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Thread: New Zealand SMC Application Outcome - Permanent Residency / Residency with 24 months expiry?

  1. #1
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    Question New Zealand SMC Application Outcome - Permanent Residency / Residency with 24 months expiry?

    I have a doubt which is boggling my mind due to different versions of the possible outcomes of SMC application.

    By reading the INZ guide to NZ SMC residency application guide (INZ 1105), INZ check whether the applicant has ability to settle and contribute to New Zealand. If an applicant has job offer OR has done 2 years of masters/doctorate degree study in NZ will be considered as demonstrated this ability. Likewise, if person has none of these applicable, he may be granted residence OR may be deferred depending upon the applicant's situation and ability.

    Now, coming to my specific doubts to the outcome of SMC visa:

    1. When a person has demonstrated the ability to settle and contribute to NZ (by job offer OR 2 year study requirement), does the outcome of SMC results in Resident visa OR Permanent Resident Visa. I have seen threads where people have claimed that they got the Resident visa without conditions. Does that mean Resident visa without conditions is same as Permanent residency ? Does outcome of this category results in PR ?

    2. If a person is unable to meet requirement of job offer or 2 years study requirement but has capability to settle and contribute to NZ (of course that is determined by candidate work experience, qualifications, profile and CO satisfaction with interview etc), will the potential outcome be Resident visa with conditions, that is Residency with 24 months expiry ? That means it is not Permanent residency ?

    3. If a person is unable to meet 1 and 2, he may be on, case to case basis, be granted Job search visa and decision to residency is deferred. I understand that this is job search visa is temporary. My doubt here is, if a person falling under this category later able to secure job and of course meeting other 3 months in job requirement etc and supplies all proofs, will the outcome of SMC application be Permanent Residency, that is Residency without conditions OR it will be Residency with 24 months expiry ?

    I will appreciate if any seniors can shed light on this.

    Thank you !

  2. #2
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    You are muddled about all your points 1, 2 and 3.

    Your application will be checked out thoroughly by the CO - that is, all your evidence will be verified by asking other people to confirm it. When that is all done (which can take months), if it is all satisfactory, and if you don't have a job offer, then the CO will call you to arrange an interview with you. It is how the CO is impressed by your answers in the interview that make him/her decide what visa you ought to be offered. The interview is designed to find out what you know about how things work in NZ, both in your career and in society in general, to see if you would be likely to impress an employer and be quickly offered a job, and also that you are prepared to manage your life efficiently, like sorting out housing, medical care, school for children if any, etc., without being distracted by those things from your work - this is all known as 'employability'.

    If the the CO is fully satisfied, then Residence is offered. If the CO has doubts about aspects of your preparedness, you can be offered an SMC JSV (also known as deferred Residence), which gives you the right to nine months in NZ to find skilled work, and if you do, you get the Residence you originally applied for. If you appear to the CO to lack most of the necessary information, you will be refused. Here is the official information about the CO interview. http://www.immigration.govt.nz/opsmanual/43652.htm And here is an old thread with questions from the interviews. (The regulations have been the same for a long time, so don't be concerned that the early posts date back several years.) http://www.enz.org/forum/showthread.php?t=27398

    If you meet the conditions here http://www.immigration.govt.nz/opsmanual/41494.htm (having a job in NZ, or having studied in NZ at a high level), you will be given Residence, as you had stated in part yourself. I've already linked to the regulations relating to what I said just above, in case the person does not have a job offer and has to have a CO interview.

    There is no such thing as Residence which expires. Residence, while a person is within NZ, can last for ever. It is issued with two years' travel conditions, which allow a person to go from NZ and return as many times as they wish during that time. When the travel conditions expire at the end of the two years, if the person is going to want to continue to come and go freely, they need to have qualified for Permanent Residence, which is a totally different visa. It is granted to those who have demonstrated commitment to NZ, and have held Residence for a minimum of two years. The requirements are here. http://www.immigration.govt.nz/migra...quirements.htm

  3. #3
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    Thanks JandM for such a detailed response. It surely helps in clearing most of my doubts.

    However, this raises another doubt which may sound little weird but realistically possible. If someone's has attained Resident visa and travel conditions are expiring on say, 10/07/2015.

    1. Under emergency, if a person need to travel out of NZ say on 8/07/2015 and not able to back to NZ till 10/07/2015. He/She want to return on say later date 15/07/2015 but since travel conditions have expired but his visa not, how one can manage such a situation?

    2. If one need to travel out of NZ say on 15/07/2015, that is after travel conditions expiry, how one can do that?

    I know after expiry of travel conditions, one needs to apply for PRV or variation of travel conditions or subsequent RV, how one can tackle the emergency situations listed above?

  4. #4
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    These visas and travel conditions are NZ law, and absolute, allowing for no bending in the face of an individual's difficulties. So you can't 'tackle' situations like that, in a way that allows for sticking to your personal plans. You either have to think ahead so you have your PR, or variation of travel conditions if eligible, in place already, or else you will be stuck outside NZ, without permission to re-enter, having to go through the formalities of applying for PR or variation of travel conditions through a foreign INZ office. If you don't qualify for either one, you can't come back in. In those circumstances, your Residence would lapse, because you couldn't get back to use it. You would have to start again from the very beginning, applying under SMC and going through the whole thing of providing evidence etc., as if your previous application had never happened.

  5. #5
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    Quote Originally Posted by Monu View Post
    Thanks JandM for such a detailed response. It surely helps in clearing most of my doubts.

    However, this raises another doubt which may sound little weird but realistically possible. If someone's has attained Resident visa and travel conditions are expiring on say, 10/07/2015.

    1. Under emergency, if a person need to travel out of NZ say on 8/07/2015 and not able to back to NZ till 10/07/2015. He/She want to return on say later date 15/07/2015 but since travel conditions have expired but his visa not, how one can manage such a situation?

    2. If one need to travel out of NZ say on 15/07/2015, that is after travel conditions expiry, how one can do that?

    I know after expiry of travel conditions, one needs to apply for PRV or variation of travel conditions or subsequent RV, how one can tackle the emergency situations listed above?


    Have a look at this link. If there are any such exceptional situations then I would contact INZ and take their advice.

  6. #6
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    Yes, all that http://www.immigration.govt.nz/migra...quirements.htm is fair enough, but it still depends on having fulfilled the conditions before having gone out of NZ, and it can't all be done in a day or two. One HAS to plan ahead, and realize that the legal constraints apply, even if one is having a personal emergency. It's hard, but it's not personal.

  7. #7
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    Quote Originally Posted by JandM View Post
    You are muddled about all your points 1, 2 and 3.

    Your application will be checked out thoroughly by the CO - that is, all your evidence will be verified by asking other people to confirm it. When that is all done (which can take months), if it is all satisfactory, and if you don't have a job offer, then the CO will call you to arrange an interview with you. It is how the CO is impressed by your answers in the interview that make him/her decide what visa you ought to be offered. The interview is designed to find out what you know about how things work in NZ, both in your career and in society in general, to see if you would be likely to impress an employer and be quickly offered a job, and also that you are prepared to manage your life efficiently, like sorting out housing, medical care, school for children if any, etc., without being distracted by those things from your work - this is all known as 'employability'.

    If the the CO is fully satisfied, then Residence is offered. If the CO has doubts about aspects of your preparedness, you can be offered an SMC JSV (also known as deferred Residence), which gives you the right to nine months in NZ to find skilled work, and if you do, you get the Residence you originally applied for. If you appear to the CO to lack most of the necessary information, you will be refused. Here is the official information about the CO interview. http://www.immigration.govt.nz/opsmanual/43652.htm And here is an old thread with questions from the interviews. (The regulations have been the same for a long time, so don't be concerned that the early posts date back several years.) http://www.enz.org/forum/showthread.php?t=27398

    If you meet the conditions here http://www.immigration.govt.nz/opsmanual/41494.htm (having a job in NZ, or having studied in NZ at a high level), you will be given Residence, as you had stated in part yourself. I've already linked to the regulations relating to what I said just above, in case the person does not have a job offer and has to have a CO interview.

    There is no such thing as Residence which expires. Residence, while a person is within NZ, can last for ever. It is issued with two years' travel conditions, which allow a person to go from NZ and return as many times as they wish during that time. When the travel conditions expire at the end of the two years, if the person is going to want to continue to come and go freely, they need to have qualified for Permanent Residence, which is a totally different visa. It is granted to those who have demonstrated commitment to NZ, and have held Residence for a minimum of two years. The requirements are here. http://www.immigration.govt.nz/migra...quirements.htm

    Hi Jand M, as per your words "having studied in NZ at a high level". Please let me know whether it is level is 7 or 8 or 9 or 10. Thanks

  8. #8
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    Hi Jand M,

    As per your words "having studied in NZ at a high level".

    Please let me know whether it is level 7 or 8 or 9 or Level 10.

    Thanks

  9. #9
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    See the link. http://onlineservices.immigration.go...nual/41494.htm

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