Studying towards earning an SMC visa

[Jomjom]

Hi all,

Just wanted to start off by saying my heartfelt thanks to all who have helped me so far. Unfortunately I have even more questions to ask. I hope I can trouble you all a few more times.

Is it correct to say that if one obtained the required academic qualifications for an occupation under Part B of the List of Skilled Occupations in INZ's Appendix 6, had at least 100 points, and had a job offer, one could qualify for an SMC residence visa?

For example, study for a Level 4 Certificate in Fashion Apparel, get a job offer as an apparel cutter, and, with >100 points, that would qualify for an SMC visa.

Could anyone help me to figure out the risks of this approach, other than of course the risk of not getting a job offer?

Does NZ law require the employer to show that they have been unable to hire any NZ citizen for the position before being allowed to offer the job to a migrant?

Am I correct that strictly speaking, no work experience is required to qualify for an SMC visa (as long as you can get 100 points), unlike e.g. Australia where work experience is usually required?

Again, my heartfelt thanks to all who take their time to help me with my query.

[JandM]

Is it correct to say that if one obtained the required academic qualifications for an occupation under Part B of the List of Skilled Occupations in INZ's Appendix 6, had at least 100 points, and had a job offer, one could qualify for an SMC residence visa?

Correct. See here, SM7.10.1 b. http://www.immigration.govt.nz/opsmanual/46411.htm

For example, study for a Level 4 Certificate in Fashion Apparel, get a job offer as an apparel cutter, and, with >100 points, that would qualify for an SMC visa.

Yes, provided all your evidence checks out - character, health and use of English, besides the qualifications and the job offer. (And those are the only 'risks' I can think of, apart from getting the job offer.

Does NZ law require the employer to show that they have been unable to hire any NZ citizen for the position before being allowed to offer the job to a migrant?

You would normally be applying for a temporary work visa as well as putting in the EOI (in order not to keep the employer waiting all the time it would take to have a residence application under SMC go through), and there is the Evidence there are no New Zealand workers available requirement on that. http://www.immigration.govt.nz/migra...entialwork.htm This has to be met UNLESS the employer is accredited (pre-approved to hire foreign workers), or UNLESS the job is on one of the INZ skills shortage lists, which apparel cutter isn't. But the labour market test doesn't have to come out showing an absolute lack of NZ workers, just that there were none suitable, or none as suitable as you, who applied within a reasonable time-frame after a reasonable amount of advertising. If you were offered a job and the employer was prepared to wait for Residence to be granted (which is unlikely, but 'if'), then there is no labour market check requirement on job offers for that visa.

Am I correct that strictly speaking, no work experience is required to qualify for an SMC visa (as long as you can get 100 points), unlike e.g. Australia where work experience is usually required?

For this career you are looking at, the requirement is for qualification OR experience, as noted here. http://skillshortages.immigration.go...pparel-cutter/ (It is different for different careers.)

[Jomjom]

Correct. See here, SM7.10.1 b. http://www.immigration.govt.nz/opsmanual/46411.htm
Yes, provided all your evidence checks out - character, health and use of English, besides the qualifications and the job offer. (And those are the only 'risks' I can think of, apart from getting the job offer.
You would normally be applying for a temporary work visa as well as putting in the EOI (in order not to keep the employer waiting all the time it would take to have a residence application under SMC go through), and there is the Evidence there are no New Zealand workers available requirement on that. http://www.immigration.govt.nz/migra...entialwork.htm This has to be met UNLESS the employer is accredited (pre-approved to hire foreign workers), or UNLESS the job is on one of the INZ skills shortage lists, which apparel cutter isn't. But the labour market test doesn't have to come out showing an absolute lack of NZ workers, just that there were none suitable, or none as suitable as you, who applied within a reasonable time-frame after a reasonable amount of advertising. If you were offered a job and the employer was prepared to wait for Residence to be granted (which is unlikely, but 'if'), then there is no labour market check requirement on job offers for that visa.

For this career you are looking at, the requirement is for qualification OR experience, as noted here. http://skillshortages.immigration.go...pparel-cutter/ (It is different for different careers.)

Hi JandM,

As always, you're amazingly generous with your help. Could I trouble you with another question?

How would I find out:
(1) Jobs where there are a consistent shortage of New Zealand workers (so as to overcome the no New Zealand workers available requirement)? I've tried googling but I cant seem to find any data.
(2) For the skill shortage lists, is there a way of seeing how far off the government is from filling the shortage (e.g. in Australia, the government provides updates on how far they are from filling up the `ceiling' of a particular occupation)?

Thank you very much.

[JandM]

http://www.immigration.govt.nz/migra...edia/lists.htm It sounds too easy, but that's exactly what the skills shortage lists are. The lists are reviewed at least annually http://www.immigration.govt.nz/migra...ion/review.htm, but as you can see there, it is a government and industry consultation, with the detailed discussion not available to the general public. And no, I've never heard of there being official warning in NZ of any career being 'nearly full'. I remember when teachers were still on the LTSSL, that there were many teachers on the forum saying they'd had difficulty finding jobs, but that was the only clue that at the next review, teachers would be removed from the list - there were a lot of people part way through the process of planning their migration, relying on getting LTSSL bonus points for their EOI, who got caught out by that.

The Ministry of Business, Innovation and Employment puts out a monthly report analyzing the jobs being advertised, which may be of interest. http://www.dol.govt.nz/publications/jol/index.asp

[Jomjom]

http://www.immigration.govt.nz/migra...edia/lists.htm It sounds too easy, but that's exactly what the skills shortage lists are. The lists are reviewed at least annually http://www.immigration.govt.nz/migra...ion/review.htm, but as you can see there, it is a government and industry consultation, with the detailed discussion not available to the general public. And no, I've never heard of there being official warning in NZ of any career being 'nearly full'. I remember when teachers were still on the LTSSL, that there were many teachers on the forum saying they'd had difficulty finding jobs, but that was the only clue that at the next review, teachers would be removed from the list - there were a lot of people part way through the process of planning their migration, relying on getting LTSSL bonus points for their EOI, who got caught out by that.

The Ministry of Business, Innovation and Employment puts out a monthly report analyzing the jobs being advertised, which may be of interest. http://www.dol.govt.nz/publications/jol/index.asp

Thanks again JandM!