Results 1 to 5 of 5

Thread: BUNAC visa to SMC visa?

  1. #1
    Join Date
    Oct 2014
    Location
    Uk
    Posts
    16

    Default BUNAC visa to SMC visa?

    Hi All,

    I have made a very quick decision to move from the uk to nz in a matter of weeks. iam asking for some general advice and hopefully reassurance that the order iam doing things is potentially sound and as hassle free as possible.

    i have a bunac visa which is a 12mth temporary work visa that allows me to work in any employment field for up to 12mths. i have a job offer which would enable me to apply for residency under the skilled migrant category with a points total of 140.

    i need to be in nz and start the job in 5-6 weeks so do not have the time to apply solely on the smc visa, so my plan is to enter nz on the bunac visa and start the job then have up to 12mths to apply for the smc visa.

    will i be ok to enter nz on this basis and not contravene any immigration policy whilst starting the job on the bunac visa?. can i simply transfer from the bunac visa to the smc visa if approved?. if my eoi is declined would that jeapordise my bunac visa?. would it be better to delay submitting my eoi until i have used most of the bunac visa up so i can claim more points for 12mths of work in nz or is that irrelevant as long as i meet the minimum points tally?.

    apologies for so many questions and many thanks in advance for your advice.

    Josh

  2. #2
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    Basically, this is going to be all good, I think, with possibly a bit of wriggling on the details.

    You can definitely enter, and start working straight away, on the BUNAC visa. And the BUNAC visa is good for the whole 12 months, if you need it, if it doesn't get made irrelevant by your having got some other sort of visa in the meantime.

    The one thing I'm wondering about is the nature of your job offer, which can have an effect on applying for residence under SMC. You'll see what INZ requirements are for a job offer, looking particularly at SM7.15.b http://www.immigration.govt.nz/opsmanual/30549.htm. Presumably at the moment your employer has offered you a finite 12 months, because that's the length of the visa you've got at the moment. INZ may well be concerned to know that, once you've got a longer visa, there will be another contract, either a permanent one or a further fixed term one, available to you. (Although paragraph ii says 'a stated term of at least twelve months', we've often seen INZ COs fussing that 12 months isn't enough.)

    In case there is a hitch of that kind, it would be possible for you, if your employer is happy to co-operate, to apply for a temporary work visa of some kind, to bridge the situation between BUNAC visa and residence. But if the boss wants you permanently anyway, this may not arise.

    There's no point in waiting, if you're all set up to apply under SMC. With a job or job offer, your EOI will get selected at the very next draw with 100 points minimum, and the sooner you get ahead, the better the chance the processing will all be done within your year on BUNAC.

  3. #3
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    Another thought has just struck me. There is an in-built expectation with WHV and visitor's visas (BUNAC being a WHV, of course) that the person will be going back to their home country at the end of their time in NZ, and this is sometimes raised by the immigration officers at the airport. These are not the people to get into discussions with about the detail of your future intentions regarding SMC, etc., which is not their speciality and would probably only lead to huge delays. But there is a perfectly legitimate attitude for you to have, and here are their instructions about the related reason for someone on a visitor's visa. http://www.immigration.govt.nz/NR/rd...20June2014.pdf No, this isn't you, as you've already got the job and the right to work, but if an official asks you about your arrangements for going home at the end of the year, you've got the right to say you'll see how things go, and get an appropriate visa in due course if things work out all right for staying.

  4. #4
    Join Date
    Oct 2014
    Location
    Uk
    Posts
    16

    Default

    Thanks so much JandM for you advice. The employer does want me permanently and has issues the 12mths contract only at my request to comply with the BUNAC visa requirements. They will be happy to reissue a permanent contract to support the SMC visa application.

    I will have a return ticket to the UK booked so that should satisfy the border staff...

    Thanks again

    Josh

  5. #5
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    All the best.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •