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Thread: work visa approved for 1 year, residency declined, now waiting for decision on second work visa

  1. #1
    Join Date
    Oct 2015
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    New Zealand
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    Default work visa approved for 1 year, residency declined, now waiting for decision on second work visa

    I applied for a work visa and a residency visa in June 2014. I was given the work visa after 1.5 months but for 1 year only. It took 6 months before my case officer of the residency visa contacted me. Unfortunately the residency visa got declined due to not having enough salary. I applied for another work visa for when the first one expired. I am currently on an interim visa which became active end July. I am worried that the work visa will get declined at the last minute because Immigration can see in my file that my residency visa got declined. Has anyone been in this situation?

  2. #2
    Join Date
    Feb 2008
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    37,835

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    As you had the first work visa for this same job, if the conditions still meet the regulations, there's no reason why you shouldn't get another one. Getting the residence visa declined only on the issue of salary is not anything that will have a bearing on the grant of the work visa.

    Is it an Essential Skills work visa you have applied for?

  3. #3
    Join Date
    Oct 2015
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    New Zealand
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    Both work visa applications were for the same job with the same hours, the same salary, the same job description. Both work visa applications were Essential Skills work visas.

  4. #4
    Join Date
    Feb 2008
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    That's good, as there's no question of a labour market test. It should be fine.

    And if in due course you get a raise, there's no reason why you shouldn't get Residence, either, if that was the only reason for refusal. One 'no' doesn't mean you can't ever get a 'yes', if conditions change.

  5. #5
    Join Date
    Oct 2015
    Location
    New Zealand
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    I heard back from Immigration:

    "As your occupation is not included on the current Long Term Skill Shortage List or Immediate Skill Shortage List, we forwarded your offer of employment including salary, employment location, core duties and responsibilities to the Ministry of Social Development, Work and Income (MSD) and requested that they undertake a labour market check. MSD’s response is that there are currently New Zealand citizens or residents who are registered locally for the type of work offered to you and they have suitable people registered with them who could be trained to do the type of work offered to you.
    As the issues detailed above may affect the outcome of your application, we are bringing them to your attention out of fairness to you. We have not made a decision on your application at this stage. This letter gives you the opportunity to make any comments and submit any additional evidence or information in relation to these issues."

    I have until 07 November to give them extra info. My boss had already given Immigration a summary of the qualities of the interviewed applicants for my job and also given them a letter of support.". This worked with my first visa but not with this one.

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