Query regarding Essential Skills Visa - Labour Market Check

[JamAMoran]

Hi All,

Im getting a tad confused on the details of whether a labour market check is required for my application. I am applying under the Essential Skills work visa route and at the same time I have lodged my EOI which has been selected and I now have my Invitation to Apply.

My understanding was that because I have my ITA the labour market check for my Essential Skills Visa would not be necessary and certainly thats what the 'Employer Supplementary Form' suggests as it states:

"This section must be completed if the person you have offered employment to is applying under the Essential Skills Work Category unless
- The person has been invited to apply under the Skilled Migrant Category, or;
- The Occupation is on the Essential Skills in Demand Lists and the person meets the qualification and/or work experience requirements of the list."

However, INZ have emailed me today to say that they are carrying out a labour market check so I dont understand why. I have emailed them to find out more but I wondered if anyone on here could shed any light or further advice on this matter?

I am concerned as my employer in NZ has not advertised the position as far as I am aware and so I feel this may cause us some issues.

Any advice appreciated!
Thanks,
James

[JamAMoran]

So I know im replying to my own query here but having done some additional research it seems I was mistaken in my understanding that the Labour Market Check is not required in my case. It seems that this is only set aside if you already have a temporary visa AND job offer AND ITA. (althought I do say that the Employer Supplimentary form wording is misleading!)

So now my query is whether anyone here has had experience recently of the Labour Market Check and how stringent it is as I am pretty sure my employer in NZ did not advertise the role as I inquired just as someone gave their notice in so there was no need for them to advertise. Can they advertise it now/after the labour market check if INZ are not satisfied or is it too late then?

Anyone’s experiences with this would be much appreciated as I am really concerned about this now!

[JamAMoran]

Just for anyone seeking info on this sort of thing. I spoke to INZ today as the 10 days have long since passed and I hadnt heard anything. they confirmed the Labour Market Check had been completed and didnt ask any further questions so I assume it is all good! They didnt request any further info from me or my employer. For information my job is skill level 3.

Now they say theyre just waiting for my medical referral to come back so its back to the waiting game for now....

[JamAMoran]

Spoke too soon! After over six weeks since INZ carried out the labour market check they have just emailed me to say they need evidence from my employer of their efforts to employ a NZ resident or my application is likely to be declined.

I cant believe it has taken this long for them to query this and that I have been informed verbally by staff at the contact centre that there were no issues arising from the labour market check.

Im due to speak to my employer soon to work things out but if anyone has any tips on what should be included with my evidence that would be much appreciated.

James