply for PR?

    I started off with a WHV then I got it changed to a work permit and then finally got PR.

  6. #6
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    Quote Originally Posted by A&G View Post
    Hi

    I see in your signature that you have a Working Holiday Visa, why don't you work for the company with that and apply for PR?

    I started off with a WHV then I got it changed to a work permit and then finally got PR.
    I wish I could do that ... but the simply won't let me get a work permit. I called immigration to verify the terms of the WHV and they said you 1) cannot apply for PR with it and 2) you can only apply for a work permit because they don't convert/change WHV to work permits. Tricky business, eh?

    I just hope our experience is at least helping people be aware and also perhaps extra vigilant in the process. Yet I don't see anything that we could have done differently at this point. Someone suggested going to the MP in our area, which we will do (thanks for the advice).

  7. #7
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    But a working holiday visa allows you to work, granted not permanently but you can work on it, that's the whole point of it.

    I'm sure there are a fair few people who have applied for other visa and PR while on this visa. no, you cannot apply off the back of it but you can apply as if it were a separate application, independent of your current visa/permit. Again, others have done it this way.

  8. #8
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    Quote Originally Posted by globetrecker View Post
    2) you can only apply for a work permit because they don't convert/change WHV to work permits. Tricky business, eh?.
    Sorry what I meant was, I had a WHV then I applied for a work permit, I did not transfer it.

    Like 925dancer has said there is nothing stopping you working for the company now on your WHV, then you can pursue the option of fighting your work permit/putting in your EOI.

    Good luck

  9. #9
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    Excellent--that is what we will do: put in our EOI and go from there. At least we have some time on the WHV to get to PR. So as long as it is a separate application, we should be good to go and I can use my original job offer letter (a full time, permanent offer) for the ITA, etc. I'll just have to coordinate the offer with my HR dept. as they thought they should change my job offer to coincide with the WHV (make the job offer a fixed term offer). Hopefully they will see that I need to keep my other full time offer in order to qualify to apply for PR--and that won't cause any technical problems for the process.

    And, since we would be applying through the Skilled Migrant Category, am I correct to assume that my job offer (listed on the NZIS operations manual etc). would not have to go through all the technicalities of proving there are no citizens or resident who could do my job? (It is not on the LTSSL but listed as a viable job in the manual).
    Last edited by globetrecker; 3rd July 2009 at 06:54 AM.

  10. #10
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    yep thats right as when you get PR you will be a resident anyway so dont have to prove the demand etc!

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