Essential skills Work Visa help!

[hznry]

Hi everyone

I recently applied for Work visa under Essential skills category. I have a permanent full time contract with a big government agency (they are also an accredited employer), started work in October, although before this position I was a fixed term third party contractor for this agency for 5 months. My current job title is only lv4 ANZSCO. I recently graduated from UoA with Bachelor of Commerce (Accounting and Finance), currently on open work visa till March 2016.

I attached job offer, job description, employment agreement, supporting letter from employer and employer supplementary form, evidence of membership of a professional accounting body, etc. basically every types of documents required that I can think of. On my supporting letter my employer also stated they've posted job adverts on various channels also on website that WINZ clients can have access to and also explaining how the recruitment process went.

2 days ago they sent me a document which read unfavourable labour market check, saying there are NZ citizens/residents can take up my job offer and my application may be declined. I'm extremely worried about my chance of getting a work visa right now. Could you please help to explain what else could I provide to them to support my case?
I wrote a letter explaining my long term plan in NZ and that i also have been in a stable relationship with a NZ resident for over 7 months, but I don't think this would have any impact.

Thanks very much in advance.

[JandM]

All this depends on what your employer told INZ, and how it fits in with the regulations WK2.10, WK2.11 and WK2.15, see the links from this page. http://www.immigration.govt.nz/opsmanual/34501.htm There is nothing that you yourself can do about this, except try to check what your employer provided, and, if they will allow you to, to help with any extra information or amendments that you think might swing the case.

What you actually WANT will not help, as you suspect. Applying for visas is all a matter of presenting your personal circumstances in a way that INZ can see fits with the regulations that they have to work by.

You mention about your relationship with a NZ resident. If you are a live-in partner, this could be a means of getting you a visa to continue in your job. http://www.immigration.govt.nz/migra...milystream.htm It would be a separate application, based entirely on evidence that you are living together (and you need about three months' evidence), not having regard to your skills and qualifications at all. So this is a possible next move, if you need one. You have time to get an application together before your current visa expires.

[l00k]

Why did you have to apply under Essential skill scheme?
You mentioned that you are a recent graduate of Auckland University and currently on an open work visa. It enables you to apply for an employer-assisted work visa (2 years). The only requirement of this visa is that your UoA qualification is relevant to your job offer. There is no need for a labour market test.
http://www.immigration.govt.nz/opsmanual/45663.htm

[hznry]

Hi l00K

Because my job title is Collections Officer which is only level 4 in ANZSCO and not directly relevant to my qualification so I don't think it will be possible to apply under that category...

[l00k]

It's not the job title that matters.
It's the specific duties on the job description that determine the case.
A job offer is considered to be relevant to the qualification if it makes use of the knowledge you gained from your studies. For example, if you study Accounting and Finance, and your job duties include accounting operation, tax returns, business management report, examination of income and expenses, then it will be ok.
Otherwise you should talk to HR and get promoted to a higher role with a job description that is relevant to your degree. Do it when it's not too late. You have until March 2016 to action.
This category is always much easier to proceed compared to essential skills.

[ChrisMwn]

Hi l00K

Because my job title is Collections Officer which is only level 4 in ANZSCO and not directly relevant to my qualification so I don't think it will be possible to apply under that category...

Of course it's relevant. It might not get you points in an SMC application . Everyone has to start somewhere!

[hznry]

It's not the job title that matters.
It's the specific duties on the job description that determine the case.
A job offer is considered to be relevant to the qualification if it makes use of the knowledge you gained from your studies. For example, if you study Accounting and Finance, and your job duties include accounting operation, tax returns, business management report, examination of income and expenses, then it will be ok.
Otherwise you should talk to HR and get promoted to a higher role with a job description that is relevant to your degree. Do it when it's not too late. You have until March 2016 to action.
This category is always much easier to proceed compared to essential skills.

Thank you. Can I ask is it possible to apply for another application under Post study Employer assisted category straight after this one? Or I will have to wait for some time? And will the result of my current application affect the result of my next one if I apply under different category?

[JandM]

Yes, you can apply straight away. And no, this case will not affect any future application, because each one is judged according to whether or not it meets the regulations.

[hznry]

I just looked through the opsmanual of this category
http://www.immigration.govt.nz/opsmanual/41527.htm
It says
1. the major subject area and level of the principal applicant's recognised qualification is directly applicable to the employment: I'm not sure whether I can be able to satisfy this because based on the job advertisement it doesn't specify any requirement for a degree, however the job is somewhat relevant because I work with tax returns on daily basis. Also in the accountability expectations section in the job expectation document, the expected tasks specified are pretty much related to the analysis and application of tax laws and legislations, which I also covered in university. However these things don't show on paper and as clear as black and white, do you think I have to write a letter to explain the relevancy of my tasks to the qualification, or the CO will see how they fit themselves and have their own judgement on that? Or should I have my employer or manager write a letter to support and/or clarify this?

2. the immigration officer is satisfied that the qualification was a key factor in the employer's decision to employ the principal applicant in that position.
Does my employer have to write a letter stating they made the decision to hire based on my qualification and experience? or how else can I support my case with this one would you advise?

Thanks very much in advance. Sorry if I'm asking dumb questions because I'm too frustrated.

[JandM]

Please, be calm and take the time to read all the relevant information. At the moment, you are almost sounding as though you WANT it to be impossible to get this visa - whereas, as previous posters have told you, it is almost certainly going to be very straightforward.

Your employer has to complete and supply this form http://www.immigration.govt.nz/NR/rd.../0/INZ1113.pdf to INZ (as you will see here http://www.immigration.govt.nz/migra...y/studytowork/), and it covers the points you have raised in your last post. Notice, that form is a multi-purpose one, and in the case of a Post-Study Work Visa, there are parts, including that about the labour market test, that do NOT apply. Talk it all through with your employer when you have read up about the necessary details. He wants you enough to have given you a permanent job, so I'm sure he will be willing to put his evidence in the best possible way to make it easy for INZ.

This page may also be of use. http://www.immigration.govt.nz/NR/rd...0/INZC3116.pdf