Residency without job on LTSSL

[Elmo]

Hi there

My partner and I have lived in New Zealand for 13 months now. We are currently on our second 12 month work visa and are sponsored by his employer. I work part-time in admin and we have a 4 year old daughter who is settled at pre-school.
We have recently tried to complete the EOI and were hoping to apply for residency afterwards. However, because my partner's job is not on the LTSSL we have realised that we will not have enough points to be invited to apply for residency. Also we have been told that there is no way to appeal.
We are living in Christchurch and my partner is a 'concrete pump operator'. Demand for work is extremely high, and his employer has been advertising for another 'pumpy' for over a year and has only just got someone else to work with my partner. My partner is always busy and the business is a vital part of the christchurch re-build, however, because this specific job is not listed, we appear to have no hope of ever getting residency. It is very unsettling especially when we have fallen in love with NZ and planned to stay here indefinitely.
Does anyone know if there is any other way of gaining the extra points on the EOI to enable us to submit our application and hopefully gain residency?
Any comments are much appreciated.
Many thanks
Caroline

[Benjiamino]

Hi,
I will tell you what I believe is true. Your job don't have to be on the LTSSL to apply for residence under SMC, but however it must be skilled.
See: http://www.immigration.govt.nz/opsmanual/35165.htm.
I understand you need more bonus points to apply but what you need to consider is what you have already and not what you don't have.
Well, you are currently on the 2nd year of employment and "Working Towards Residence Visa" is a good option for you if you can wait for the 2nd year to complete of course. I hope this helps.

[Elmo]

Thank you for this information, it is much appreciated.

I am still very confused about which list to use for reference. Is this not the LTSSL which you highlighted? Also, if one of us was to change occupation now, would this mean we would have to be in our new role for 2 years before applying for residency or does this past 13 months qualify as part of the 2 years?

Thanks again
Caroline

[Karen Phillips]

Hi. Appendix 6 is the official list of which occupations are skilled. However, if you go to the ANZSCO and check the level assigned to the occupation, so long as it is Level 1 - 3 inclusive you are okay - it is classed as skilled. if it's level 4, then I'm afraid you can't. I just looked up Concrete Pump Operator - it is ANZSCO 712915 and I am afraid it is level 4, so you can't apply for residence on the basis of this job. Without the offer of skilled employment, you are a bit stuck. If he were to be promoted to management or a trade that is classed as a higher level (regardless of how skilled it actually is) you would be eligible. I am sorry to be the bearer of bad tidings, but it is better to know what you are working with.

[Elmo]

Thank you for your valued comments.