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Thread: Work to Residence vs Essential Skills Work Instructions

  1. #1
    Join Date
    Dec 2010
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    Default Work to Residence vs Essential Skills Work Instructions

    Hi all. I have been reading a lot (here and INZ) and have a couple of questions.

    My partner and I are planning to move to NZ in August this year (from the UK). We are both young (<25) and want to go for one or two years and see what its like. We haven't excluded the possibility of staying, so don't want to remove options or potentially make things harder in the long term (to stay). However I do want to minimise up front costs.

    She has a job offer for one year (medical doctor) with form INZ1113. We are hopeful if all goes well this could be extended for another year. This is on the Long Term Skill Shortage List and is ANZCO Level 1.

    I am planning on going as a de-facto spouse (can do the paperwork) and would hope I have work within the year. I have seen form INZ146 and plan on doing INZ 1015 with the "Family Stream" option selected.

    My main question is what visa she should go under, as I understand she could do either "Work to Residence Instructions" (WTR) or "Essential Skills Work Instructions" (ESWI). I am unsure of all the differences (or other options), but I understand:
    • WTR is quicker but harder to get
    • WTR is more expensive for the actual visa (155 vs 115)
    • WTR may require contract greater than 12 months?
    • WTR may require medicals as intention would be to be over 1 year (even though initial contract is only 1 year) and they are expensive

    I have not fully understood what WTR would give you over ESWI. My current thinking is we have two main options:
    1. Go for the WTR, and probably have to get medicals (expensive) before we go as this implies being in NZ over a year. This would then give us better options in two years if we wanted to stay (and get PR etc).
    2. Go for the Essential Skills Work Instruction, intention to stay for a year, and then can extend (and get appropriate medicals) when in NZ. Cheaper to start with, and only commit to medicals etc when we know we will stay longer. But the visa may not help our case for staying > 2 years.

    But I would welcome any opinions or factual corrections about my understanding from you knowledgeable bunch :-)

    Many thanks in advance.

  2. #2
    Join Date
    May 2007
    Posts
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    Default

    Quote Originally Posted by phrozenpenguin View Post
    ...
    My main question is what visa she should go under, as I understand she could do either "Work to Residence Instructions" (WTR) or "Essential Skills Work Instructions" (ESWI). I am unsure of all the differences (or other options), but I understand:
    • WTR is quicker but harder to get
    • WTR is more expensive for the actual visa (155 vs 115)
    • WTR may require contract greater than 12 months?
    • WTR may require medicals as intention would be to be over 1 year (even though initial contract is only 1 year) and they are expensive

    I have not fully understood what WTR would give you over ESWI. My current thinking is we have two main options:
    1. Go for the WTR, and probably have to get medicals (expensive) before we go as this implies being in NZ over a year. This would then give us better options in two years if we wanted to stay (and get PR etc).
    2. Go for the Essential Skills Work Instruction, intention to stay for a year, and then can extend (and get appropriate medicals) when in NZ. Cheaper to start with, and only commit to medicals etc when we know we will stay longer. But the visa may not help our case for staying > 2 years.

    But I would welcome any opinions or factual corrections about my understanding from you knowledgeable bunch :-)

    Many thanks in advance.
    If you want the cheapest up front costs then ESWI for 12 months would be the cheapest option as you don't need a medical.

    To apply for WTR the job must be full time and at least 24 months, so doesn't look like this would be an option anyway.

    WTR does require medicals as it will be for 30 months. ESWI will only need medicals if you apply for more than 12 months or renew it.

    WTR is really intended for those that don't have enough points to apply for residence.

    Ian

  3. #3
    Join Date
    Dec 2010
    Location
    UK > NZ
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    Default

    Thanks.

    How easy is it to renew/extend and ESWI - and is there a special fee structure?

    Does the WTR have to be for 24 months? I spoke to INZ (London) and they said 12 should be fine if you can explain the contract might be extended (as I understood it).

    I need to read more about the points system, but if we wanted to stay should it be straightforward to go from ESWI - PR? I did a quick points check and we should get 225 points and 195 points. I guess the real question is are we limiting future options by doing an ESWI?

    Would the ESWI procedure be through the Skilled Migrant Category - i.e. EOI/Draw/Invitation/Assessment etc?

    I realise there are a lot of questions but I appreciate any help and I am reading as much as I can on INZ as well!

  4. #4
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    May 2007
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    Quote Originally Posted by phrozenpenguin View Post
    Thanks.

    How easy is it to renew/extend and ESWI - and is there a special fee structure?

    Does the WTR have to be for 24 months? I spoke to INZ (London) and they said 12 should be fine if you can explain the contract might be extended (as I understood it).

    I need to read more about the points system, but if we wanted to stay should it be straightforward to go from ESWI - PR? I did a quick points check and we should get 225 points and 195 points. I guess the real question is are we limiting future options by doing an ESWI?

    Would the ESWI procedure be through the Skilled Migrant Category - i.e. EOI/Draw/Invitation/Assessment etc?

    I realise there are a lot of questions but I appreciate any help and I am reading as much as I can on INZ as well!
    Due to your needed skills, I wouldn't expect any problems with renewing the ESWI. No idea of fee structures but assume it would be the same again except of course needing a medical this time.

    According to the immigration website, the WTR is for 24 months so need medical, but I could certainly see that INZ would allow the 12 month contract in this case - as you need WTR for at least 24 months to apply for residence, this bit won't change i.e. it is 30 months to allow you to apply for residence at the end of 24 months.

    As you say you will have more than enough points to go straight for PR at the end of ESWI should you decide to stay. Already having an ESWI won't affect this i.e. if you have enough points then you will be selected.

    The ESWI does NOT go through the EOI etc, it is a separate process.

    Please note that applying for PR within NZ can take around 12 months (see each branch current processing times for accurate information) and thus it is unlikely that you would be granted PR at the end of your ESWI so would need to obtain another visa in the interim (or leave NZ till approved).

    Also note that officially you must take new medicals for PR i.e. can't use ones submitted against another visa (although they do appear to make exceptions). The reverse isn't true i.e. if you were to submit a PR with medicals you would then be able to use these medicals against another visa.

    This all of course assumes that procedures don't change in the meantime, would discuss your situation with immigration to confirm the exact procedure.

    Ian

  5. #5
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    Dec 2010
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    Ian, thanks for the helpful reply. Worth knowing the details about medicals and using them against different Visa's (or not).

    Reading back through my question was not so clear. I understand we can apply for EWSI without doing the EOI etc, and we have looked at all the appropriate forms. I am trying to understand the situation in ~2 years time if we want to obtain PR, and have spent 2 years on EWSI (1 year and then another year with a job contract extension). Would this application then be through EOI etc?

  6. #6
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    Quote Originally Posted by phrozenpenguin View Post
    ...
    I am trying to understand the situation in ~2 years time if we want to obtain PR, and have spent 2 years on EWSI (1 year and then another year with a job contract extension). Would this application then be through EOI etc?
    Yes, you would have to do the full PR application.

    If you went the WTR route then the PR application is simplified but you would still need new medicals (AFAIK it is a quicker application process).

    BTW, have you checked out the recent changes to the WTR process where if you earn more than NZ$90K on a WTR you can go straight to permanent residence (after 2 years) without having to wait a further 2 years.

    Also are you considering health benefits in NZ, on a one year visa you (and the family) are not entitled to any health benefits, whilst on a two year visa you are.

    Ian

  7. #7
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    Ian, wow, prompt reply - thanks again. No I did not know about either of the salary - permanent residence or two year health benefits and both look important. Off to the INZ website to check it out!

  8. #8
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    Following up, from what I could see online, the $90k -> PR "thing" is just for "Talent (Accredited Employers) Work category" - which we would not be under. We would be on a WTR "long term skill shortage" list option.
    If I am looking in the wrong place do please correct me...

  9. #9
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    May 2007
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    Quote Originally Posted by phrozenpenguin View Post
    Following up, from what I could see online, the $90k -> PR "thing" is just for "Talent (Accredited Employers) Work category" - which we would not be under. We would be on a WTR "long term skill shortage" list option.
    If I am looking in the wrong place do please correct me...
    You are looking in the right place and I can see that there could be some confusion here.

    The new WTR categories (that you want to apply under) didn't exist prior to the new legislation i.e. previously there was only the Accredited Employers category (if we ignore the other unrelated categories). So the information may be based on this fact, or it may be specific to it?

    You could check the legislation directly, or contact Immigration to check.

    Alternatively, you could just go for the specified WTR (Accredited Employers) category i.e. AFAIK most health care providers are already accredited employers.

    It certainyl doesn't make sense to me that they would allow this 'short-cut' for accredited employers but not for ltss?

    Ian

  10. #10
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    Ian, do you have any more information regarding:
    Also are you considering health benefits in NZ, on a one year visa you (and the family) are not entitled to any health benefits, whilst on a two year visa you are.
    I spoke to INZ again, and this person said that for WTR you NEED a contract of at least 24 months. No exceptions. Which somewhat limits our options :-(

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