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Thread: ITA questions - Is 2 year work contract sufficient to apply under SMC?

  1. #1
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    Default ITA questions - Is 2 year work contract sufficient to apply under SMC?

    Hi ,
    Thanks for running this very informative forum for prospective applicants.

    I had finished my PhD last month (got a letter from university stating that I had completed all the requirements of a PhD). The graduation ceremony will happen in May. I am now working on 2 year work contract with a research institute (with a possible extension for another year) and currently on work visa (work to residence category) . I had received ITA through email from a immigration officer from Christchurch branch asking me to submit my application to Wellington branch. My wife is also included in the application although I am not claiming any points for her.

    a) Is the officer who sent me the ITA is also the case officer or I will be assigned a case officer later?
    b) Will the letter from the university about completion of my PhD enough for claiming points as I will have the degree certificate only after graduation ceremony?
    c) Is 2 year work contract sufficient to apply under SMC?
    d) Do completing a PhD in NZ be enough for evidence of my english competency? My undergraduate and postgrad degrees are from India and are not in the list of qualifications exempted from assessment (although both of my university find a place in the list, my qualifications are missing. My OH qualification from the same university is on the list!!). I had appeared for TOEFL (108/120) for my admission to PhD in NZ. Can this be submitted as a proof.
    e) For proof of my OH english I am submitting IELTS which she took in October, 2010. Her date of examination was 9th Oct and result date was 19th Oct. If my ITA is lodged after 9th Oct but before 19th Oct , will the INZ still consider it (I am not sure how do they measure the anniversary for IELTS validity ; exam date or result date)

    Any comments appreciated
    Thanks

  2. #2
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    I studied until University in french and then did my next 4 degrees in english and cited "I have studied with an english language academic institution to a doctoral level and have subsequently worked in a professional english language industry" where it asked for evidence on the EOI. On my ITA it explicitly said that I would not need to provide evidence of my ability to understand english.

    Sorry, but I don't know any of the other answers.

  3. #3
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    a) Is the officer who sent me the ITA is also the case officer or I will be assigned a case officer later?
    Could be, but if so it would be coincidence - there's no set pattern and no way to tell.
    b) Will the letter from the university about completion of my PhD enough for claiming points as I will have the degree certificate only after graduation ceremony?
    I think it SHOULD be - it's worth trying. In any case, they could ask for further proof directly from the university if necessary.
    c) Is 2 year work contract sufficient to apply under SMC?
    By length of time, yes, it should be, but it depends if the work would count as 'skilled' in line with your skilled qualification.
    d) Do completing a PhD in NZ be enough for evidence of my english competency? My undergraduate and postgrad degrees are from India and are not in the list of qualifications exempted from assessment (although both of my university find a place in the list, my qualifications are missing. My OH qualification from the same university is on the list!!). I had appeared for TOEFL (108/120) for my admission to PhD in NZ. Can this be submitted as a proof.
    The TOEFL would not count as evidence for INZ - if they want an exam, they only recognize IELTS. But you should not need this as you've done your degree in NZ. http://www.immigration.govt.nz/opsmanual/i41495.htm Some COs have a knee-jerk reaction when they see an application of saying, 'Where is your IELTS?' so it's a good idea to have a line in the cover sheet saying how you meet the English requirement without that. Notice that if there is any doubt, a CO can require IELTS, but it's hard to see how anyone could have a doubt in your case, considering the other proof.
    e) For proof of my OH english I am submitting IELTS which she took in October, 2010. Her date of examination was 9th Oct and result date was 19th Oct. If my ITA is lodged after 9th Oct but before 19th Oct , will the INZ still consider it (I am not sure how do they measure the anniversary for IELTS validity ; exam date or result date)
    Sorry, I don't know.

  4. #4
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    EOI submitted: 2nd Sep 2012
    EOI selected: 5th Sep 2012
    ITA received (through email): 12th Sep 2012
    ITA sent : 12th Oct 2012
    ITA lodged: 17th Oct 2012

  5. #5
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    I just happen to randomly call Immigration NZ yesterday regarding any updates on my application. I was happily surprised to find that the case officer has been assigned to my case on 7th November. We didnt get any sort of communication regarding the same. I was not expecting it to be so quick considering the letter I received from INZ after lodgement said that case officer be assigned in 16 weeks.

    EOI submitted: 2nd Sep 2012
    EOI selected: 5th Sep 2012
    ITA received (through email): 12th Sep 2012
    ITA sent : 12th Oct 2012
    ITA lodged: 17th Oct 2012 (Wellington branch)
    Case officer assigned: 7th Novemeber

  6. #6
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    Oct 2012
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    pakistan
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    Which branch you are in.would liek to share london branch experinces

    EOI selected 13-06-12
    ITA RECEIVED: 19-06-12
    IQA received: 11-07-12
    Medicals: 23-07-12
    ITA submitted: 26-09-12 (with Job Offer)
    CO Assigned: 24-10-12

  7. #7
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    See the details in his signature.

  8. #8
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    Hi there,
    Just got a letter from Immigration saying that first assessment of the application have been done. It mentions that my contract is for two years and there is no option for further terms for me and hence I do not appear to meet the immigration instruction of ongoing and sustainable employment (SMC7.15.b) and hence points have been reduced to 125. I have been given 3 weeks time to respond with further information.
    It came as a complete surprise as I thought I crossed the threshold of one year required to apply for PR under SMC. There is a likelihood of another year extension for my job although it is not mentioned in the contract. With the current information CO said that application is likely to be declined. Any suggestions.

  9. #9
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    Egypt->Wellington->Auckland
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    @sga1983 i am sorry to know you have problems after the joy of having CO assigned, i hope you will get a supportive response from JandM.

  10. #10
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    There is a likelihood of another year extension for my job although it is not mentioned in the contract.
    If you can get a statement from your potential employer to say this, it could make all the difference. Notice, INZ have to tick certain boxes, so they need a piece of proof for each one. The CO isn't going to be able to take your word for this future hope - someone is going to need to put it on paper.

    This is the section the CO is referring to (my bolding). Admittedly, s/he is being rather nitpicking, because it could be said that you've got a period of work beyond the one-year minimum, but s/he's focusing on the option of further terms which is currently not proved in your paperwork.
    Employment must be ongoing and sustainable. Ongoing and sustainable employment is:
    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
    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.
    http://www.immigration.govt.nz/opsmanual/i42642.htm

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