Is there is any way to change/Appeal JSV visa to Residence Visa

[ambaloch87]

Dear All forum Member, LIA , Experts,

I am writing on behalf of my friend. He is a Civil Engineer. He got JSV instead of RV. It's very hard for him to utilize JSV due to his family commitments(he has one month Baby and two other kid), there might be other reason as well but can't be disclosed.

His original application was under SMC, so my Question is , can he Appeal/way to change his visa from JSV to RV? Is there is any procedure? or No other option except to utilize this visa?

Your reply to the subject matter will be highly appreciated.

Thanks in Advance.

[JandM]

It's not what he will want to hear, but no, there's nothing to be done that can change this. The decision to offer the SMC JSV, rather than Residence, is entirely based on what the applicant says at the CO interview. Bluntly put, this option is INZ's reaction, 'You're not a yes, but here's a chance to prove me wrong if you can.'

If he takes up the offer, his own and his family's Residence visas can be granted immediately he gets the offer of a skilled job, so if he is confident that he can do this, he need not be away from them for the full nine months allowed on the visa.

[ambaloch87]

It's not what he will want to hear, but no, there's nothing to be done that can change this. The decision to offer the SMC JSV, rather than Residence, is entirely based on what the applicant says at the CO interview. Bluntly put, this option is INZ's reaction, 'You're not a yes, but here's a chance to prove me wrong if you can.'

If he takes up the offer, his own and his family's Residence visas can be granted immediately he gets the offer of a skilled job, so if he is confident that he can do this, he need not be away from them for the full nine months allowed on the visa.

Thanks alot JandM for your reply

[bsohel]

Dear JandM,
regarding to the JSV, you said he can immediately be a resident when he gets an offer. Does he need to complete his first 3 months then getting the visa or immediately inz will give him the residency?

[JandM]

He can immediately get his residence. In that situation, it will be granted with a Section 49(1) condition on it, that he must work for that same employer for three months. He can then go back to INZ when the three months are up, with proof of his pay and tax, and still employed by that employer, and they will (for free) give him another visa sticker with no conditions on it any longer. After that, he is free to change his job if he wants to (subject to the contract he has). (Visas for the wife and family would be the same - with conditions about HIS job at first, then without conditions when he has fulfilled the necessary time.)

[frostworld]

Thanks JandM,
It is better then being declined. But the initial job hunting in NZ would be too lonely.

[JandM]

Yes, of course it's hard, but it's for a reason.

The whole point of the SMC JSV is for the main applicant to go alone and concentrate all their time and resources on getting a skilled job. As soon as they do that and get their deferred Residence, then their partner and any children who were on the original SMC application get their Residence, too, and can join them.

This may seem harsh, but it was a rule change in response to what had become an even harsher problem. Under the old regulations, when a family was allowed to go with a JSV holder, they would find a home, maybe the partner, on an open visa, would find a job, and the children would settle into school. But if, in nine months, the JSV holder had NOT got a skilled job, they would all be told to leave the country. Of course, it was a heartbreaking thing for this group of people, having to tear up the life they had begun to make for themselves, and even worse if, despite all warnings, they had sold up their home in their original country and now had nothing to go back to. That is why the law is now as it is.

And that is why it is also unlikely for a partner to get a Visitor's Visa in her own right while the main applicant is there.

[tchu]

One thing your friend may consider is that there is a big if not huge difference between finding job with residency visa and finding job with job search visa in hand. Furthermore, in order to travel to NZ to find job for 9 months, your friend would most likely have to quit his current job at home. If the 9 month job search in NZ is not successful and he has to go back home, would it be easy for him to find a job equal to the previous one? How about applying similar SMC Residence visa with Australia as they would either approve or decline it straight away but not giving out such job search visa.

[JandM]

One thing your friend may consider is that there is a big if not huge difference between finding job with residency visa and finding job with job search visa in hand.

Do you have some reason for saying this?

The SMC JSV is an open work visa, which allows the holder to start at once in any job they are offered. The holder will get Residence once he shows the contract and job description for a skilled job to INZ.

[tchu]

I would encourage ambaloch87's friend to contact as many people as possible who have searched or have been searching for job in NZ with a job search visa or <= 12 moths work visa and make his own conclusion. My above opinion is from my own experience (although I myself managed to land on a permanent skilled job within the time frame) and from the sharing of multiple friends and acquaintances.