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Thread: Job Requirements for converting a WTR to Residency.

  1. #1
    Join Date
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    Post Job Requirements for converting a WTR to Residency.

    Dear All,

    I have recently awarded with a WTR visa so my SMC visa deferred for 12 months and I will be in NZ in April 2013.
    On the other hand, one of my friends is applying for LTBV visa and intends to start his business in NZ as soon as he gets his LTBV visa. His case is following up by a lawyer and they consider a high chance on his application. His business is related to my skills and I am sure that his business will be stable because he already has a guaranteed ongoing contract with an large American company witch will be taken to the NZ and their business will be started from the first day. They have offered a position to me in their company I they believe that I can provide valuable services to their business in NZ.

    My question is that if he starts his business before my 9 months deadline from my arrival (for finding a job and applying for a residence visa), will I be able to get a job in his company which complies all the INZ requirements (Skilled, ongoing and full time) and ask INZ for issuing my residence visa?
    Is there anything which an officer in INZ wants to argue about it?

    Any comments will be highly appreciated.

  2. #2
    Join Date
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    Hi. It will depend whether or not your job is on the Essential Skills list. If it is, and if you meet the criteria, you should be okay. If not, he woudl have to prove that he has genuinely tried ot recruit kiwis and not succeeded. Worth checking out if he is allowed to recruit non residents by getting him to ask INZ Business Branch. The only other issue could be that it depends whether your friend wants to go to down the Entrepreneur or Entrepreneur plus route. With the second of these, he needs to create 3 new jobs "for New Zealand citizens or residents" - so you would need to be additional to this. Hope that helps! Karen

  3. #3
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    I have recently awarded with a WTR visa so my SMC visa deferred for 12 months
    Notice that there has been a name change (starting from November 2010), so that the other name for Residence under SMC, deferred, is now a Skilled Migrant Category Job Search Visa (SMC JSV), rather than 'WTR'. This may help when your friend wants to check with INZ about employing you.

  4. #4
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    Thank you Karen and JandM,
    My new Job in my friend's company will be assessed as skilled and full time regarding the eligibility requirements mentioned by my officer in her email.
    It means that we will be able to comply 2 requirements out of three.

    The Third requirement is that the job should be an Ongoing Job
    Referring to the documents, could working in a new company which has a big contract with a large company in order to provide non stop services for them be assessed as an ongoing job?
    Is there any reference to show how officers will assess the SMC-JSV to Residence applications?

    Thank you in advance.

  5. #5
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    I don't know of any publicly available documents which set out how INZ decide the issue of the job being ongoing. However, we have often heard from forum members in the past that officials investigated the business offering them a job, to get a clear idea of whether the business would be likely to remain viable so that the job would continue to be available.

  6. #6
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    I can only guess too. The Business Migration Branch will look at things like audited accounts, extent to which financial forecasts made in the past were actually met. If there is sufficient growth to make it look like the business can afford/needs a new full-time post. This is a highly technical area and although I trained in ti and passed, I have not yet been down this pathway as an adviser. I think it would be worth talking directly to the Business Migration Branch in Wellington. At a meeting in London with one of their temam, they said they were happy to discuss technical "stuff". Good luck! Karen

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