SM residency for contract workers- university researcher role

[cherieb]

Hi All,

It's been a long time since my last post.
I've been in NZ for nearly one year now and have applied for residency through the skilled migrant scheme.

I work as a researcher for the university of Auckland and am on the usual rolling contracts that we survive on, one year at a time usually.

Apparently this work is not suitable for residency.

I have a PhD in breast cancer research and I'm 32 years old but this isn't good enough for immigration.
Anyone else been in this situation and resolved it?

Thanks for your help,

Cherie

[JandM]

I don't know an answer - just wanted to say how stupid the situation is, and I hope you work it out.

[unar]

I am not in the your situation, but I am also a biologist (developmental biology), but jobless. Do you have a WPR visa? The immigration people might want to see a permanent job, though I am not sure, which is of course difficult to come by in our field.

Good luck dealing with this. I wonder if you can just apply as a skilled migrant instead.

[JandM]

I wonder if you can just apply as a skilled migrant instead.

That's what she's doing and having trouble with, I think.

[cherieb]

Thanks for all your input.

Its the most annoying situation! More annoying is I cannot apply for an amazing four year fellowship because I don't have residency- catch22.

I have now been in contact with the immigration specialist at the Uni who has just managed to get PR thorough the skilled migrant category for another post-doc in a different department.

Fingers crossed she has the letter writing powers to convince my case officer!

[JandM]

Oh, GOOD LUCK!

[phdpr2008]

Hi cherieb,

I dont know which stage your application is at now and your case officer might be satisfied that your employment meets the policy but I think the Immigration Officer is likely to decline your EOI or ITA on the basis that your employment does not meet SM7.15b of Skilled Migrant Policy.

SM7.15b states that

Employment must be ongoing and sustainable. Ongoing and sustainable employment is:

1. an offer of employment or current employment with a single employer and permanent, or indefinite, or for a stated term of at least twelve months with an option for the employee of further terms, and of which the employer is in a position to meet the terms specified; or
2. employment on a contract basis where the applicant:
* has a consistent history of contract work, and
* has a current contract for services, and
* INZ is satisfied that such contract work is likely to be sustained.

Note: When assessing whether employment is sustainable, officers may consider, but are not limited to, such factors as the residence status of the employer, the period for which the employing organisation has been established as a going concern, and the financial sustainability of the employing organisation.

If your employer can provide the officer with a letter stating that the employment will be extended/renewed for further terms once the current one expires, the officer might take this into consideration.

I hope this is of some help and I fully understand your situation and wish you all the best.

[lbxdai1]

Hi Cherie B,
I was trying to find something like this. In LTSSL, Education - University Lecturer is mentioned, while in AASL, University Lecturer and in bracket Post-Doc is mentioned. I had applied as University Lecturer () while submitting my ITA. If I receive Post-Doc in NZ, would it be helpful claiming as a Work itself and getting Residence?

[savayreon]

I am a PhD biotechnology, just started work in Otago University as researcher (breast cancer). My contract is for more than 2 years.
I had my ITA submitted before I got the job offer, and once I submitted the job offer my residence was immediately approved.
If you have those rolling contracts, do you have any inkling if a new contract is likely for you? If so, you could show that you will have continued employment, albeit on different contracts. Or indeed HR or other powers in the uni may be able to help convince INZ that your employment is contract-based, but repeatedly renewed