Decision received - I need 5 more points for PR!

[newApplicant]

Hi There,

I would appreciate if anyone can guide me in this. I applied for residency and this is the decision I have received from CO which is almost final.

<<
6. With 130 points, your application does not meet the selection criteria at the time of selection of your Expression of Interest (7/8/2013) until its expiry on 1/2/2014. The minimum criteria on 27/11/2013 and 30/10/2013 requires a points total of 135 or more but less than 140 points and 15 bonus points in work experience in the area of absolute skills shortage.
7. As you may not meet the selection criteria, your application may be declined.
We have not made a decision on your application at this stage. We invite you to make comments or provide further information in response to our concerns.
>>

I don't understand how many total points do I need? and
Has anyone encountered this before and Is there a way I could persuade the Case Officer for residency?
Can I ask the Case Officer for Job Search Visa or WTR visa?

Thanks in advance.

[Karen Phillips]

Hi. You need 140 points, or 135 points if these include 15 points for work experience in an area of Absolute Skills Shortage. With less than that, you are not eligible because no one with less than that was selected during the time that your EOI was in the Pool. I imagine that the letter your received said which points they have not allowed and why. This is what you need to look at. Are they right? Has there been a misunderstanding? If you can demonstrate that you should be able to claim the points that have been deducted, you may well still get a visa. If not, I am afraid that you application will be declined. You can't ask for a different visa. In order to get a Job search Visa of the type to which you refer, you have to be eligible for SMC but not yet able to demonstrate that you are likely to be able to settle in NZ. If you want any other sort of work visa (apart from Silver Fern) you need a job offer. You could apply for Silver Fern when it becomes available - but a I am sure you know, this is a lottery. I am afraid that what is happening to you happens to quite a few applicants who had claimed points (with the best of intentions) or which they are not eligible.

[newApplicant]

Thanks Karen,

Correct me if I am wrong, is it that I just missed out by 5 points? I have 130 points with 15 points for work experience in an area of Absolute Skills Shortage.

Will this application be rejected because of 5 points? Cant it go into a pool and later picked?

Thanks again.

Hi. You need 140 points, or 135 points if these include 15 points for work experience in an area of Absolute Skills Shortage. With less than that, you are not eligible because no one with less than that was selected during the time that your EOI was in the Pool. I imagine that the letter your received said which points they have not allowed and why. This is what you need to look at. Are they right? Has there been a misunderstanding? If you can demonstrate that you should be able to claim the points that have been deducted, you may well still get a visa. If not, I am afraid that you application will be declined. You can't ask for a different visa. In order to get a Job search Visa of the type to which you refer, you have to be eligible for SMC but not yet able to demonstrate that you are likely to be able to settle in NZ. If you want any other sort of work visa (apart from Silver Fern) you need a job offer. You could apply for Silver Fern when it becomes available - but a I am sure you know, this is a lottery. I am afraid that what is happening to you happens to quite a few applicants who had claimed points (with the best of intentions) or which they are not eligible.

[Karen Phillips]

If you don't have the 135 including ones mentioned in previous post for AASS your application will be rejected - it can't go back into the Pool because it expired on 1/2/14 (according to your original post). It's a bit like an exam, if the pass mark is 135, getting 130 is close - but sadly, not enough. No one with less than 135 points and no job offer has been selected for a very long time. See - http://www.workstudylivenewzealand.c...ceptances1.pdf

[amidala]

I am curious of this thread.

may i know at what point of your application you are at when you received this decision?

Are you done with your interview? Or have you reached the interview stage?

please enlighten me.


thanks

[wellynz]

you can think if you can increase the score to 135. You can get score for your spouse (if eligible), or if you could get a job offer , it will give you much more than 140 points............

[newApplicant]

Hi,

I was given the decision and told to comment within 14 days - if I thought it was correct.

I have submitted my comments and with some hope of increasing points.

I dont think she will call for interview as I missed by 5 points. Hope there was some fallback method like job search visa where if I miss by 5 points I could goa nd find work there.

[newApplicant]

Hi,

For the remaining 5 points I wrote to my CO.

"I request my 9 months work at <IT Company> to me considered as previous NZ work experience for the remaining 5 points even though it falls short by 3 months. Since This is a marginal case, I was hoping the consideration would be positive."

Do you think they will give the the 5 points although it falls short my 3 months?
Do you think I can appeal the decision - I havent received the decision but thats the most likely decision.
Can I appeal here? http://www.justice.govt.nz/tribunals...o-make-a-claim

Thanks in advance.

[JandM]

No, I don't think they will count nine months as a year for you. As Karen said above, it's like an exam pass mark - if you haven't got it, you haven't.

[Karen Phillips]

I guess the good news is that in 3 months time, you may have enough points. However, if the new total is still only 135 points not 140, you do need to be aware that he last time anyone with 135 points was selected was in November 2013 and it may not happen again for a while - it is hard to predict. If you have time, waiting until you have 140 points would be the safest option.