How are people getting temporary work visas?

[abulia]

Hello all,

I have posted before about applying for a temporary work visa on the LTSSL, but the more I think about it, the more I think that I'd be very likely to be declined. I spoke to someone with immigration and he basically shrugged me off and told me it didn't sound like my job is on the LTSSL.

I'm in the country on a WHV and my employer (a government department) wants to offer me another contract. I don't feel the need to apply for residency or anything, I'd just like to stay another year. It sounds very difficult to prove you can't find a kiwi to do the job - even though my office DOES have a hard time attracting skilled people, due to its extremely remote location. I'm actually the only person in my office who has a degree!

But I hear all the time about less skilled people getting temporary work visas (including lots of news stories lately about witch doctors and fortunetellers??) ... If they can get a visa, there must be a way I can? But the guy I spoke to basically told me I'm SOL. What am I missing?

[JandM]

Somebody answering the phone for INZ is just a human FAQ, working from a computer database of answers, not one of the experienced case workers. The answer you get depends entirely on which bit of the database they happen to call up with whatever key words they happen to enter. It is not the definitive ruling. You'll never know if you can get a visa based on LTSSL, or on the labour market test, without actually trying.

As to whether or not your employer could show they'd tried and failed to get a NZ worker, the fact of the extremely remote location can factor into that.

[abulia]

Thanks. I think I'll try going the route of showing they couldn't find a NZ worker... considering none of the local staff have a science degree it may help show they can't train someone else to do the job too, right?

Do you happen to know if the job offer has to be for a minimum term (e.g. one year, two years...)? Things have been changing fast in the organization and I've been on rolling 3 month contracts... but my employer is open to offering me a longer term contact to keep me around.

[JandM]

It's not as easy as what you and the employer THINK - certain actions have to have been gone through. Here are the regulations. http://www.immigration.govt.nz/opsmanual/45981.htm They would have to advertise your job out from under you. I can't help thinking that showing it fits LTSSL might be more straightforward.

As for length of time, it needs to be either permanent (so, no end time in view), or for a fixed time and you're applying for a visa for that amount of time. http://www.immigration.govt.nz/opsmanual/45981.htm

With the employer being a government department, I wonder, are they perhaps an accredited employer? Then you wouldn't need LTSSL or the labour market test.

[abulia]

Just looked at the accredited employer list, and unfortunately it doesn't appear to be on there (Department of Conservation). Ahhh how frustrating. I guess there's nothing to do but give it a try and hope for the best.

While the job I'm being offered (and am currently in) should qualify as an "Environmental Research Scientist", my previous experience in Canada was as a field technician or research assistant, so I doubt they'd count it. By the time my current visa expires I'll have been in this position for almost a year, but they require 2 years.

[JandM]

Not all accredited employers are on the list (because they don't want to attract loads of applications when they don't have any vacancies), so it could be worth asking your employer if they are.

About your previous job title, it doesn't matter what it was if the description of the work you did would match up. Any hope?

It says one year's experience here. http://skillshortages.immigration.go...rch-scientist/

[abulia]

Ah interesting - nobody in my office has any idea about accreditation so I'll do some asking around higher up.

The work description is general enough that it may just work out. That leaves the question of whether my degree will be recognized. Crossing my fingers! Thanks for all your help!

[JandM]

Look what I found! http://www.doc.govt.nz/footer-links/faq/about-doc/ Under If I don't come from New Zealand can I still work for DOC, it says "DOC does have accredited employer status which means it can recruit from overseas for certain positions where there is an identified skill shortage in New Zealand." (my bolding) So the higher-ups should definitely have something to tell you.

[abulia]

Oh wow, thanks so much! Looks like I'll require a bit of a pay raise too, if the job has to pay $55K haha. But that was in the discussion already. I will be letting my boss know.