Applying for a work visa and sponsoring my partner and children

[bblockster]

Hi All,

I am British and have been working in NZ for the last 4 months with a 6 month work visa. I love it here, so flew my family over to join me a couple of months ago. The condition of my existing visa is that I have to show my payslips, IRD statements and proof from my company that they have continued to recruit for my position. I supplied all of that with new applications recently, as well applications for my family (2 girls 4 and 6 months). They have replied saying that they do not think my companies attempts are sufficient, even though they show newspaper adverts, on-line adverts and contact with recruitment agencies. One other point is that they have now also asked to see my IRD earnings information for 2012-2013. Last year I was working for my own real estate consultancy in Eastern Europe, but not paying myself a salary. The real estate market back there was in recession and the business was not successful, hence the reason I made the drastic decision to move to the other side of the world.
How does this information affect my application? Why was I never asked this information in my initial work visa application? Is this because my family are applying to live here too?

Any advice greatly appreciated..

B..

[JandM]

Sorry to hear you're having a difficult time.

About your IRD slips from before - you'll just have to explain the lack of anything as you have done here. What doesn't exist, you can't send in. (It would probably be a good idea to explain what you lived on - they're trying to get at having a complete CV, I guess.)

I don't know why they have shifted the goalposts about the advertising of your job since your first visa. There hasn't been any change in the regulations, and there's no call in the rules for anything extra from the main applicant simply because they also have a family.

[bblockster]

Hi JandM,

thanks for the reply. I will happily now show bank statements, and my IRD slips since I have been in NZ and will tell them I do not have IRD slips from last year. Do you think they will then ask for previous years, previous employers or even the annual accounts of the business, which I have now dissolved?
Is this a reason to be rejected? My basic salary is $55k, i love my job, my employer is very happy with the increase in sales by over $500k, my family love NZ and all their paperwork was correct, so what are my chances, is this a big issue or minor one?

Kind regards

B...

[JandM]

All you can do is argue your case, and it sounds as though you'll be backed by your employer, too. Nobody can tell you exactly why you're being treated more roughly for this visa than for the previous one. (We here aren't anything official, just members of the public who've seen other people's stories passing on the threads over the years.) As you will know, it is obligatory on the employer to have run advertising before employing a foreigner http://www.immigration.govt.nz/opsmanual/45981.htm, and INZ are entitled to carry out a market check. If they want more information from him, and to do further checks themselves, it is just to be hoped that they don't find any NZers in your area who could and would do the job. http://www.immigration.govt.nz/opsmanual/45676.htm

I don't imagine they would ask for financial records from you from further in the past. If you look at the regulations, there's nothing they're supposed to know that they could get from those, I DON'T THINK. http://www.immigration.govt.nz/opsmanual/45676.htm

What work do you do, as a matter of interest? (If you don't mind saying...)

[Joellasarich]

Hi there,

I have had clients come to me in the past with similar situations. it seems that sometimes INZ will grant a visa for a short duration and then require further paperwork before the next visa is granted. As JandM has said you really need to put forward the best case possible as to why your employer has been unable to recruit suitable New Zealanders for the position. You might want to think about getting some professional advice in this situation.

[bblockster]

Hi JandM,

I work as a commercial real estate consultant specializing in retail sales and leasing. I have over 20 years experience working for several international corporations around the world. I was country director for a real estate company in Eastern Europe for 3 years overseeing 55 people, before deciding to set up my own consultancy and specialize in multi-million euro retail development projects.
Unfortunately the market took a turn for the worse as the global crisis took hold and all commercial financing ceased. During this time, I made the decision not to pay myself a salary and to re-invest all profits, living off of savings and my partners salary. With the market not looking to recover anytime soon I chose to take up my sisters (resident) long standing offer to visit her in NZ.
The market is very active here and with few experienced people in Wellington to compete with, I have managed to carve myself a large piece of the market already.

When I last spoke to immigration I was told I am not skilled, real estate agents are ten a penny, anyone can sell a house. I don't sell houses!

Joellasarich are you recommending your services? I actually went to see an immigration lawyer yesterday who seemed disappointed that I had practically completed my case, all bar this one issue.
So I decided to post on this forum instead and seek advice..
So the best case would be formally written, detailed explanation of my story? My employer put forward a very detailed letter showing where they had advertised, copies of the newspaper ads, info on the contacts at the recruitment agencies and their progress. They also described how I am currently spear heading a multi-million dollar project for the company and how revenue for the company in my division has tripled since my appointment. Apparently not enough!

B.

[JandM]

When I last spoke to immigration I was told I am not skilled, real estate agents are ten a penny, anyone can sell a house. I don't sell houses!

That's not a professional attitude. Here's hoping you soon get to deal with someone who will study your case properly.

[eternalkiwi]

As part of the market check for jobs on ANZSCO Level 4 or 5 the employer must register the vacancy with Work & Income. I am not sure where real estate sales sits on ANZSCO, but maybe this is what INZ are looking for?

[Joellasarich]

Hi bblockster,
I would be very interested in talking to you about your case, I am based in Wellington and you should be able to find me through a google search of Jo-Ella Sarich and Rainey Collins. It seems that quite a few lawyers/advisors do prefer to act for the whole application rather that a specific part, however I actually like helping with certain aspects where I think a lawyer could 'add value'.