Is this a wrong plan under the SMC Job Search Visa?

[neocool77]

I am looking for a job in NZ alone.
I am planning that my family come to NZ after getting a job offer.
Beause I thought my deffered resident visa will approved if I secure the job for more than three months.

But one person around me said that it is better for my family to come to NZ after approval of a resident visa
because it may take more than several months if I work for more than three months. She is on the very different path with me.
( She studied cookery in NZ and is working here, from a student visa fo a work visa)
Most people around me dosen't know about SMC Job Search Visa well.
So I visited a immigration advisor once, I heard that it would be easy to get a resident visa if I only get a job in IT field.
As I understand from posts in this forum, it will not take long time that my deffered visa will be approved if I secure the IT job for more than 3 months.

Anyway, I would like to get advice from you guys.

Is it okay for my family to come to NZ after getting a job offer?

[angelacielo]

Hi neocool77,

Considering that only the principal applicant is offered the JSV, if you bring your family to NZ once you get the job offer, you will need to apply for another visa for your family since you have not gotten your resident visa yet (i.e. tourist visa for your spouse, student visa if you want your kids to continue their studies here).

Besides, the approval of that deferred resident visa still depends on the evidences you have provided for your skilled employment. Do consider that there is a processing time between the completion of your 3rd month on your skilled employment and for officer to evaluate and assess the evidences you have presented.

And yes, if your past work experience is in IT, and your qualification is in IT, then your job in NZ must be in IT.
You may read up on the requirements for "Skilled Employment" in the OpManual
http://www.immigration.govt.nz/opsmanual/42642.htm

Bottom line, I agree with that one person and suggest that you bring your family over once you get your resident visa for these reasons (1) you may not need to apply for another type of visa for them if your SMC resident visa has been approved and they are included in your application (2) getting a job offer does not necessarily mean that your deferred resident visa will be approved after 3months in your job, you still have to provide evidence that that job is a "skilled employment" and then consider that there is processing time for those evidences to be assessed (I believe this should not take months, but it's not instant you know, consider how fast/slow your application has progressed so far and take that as a gauge).

Then again, this is all entirely up to you. You would understand your family's situation best I hope everything goes well for you.

Cheers!

[JandM]

I mostly agree with angelacielo.

Your wife and children would not be easily granted visitor visas while you are on a SMC JSV - in fact, it would be more difficult for them than for ordinary visitors, since it would look to the authorities as though they were trying to bend the rule that SMC JSV is for the principle applicant alone. As soon as you have Residence, so do they (assuming they are on your original application) - just wait the time it takes for the formalities of stickers in the passports, and they can join you without difficulty.

When once you have a job offer, however, you do not have to wait three months before notifying INZ, and therefore getting Residence. As soon as you get your formal job offer with contract (of a skilled job in the skill you proved in your application, of course), you can send this to the INZ office. The process then is not a long one - many people have their Residence visa within two or three weeks.

If you are showing your job offer when you have not worked as long as three months, the Residence visa placed in your passport has a Section 49(1) condition on it, stating you must work in the job offered for three months. This is still full Residence, and still gets your wife and family their Residence stickers, too. When you show that you have worked the three months, you all have new Residence stickers without any conditions at all. (If you worked for three months, THEN showed INZ, in that case you would all get unconditional Residence straight away.) Here is the INZ operational manual stating this. http://www.immigration.govt.nz/opsmanual/30614.htm

[neocool77]

I am a mother of 2 kids.  They are 3 year-old and 1 year-old now. And we are from one of visa waiver countries. So I didn’t think about another visa for them.
Of course, I want to find the best way to settle in NZ without any trouble.
(But, I am still dreaming about being with my kids and husband soon. )

If you are showing your job offer when you have not worked as long as three months, the Residence visa placed in your passport has a Section 49(1) condition on it, stating you must work in the job offered for three months. This is still full Residence, and still gets your wife and family their Residence stickers, too. When you show that you have worked the three months, you all have new Residence stickers without any conditions at all. (If you worked for three months, THEN showed INZ, in that case you would all get unconditional Residence straight away.) Here is the INZ operational manual stating this. http://www.immigration.govt.nz/opsmanual/30614.htm

- Despite we are from a visa waiver country, would my family be refused entry into NZ?
- I am wondering whether I could get a resident with a Section 49(1) condition before starting working or after starting working.
- If the INZ gives me a resident visa with a section 49(1) condition, does it mean that the INZ decided that I obtained skilled employment in the IT?

Thanks!

[JandM]

Oh, sorry - the name 'neocool' didn't give a clue to your gender!

Despite we are from a visa waiver country, would my family be refused entry into NZ?

They might be stopped by Immigration at the airport, if they picked up that you are already in the country on SMC JSV. There could be stringent questioning about your husband's plans to leave the country again, which is a basic of being on a visitor's visa. If they doubted that he intended to leave again, they could put the family straight back on a plane.

I am wondering whether I could get a resident with a Section 49(1) condition before starting working or after starting working.

See the link. http://www.immigration.govt.nz/opsmanual/30614.htm It says you can go to them with an offer of skilled employment - which means, when you have the formal offer letter and contract. Whether the actual visa would come through before or after you've started the job would depend on how soon the employer wants you to start, and how quickly things are running at INZ at that time.

If the INZ gives me a resident visa with a section 49(1) condition, does it mean that the INZ decided that I obtained skilled employment in the IT?

Again, see the link. They won't give you Residence UNLESS they're satisfied that you have the offer of a skilled job in the skill you've proved - in your case, IT.

[angelacielo]

JandM,
thanks for that link and the clarification. I, myself, am on SMC JSV, got my job offer a couple of weeks back and I have just started working recently. It has always been my plan to submit the evidence of skilled employment to INZ asap and not wait until I have worked for 3months so I contacted my CO in Shanghai, and this was her reply.

Please be advised that if you have received an offer of skilled employment and have remained in that employment for more than three months, you may visit your nearest onshore office to submit your evidence of skilled employment

That may have stopped me from submitting my documents til towards the end of the 3rd month. But having read your post and the Ops manual again, I think I better call INZ and just submit my docs quickly, it'd be better to have it processed asap, and I don't mind having that Resident visa with conditions

thanks once again.

neocool,
the job offer usually states your start date, and from what I gather, most employers would like you to start asap. It should only take about 2weeks to a maximum of a month probably for you to start once you have accepted the offer, you just have to go through some pre-employment checks and it doesn't take that long. so I suppose before or after starting on the job doesn't really make much of a difference. You could even use that time between receiving your job offer to actually starting work to sort out your resident Visa

[JandM]

What your CO in Shanghai said USED TO BE the case - she was working on the old rules. Fortunately, you don't have to refer back to your original CO, or argue about it, to get your deferred Residence, as it comes under the local INZ office, in NZ.

[angelacielo]

What your CO in Shanghai said USED TO BE the case - she was working on the old rules. Fortunately, you don't have to refer back to your original CO, or argue about it, to get your deferred Residence, as it comes under the local INZ office, in NZ.

Fortunately indeed. I kind of felt like I should have contacted the local INZ office instead when I read that reply. thanks again.
cheers!

[angelacielo]

Hi neocool77,
I just want to update you that I got my resident visa approved in less than a month after I submitted the evidence of skilled employment in May. I do not know the visa conditions yet, but online status already indicates approved.

I noticed that your location is Auckland, so did you bring your family along? I hope you get your residency approved too, cheers!

[neocool77]

Hi Angelacielo,

I have just check your reply.
Congratulations!!!!!

I am still waiting for the reply or updated status from immigration.