Shortcut to residency through EOI while working in NZ on work to residence visa?

[Hanna MW]

Hi all!

My partner and I have already been living in NZ for 18 months and are now ready to commit to buying a house.
Initially I had applied through the long term skill shortage category and we are here on a work to residence visa (as far as I can remember that is, as our visas only state "work visa")

Our research has shown that we would get slightly better conditions and needing less of a deposit being residents when it comes to taking on a mortgage.

On a work to residence visa we are able to apply for residency after having spend/worked 24 months in the country. The 24 months would be up in June, so not too far off.

I am now wondering whether we can speed things up by applying through the EOI track as I would get 160 points and therefor being considered straight away. The next draw is on the 21st of this month.

I have been reading up an down all sorts of guides on the immigration website but can't find an answer to my question:
Would being the holder of a work to residence visa exclude me from being eligible of submitting an EOI? Seeing that $510 are involved I would want to take the chance.

I read residency through EOI can take up to 6 months anyway so not sure its worth the hustle. Seeing that the costs involved appear to be similar either way, we would take the chance and hope for soonish approval and in the event it takes longer, well thats what we would have to wait anyway.

I'd really appreciate some input.

If not, there is always the phone on Monday

Thank you!

Hanna

PS: Is the step to permanent residency always through a residency visa first (which includes travel restrictions)?

[JandM]

Yes, you can apply for Residence by putting in an EOI under the Skilled Migrant Category whenever you like, since you can see that you qualify.

Yes, to get PR, you have first to be a Resident. The first, basic condition is that you have to have had your Residence visa for two years. But there are travel conditions (not restrictions), which allow you to leave and re-enter NZ as much as you like for the two years, so you're only restricted insofar as you need to be demonstrably based in the country to satisfy one of the other five paragraphs for 'commitment to NZ'. http://www.immigration.govt.nz/migra...quirements.htm

[Hanna MW]

Thanks JandM!
The link you shared brings me to a site I have been looking at before. After clicking through al the links, my head was buzzing
I guess we will give it a go then.

For some reason my understanding was that we get permanent residency straight away but I guess thats a bit much to be asking for.

Thanks again!

Hanna

[IanW99]

...
I am now wondering whether we can speed things up by applying through the EOI track as I would get 160 points and therefor being considered straight away. The next draw is on the 21st of this month.

I have been reading up an down all sorts of guides on the immigration website but can't find an answer to my question:
Would being the holder of a work to residence visa exclude me from being eligible of submitting an EOI? Seeing that $510 are involved I would want to take the chance.

I read residency through EOI can take up to 6 months anyway so not sure its worth the hustle. Seeing that the costs involved appear to be similar either way, we would take the chance and hope for soonish approval and in the event it takes longer, well thats what we would have to wait anyway.

I'd really appreciate some input.

If not, there is always the phone on Monday

Thank you!

Hanna

PS: Is the step to permanent residency always through a residency visa first (which includes travel restrictions)?

Yes you can apply for residence at any time if you have enough points.

You say that it will take up to 6 months via EOI, but that is likely to be conservative, after selection you have to wait till your points have been reviewed which takes two to three weeks, then wait to receive it, then you have to get all the information together and send it back and then it will take four to six months to be allocated a case officer (current processing times) and then it how ever long it takes to process.

Now if you go via residence from work, then you have a 30 month work visa and you can apply after 24 months which at least implies it will be all complete within 6 months. As I understand it the process from WTR is also simpler and cheaper than the EOI approach.

It is possible to go straight from WTR to permanent residency if you earn at least $90,000.

Ian

[JandM]

Now you've said that, it's ringing a bell with me, too. But here's the page about Residence From Work, which is what you'd be going for from a WTR visa, and there's no mention of it. http://www.immigration.govt.nz/migra...iworkfromresi/ Likewise in the Operational Manual section on this. http://www.immigration.govt.nz/opsmanual/7540.htm (various headings). My feeling is that I've seen a link to the salary level - if you could show you were earning more than $x per year on WTR, you could get PR directly. Possibly they have changed the rules of recent times. Can you show us a link, Ian, for reference?

[IanW99]

Now you've said that, it's ringing a bell with me, too. But here's the page about Residence From Work, which is what you'd be going for from a WTR visa, and there's no mention of it. http://www.immigration.govt.nz/migra...iworkfromresi/ Likewise in the Operational Manual section on this. http://www.immigration.govt.nz/opsmanual/7540.htm (various headings). My feeling is that I've seen a link to the salary level - if you could show you were earning more than $x per year on WTR, you could get PR directly. Possibly they have changed the rules of recent times. Can you show us a link, Ian, for reference?

http://www.immigration.govt.nz/migra.../residence.htm

Ian

[JandM]

Thank you - I'm bookmarking that.

Here it is, HannaMW.

people who were granted a temporary work visa under the Talent (Accredited Employers) Work category who have a job with a salary of at least NZ$90,000 gross per annum at the time they apply for residence under the corresponding Residence from Work category

[Hanna MW]

Great guys, I really appreciate that!
Wouldn't apply to me though with my little midwifery salary

I also just checked and the costs appear to be much higher going the EOI pathway: $510+$1810 vs $930 applying in June through work to residence. That is quite a big difference.

Another question for you:

If the resident visa has travel conditions, do they apply to me as the main applicant only, or do they apply to my partner as well?
Our trouble at the moment is, that he can't find work in his line of work (Helicopter maintenance) and is working as fitter and turner now. He was considering looking for contract work in Australia with me based here and him traveling between the countries and I could see the travel conditions getting in the way. Immigration NZ does not specify the travel conditions.

Maybe I should just call them on Monday....

[JandM]

You seem to have a feeling that the travel conditions are horrendous - they're not, actually. They let you out and in as much as you want. The only thing you have to think about is meeting the 'commitment to NZ' requirements when you want to apply for PR two years later. This is set out here. http://www.immigration.govt.nz/migra...quirements.htm You have to meet the requirements in the top paragraph, then one of the other five criteria below. Most people go for number 1, which asks you to be in the country for a minimum of half the time during the previous two 12-month periods. And that's only you - with you as the main applicant, your partner can do whatever he wants, and still get PR when you do at the end of the two years.

[ChrisMwn]

As others hint at you have the option of applying now through the SMC process. Onshore, in New Zealand, you might expect that most branches, including Christchurch would take around 4-9 months for the end to end process, so you might expect to have your residence sometime between June and October. If you wait to till June to apply under the "Residence from Work" rules, then those applications are treated as a priority and would likely take 1-3 months to be approved. So under that process your might have your residence sometime between July and September. (Not much in it really time wise.) The costs are , as you point out more under SMC. The other advantage is under the Residence from Work process there are less requirements and rules than under SMC. In most cases if have a work to residence visa and then start the SMC process immediately you would be better off, but not in yours as you have left it for 18 months.

The difficulty is that if your partner goes to work in Australia, then there will be issues with you not living together, and whether he can then be included in your application. I'd say there, 'short term pain, for long term gain", so wait until you have residence before considering him going to work in Australia.

As far as working towards Permanent resident Visa, the rules only apply to you, assuming its you who is the principle applicant. Your partner can be off shore for as long as they like.
(Right now you well find that the employment situation in Australia is even more difficult than in NZ, they are in the middle of a huge downturn!)