Potentially Skilled Occupation, Not On Any Lists

[NiceCupOfTea]

Hi all,

I have been working in NZ for many years, under various visas (essential skills, approval in principle etc.). My area of employment is within the transport industry, where I supervise/manage a small team. There are important technical aspects of the job that can only be gained through fairly extensive experience, but that are not necessarily considered qualifications outside of that specific area of work.

I was looking at the list of skilled occupations on the INZ website and there are occupations listed there that are well below the skill and responsibility level required for my job. Would there be an avenue whereby I could express to INZ the skill level of my occupation, and have them accept it as skilled employment in an EOI or residency application?

Secondly, my employer is currently not on the accredited employers list, but would certainly be eligible to be so. From what I can gather, an employee would be able to apply for residency under the work to residency category if their employer is accredited and the employee earns at least $55k. Is it only necessary for both these conditions to be met (accredited employer, $55k+ salary) regardless of the occupation?

Can anyone offer any other ideas as to how I may be able to apply for residency given that my occupation is skilled, but not explicitly specified on any skilled occupation or skill shortage lists?

Many thanks in advance.

[JandM]

You haven't given many details of your role, but it's the details that will perhaps find you a way in, I think. Using the INZ skill shortage list checker, I've just entered 'transport company manager'. As soon as I started to type, various possibilities appeared in the drop-down box, and I chose one at random, http://skillshortages.immigration.go...ompany-manager, which came up with a list of requirements, INCLUDING that five years' experience are an acceptable alternative to any paper qualification. I then entered the given ANZSCO number on the ANZSCO list, and that http://www.abs.gov.au/ausstats/abs@....vices+Managers gives a list of aspects of the job that such a person might be expected to be responsible for.

I realize that all that might not be relevant to your particular job at all, but it's the method to follow. Remember, the job TITLES don't matter (as a boss can call a job anything he wants) - it's matching MOST OF the job requirements on the ANZSCO listing that decides what you could put yourself forward as, and then checking back through the skill checker to see that experience can substitute for qualifications.

Is it only necessary for both these conditions to be met (accredited employer, $55k+ salary) regardless of the occupation?

The employee also has to be doing skilled enough work, to justify that level of salary - that is, INZ wouldn't be happy to give WTR to an overpaid entry-level paper-pusher, or floor-sweeper (which is a dodge that has been tried in the past by people trying to get a visa for an unqualified friend or relative).

[NiceCupOfTea]

That's great info, thanks. I will start looking into matching my experience to their requirements.

A quick question about the $55k figure, is holiday pay (it's around 8% isn't it?) included in the base salary calculation? I only just meet the £55k figure on my current pay including the 8%. However with next year's pay rise I'll meet that figure regardless. Also, given that my salary is around $55k, and if anything I'm underpaid (isn't everyone?!), would that be further evidence of my experience and responsibilities?


Edit: Further thoughts on this: Is it possible for me to liaise with ANZSCO, and outline my job description to ascertain what the relevant ANZSCO code would be for my position, assuming that nothing on their lists matches sufficiently already? Although my title is Supervisor, my role is somewhere in the Air Transport or Air Operations Manager field.

Essentially, how do I take a job that isn't described sufficiently by ANZSCO, and show INZ that I believe it's a skilled role?


Thanks again for your input, much appreciated.

[JandM]

This is the detail of requirements. http://www.immigration.govt.nz/opsmanual/34540.htm I'm not sure whether or not 'minimum base salary' would include your holiday pay, but that's what they're looking for for WTR.

Of course, there isn't any salary figure mentioned or required for a residence application under SMC, just that it should be normal for your industry.

[NiceCupOfTea]

Excellent, thanks. Also I edited my post there, you may not have seen it. If you have info on the ANZSCO questions there, that would be great.

[JandM]

Edit: Further thoughts on this: Is it possible for me to liaise with ANZSCO, and outline my job description to ascertain what the relevant ANZSCO code would be for my position, assuming that nothing on their lists matches sufficiently already? Although my title is Supervisor, my role is somewhere in the Air Transport or Air Operations Manager field.

No, there's no way to get ANZSCO to bend round you - you have to do the hunting for yourself. This http://www.abs.gov.au/ausstats/abs@....2?opendocument may be helpful, and notice particularly the 'nec' (not elsewhere classified) category, which, if there is one in your area of work, can give a bit of leeway.

[JandM]

ANZSCO 139999 (Specialist Managers nec)?

[NiceCupOfTea]

So let's say for example, my EOI listed my job as ANZSCO unit group 1494 Transport Services Managers. How do INZ ascertain that this unit group is commensurate with my actual job? Is it simply based on the documents I provide them detailing my job description etc? I mean is there a degree of leeway that the CO will consider on examination of my roles and responsibilities?

Edit: 139999 actually states Airport Managers. That might be the one. I will look into it!

Many thanks for your help.

[JandM]

If you look at sub-major group 13, specialist managers, that 13999 comes under (but it's on a previous page) http://www.abs.gov.au/ausstats/abs@....0?opendocument, you'll see a vague and general description of the idea of a manager, that can be applied to many different settings where someone 'manages'.

Tasks Include:

developing, implementing and monitoring strategies, policies and plans for their area of control
establishing and directing operational and administrative procedures
directing and coordinating the allocation of resources
monitoring work progress and performance, and adjusting processes and resources to keep goals on track
controlling budget planning and report preparation, and monitoring and controlling expenditure for their area of control
controlling selection, training and performance of staff
representing the organisation in negotiations, and at conventions, seminars, public hearings and forums

There's another such list on this page http://www.abs.gov.au/ausstats/abs@....D?opendocument, major group 1, managers, which is above both the other pages on this 'tree'.

Tasks Include:

setting the overall direction and objectives of organisations and departments within organisations
formulating, administering and reviewing policy and legislation to ensure organisational and departmental objectives are met
directing and coordinating the allocation of assets and resources
directing, controlling and coordinating the activities of organisations and departments, either personally or through senior subordinate staff
monitoring and evaluating overall organisational and departmental performance, and adjusting policies, rules and regulations to ensure objectives are met
representing the organisation at official occasions, in negotiations, at conventions, seminars, public hearings and forums, and liaising between areas of responsibility

If you and your employer can agree a job description for you, which will allow you to tick off most of the items on one of those lists (or a combination) in a way appropriate to your industry, that's all the INZ CO needs. You will send in a job description, and they will also ask your employer for one. They may also talk to each of you, either on the phone or on a personal visit, so you need to make sure that you're both telling things the same way.

[NiceCupOfTea]

Well, it seems like I have everything I need to make an application.


Now regarding the following:

Requirements to claim points for skilled employment (Category A)

A relevant recognised qualification which is at, or above, the qualification level on the New Zealand Qualifications Framework. The qualification must correspond to the skill level indicated for that occupation in the Australian New Zealand Standard Classification of Occupations (ANZSCO)
OR
The relevant work experience that the ANZSCO indicates may substitute the required qualification
OR
The relevant requirements specified in the Long Term Skill Shortage List (LTSSL) for your occupation (if your occupation is included in the LTSSL)
OR
Five years of relevant work experience.

Does this mean I either have to have a recognised qualification, or the equivalent number of years experience working this position to substitute the qualification? 139999 for example, states 5 years experience (which I don't have in this particular occupation) can substitute the required qualification. Would a CO examine my case and make a judgement that, say, the job is skilled to ANZSCO level 2, rather than level 1, and so 2 or 3 years experience would suffice? Is there space for a CO to make decisions like this on a case by case basis?

It sounds like it's worth submitting an EOI from the information you've given me but I don't want my expectations to be unrealistic.

Thanks again.