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Thread: working holiday approved... We were thinking of skilled migrant but are very confused.

  1. #1
    Join Date
    Jan 2014
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    United States
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    Default working holiday approved... We were thinking of skilled migrant but are very confused.

    Hello! We fly to nz next week. My husband has a one year working holiday visa, and myself and our four kids have a one year visitor visa. We were going to see if we could get settled then apply for a skilled migrant which my husband has plenty of points.

    We asked the USA visa office about the fees they said Americans never pay the visa fee. We think this may be wrong and we will need to pay if we are in NZ? But one application fee for the whole family right?

    We see now that we can save about 200 a week on taxes if we have the right residency. But now we read mixed things on if you have to be present for a year first. I think the kids automatically qualify for the family tax savings if they have residency.

    If we go ahead and apply for residency...
    Should we quick do it now before we fly out, or will they need to keep our passports. I can't see this being reasonable.

    Will the visa time line matter if my husband has an existing job?

    I assume just switching to a standard work visa once he finds a job will not provide any tax break.

    Either way. We are excited to go to NZ!

  2. #2
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    Rotorua, Bay of Plenty
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    I think you may have been granted the wrong visa.
    Have a look here:
    http://www.immigration.govt.nz/migra...idayscheme.htm

    This outlines the do`s and donts of the WHV.

    You are not allowed to bring children with you on a WHV or have a job lined up.
    Since you fly next week I think you need clarification ASAP on your visa`s.

  3. #3
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    I think the last poster is right in that you need to do more research about how getting different visas works, but as you and the children are on a visitors' visas, that will be legal, with only your husband on the WHV.

    There is absolutely NO WAY of getting Residence in one week! This is a visa you apply for, with masses of evidence of your qualifications, work experience and family status required, of which every piece is checked out with third parties, so the whole process takes months, if not longer, depending on your individual circumstances and the workload at INZ at the time. It's not bought, it's asked for, and granted, or not, after full consideration.

    There is an arrangement between the USA and NZ by which the fees for application for SOME visas are waived in some circumstances.
    Offshore applications for a:
    • visitor visa
    • work visa
    • student visa.
    Onshore applications for a:
    • variation of travel conditions on a visitor visa
    • variation of travel conditions on a work visa
    • variation of travel conditions on a student visa.
    (page 5 here http://www.immigration.govt.nz/NR/rd.../0/INZ1028.pdf)

    This never includes Residence, but yes, the application for Residence includes the whole family at once.

    On the WHV, your husband will have the right to start work at any job he is offered. He can only take on a job that is on a short-term basis in the first instance, on that visa, and can only stay with the same firm for three months maximum. If the company wants to employ him permanently, they will need to make him the offer, formally and in writing, of a skilled job in line with his qualifications, which will qualify him to apply for a work visa, and residence. It's normally necessary to apply for a work visa first, as well, because that can be processed more quickly than residence, usually within the time he's allowed to work in that same place on the WHV, so he could legally continue there. Meantime, the Residence application continues to be worked in the background, taking the time that it takes.

    Details of the requirements for work visas of various kinds. http://www.immigration.govt.nz/migra...entialwork.htm

    Details of the visa which can be obtained by you, the spouse, because of the work visa. http://www.immigration.govt.nz/migra...milystream.htm This would be a visa to match his for length of time. You don't have to work just because it says 'temporary work visa'.

    Details of the student visas which any of your children who are five or above can get because of their father's work visa. http://www.immigration.govt.nz/migra...yinnewzealand/ Any children below five need visitors' visas.

    If it comes to the point where your husband, with a skilled job offer, is applying for a work visa, he can send in your application and your children's, all at once, linked with a covering letter, and they will be worked as one case, with the CO supplying anything you don't know to begin with, e.g. his visa number, as it becomes available.

    It is an advantage to have work/student visas with a life of 24 months or more (or residence), since those allow full use of the NZ Health Service.

  4. #4
    Join Date
    Oct 2013
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    New Zealand
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    I think the only requirement under the US WH scheme is not to undertake permanent employment. I don't see a "Not more than 3 months for the same employer " clause as some schemes (like Isreal) have.

    http://www.immigration.govt.nz/opsmanual/index.htm

    WI2.165 United States of America Working Holiday Scheme
    a.This scheme is available to young citizens of the United States of America (USA).
    b.To be eligible for a work visa under this scheme, applicants must:i.be citizens of the USA, ordinarily resident in the USA at the time of applying (see WI2.1.1(d)); and
    ii.have a minimum of NZ$4,200 available funds for their maintenance during the period of stay in New Zealand; and
    iii.agree to hold medical and comprehensive hospitalisation insurance that will remain current throughout their stay in New Zealand; and
    iv.meet the requirements at WI2.1.1(b) and (d).

    c.Successful applicants will be granted a work visa with the following conditions:i.if the applicant is outside New Zealand, first entry to New Zealand must be made within 12 months of the visa being granted, and the visa will allow work and multiple entries to New Zealand for 12 months from first arrival; or
    ii.if the applicant is in New Zealand, the visa will allow work and multiple entry to New Zealand for 12 months.

  5. #5
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    Thanks for that.

    So, to the OP, ignore the mention of 'three months maximum', but the rest of the comments stand.

  6. #6
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    The main problem might be the fact that you cannot have dependents with you if you enter the country on a working holiday visa. I suspect that even if you came in on separate flights, you might run into problems if you actually try to claim that tax credit (not sure how you calculated the $200?). Not sure if you could do that on that type of visa.

    Apart from that, we've had contradicting information regarding the tax credit from the IRD: some people seem to interpret the rules that you need to have lived here for two years before you are eligible, others thought is was straight away.

  7. #7
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    I guess you are focused on :

    http://www.immigration.govt.nz/opsmanual/index.htm

    WI2.1.1 General conditions
    a.The objective of working holiday schemes is to allow young citizens of approved countries, whose primary intention is to holiday in New Zealand, to undertake employment and study during their stay in accordance with their scheme.
    b.To be eligible for a work visa under these schemes, applicants, in addition to meeting the requirements of the particular scheme they are applying under, must:i.hold a valid passport from the country whose scheme they are applying under; and
    ii.be aged no less than 18 years of age and no more than 30 years of age, unless their scheme allows a different age limit; and
    iii.not be accompanied by children; and


    So given that a visa has been issued on this basis, and that presumably that the spouse is the one who is accompanied by the kids, I don't see and issue from and Immigration stand-point.

    Ive never heard of the tax issue. but some advice from a tax adviser or accountant might be best.

  8. #8
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    Quote Originally Posted by ChrisMwn View Post
    The website states that you cannot bring children with you on that visa. How the technicalities work precisely, i.e. if they mean you cannot travel on the same plane with them, or cannot be financially responsible for them during your stay, I don't know. Personally, I wouldn't want to find out after a 24 hour trip with 4 children at immigration, though...

  9. #9
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    Quote Originally Posted by dharder View Post
    The website states that you cannot bring children with you on that visa. How the technicalities work precisely, i.e. if they mean you cannot travel on the same plane with them, or cannot be financially responsible for them during your stay, I don't know. Personally, I wouldn't want to find out after a 24 hour trip with 4 children at immigration, though...


    Why didn't you just apply for residency straight away from the US if you had enough points? That way everyone would have no worries about visas later...

  10. #10
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    Yes in hindsight we should of applied for the residency right away. I am sad we did not. You are all correct as whv cab have no dependants. The children and I are on a visitor visa independent of him. But we did talk to them and even sent his passport and details along with our applications. But with ask your concern I will have the letter from us and imigrations reply on hand passing through customs.

    So it seems no one knows afor sure bout the tax deal. I calculated it out online, we just don't know if we need the length of stay or can apply on residency only.

    So what is the timeline applying for a visa with lots of points and a job? Work visa would give us insurance, and resident would give us insurance and possible tax credit.

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