Work Visa Declined

[dnatalia86]

Hi there
I need to decide if it is better to withdraw from the work visa application now or keep going to the end, if I already know that the chances for it to be declined are high.
what are the consequences if I want to apply for a new work visa or residence in the future of having a negative record with immigration?

Thanks

[JandM]

You don't get a 'negative record with immigration' unless a past refusal was because you had a criminal background, or you lied to try to get a visa - something bad like that.

I know from your other post that INZ have asked for more information from you and from your employer. Asking for information is not a necessarily a sign that you won't get the visa. Every CO works through a checklist of things they have seen about the person, and their job, and their employer. If they don't have enough evidence to tick off some item(s), they send to ask for more, and they say things that sound quite threatening, like, 'If you do not supply this by (whatever) date, we will decide the application on the evidence we have, and it will probably be refused.' Well, of course they would have to refuse it if they don't have a tick for every item on the list they work from. But the fact they are asking shows that they are willing to be convinced, and if you and your employer work together, there could well be a way through.

[JandM]

Looking again at your other post, I realize that the query from INZ doesn't quite make sense as you have stated it. Can you copy the exact words, because then maybe someone here could help you.

[dnatalia86]

Hi JamdM
When I wrote the post I did not explained myself in the best way, I wanted to deleted but I couldn’t. that`s why I wrote a new one.
What INZ said on the letter was:

• Based on your job description, your position of Senior Coordinator is comparable to ANZSCO 811111 CAR DETAILER and is a Skill level 5 occupation. When conducting a labour market test concerning an ANZSCO Skill Level 4 or 5 Occupation, immigration officers must seek advice from Work and Income about the availability of New Zealand citizens or residence class visa holders to do the work offered.
• We have therefore sought advice from Work and Income and they have confirmed that there are both suitable people registered locally and suitable people who could be trained for this position.
• We note that your Employer has not listed with Work and Income. Your Employer has not provided evidence of advertising the position in national newspaper or website nor given a statistical outcome of the advertising campaign. Your Employer has not answered the question on Employment Supplementary Form “Have you made efforts as an employer to train New Zealanders to fill the position?” Your employer has stated that they advertise the position under various variety of titles and have employed a number of New Zealander thinking they had experience but after sending them to be trained by suppliers and other detailers have constantly been let down by a lack of ability or work ethic. However, he has not provided any evidence to justify his comment. Therefore, it does not appear that your employer has made a genuine attempt to fill the position.
• You do not appear to be suitably qualified by training and experience to do the job you have been offered as you do not appear to have provided any evidence to support your job offer.

When reading and filling in all the forms it is obvious that we missed a lot of points, and that is what they are asking now.
The difficult part is to prove that a foreigner is better prepared to do a job than a NZ`s, because we are talking about a Skill level 4 or 5 which is very low.
That is my main concern now, it is all started it does not feel right to withdraw now, but many points are against my favour.

[JandM]

It sounds as if you and your employer didn't do the paperwork fully in the first place, but now you're taking the trouble to do it. Of course you are bound to feel that things are against you - it is never good when people are challenging you. Good luck, anyway.

[Edwin]

Hi Natalia,

Would like to know the outcome of the work visa application. I'm in a similar situation where my currrent job isrecognized as Level 4.