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Thread: Work Visa Confusion! please help :)

  1. #1
    Join Date
    Dec 2015
    Location
    Malaysia
    Posts
    133

    Default Work Visa Confusion! please help :)

    Hi friends,
    this is my first post on this fourm and i m little confused in my case so i heartly appreciate any ideas and suggestions!
    I completed two years of study level 5/6 business management and currently m on job search visa and working as a duty manager in a retail store. i m about to extend my visa as its about to expire in few month. and i also talked to my employer for employer assisted visa and also we have got no retail manager this moment, so i m likely get to get that position.
    my question is do i have to extend my visa on duty manager first and after few months convert to retail manager (as its a skilled job list) or can i directly apply through retail manager position ? and later start my residency phase.
    also, what is the minimum wage requirement to get residency required to apply through retail manager ?

    as i m just about to start my employer assisted visa, is it the wrong period to start the residency process as well (if incase i get manager visa) ??

    any any any coments are heartly appreciated! :)

  2. #2
    Join Date
    Feb 2008
    Posts
    37,810

    Default

    Hello.

    Probably the easiest thing at the moment, for you, is to go ahead with the employer-assisted post-study work visa. And yes, you must apply stating the job you have got. INZ don't ever work on things that are due to happen in the future (because they know from experience that it can often happen that something occurs to prevent an honestly held intention). If in a few months you are appointed as retail manager, first, you will need to update INZ (new job, same employer), and then at that stage, you will have plenty of time to work on your application for Residence, in full knowledge of your contract.

    When it comes to getting the promoted position, the qualification required by INZ for a residence visa is stated here http://skillshortages.immigration.go...anager-general (click on the green bar). So your NZ qualification should meet that standard perfectly. Then INZ will want to see that the details of your responsibilities match what is said under ANZSCO as perfectly as possible. http://www.abs.gov.au/ausstats/abs@....etail+Managers This is something you will be able to discuss with your employer when the time comes for setting up the new job. Recently, there have been several people on the forum who have not been granted residence as retail managers because, although their job title matched, they did not have all the responsibilities required for an ANZSCO match - it's common in a small business for the owner to do some of these tasks him/herself, and not let their employed manager take them on.

    On the question of your salary, no actual figure is quoted, but INZ check to see that what you get paid is in line with the normal rate for someone in that area of NZ doing that job, to make sure it is a genuinely skilled position.
    Note: To determine whether an offer of employment is skilled, an immigration officer may consider whether the remuneration offered for the position is comparable to the market rate for New Zealand workers in that occupation.
    http://www.immigration.govt.nz/opsmanual/30549.htm

  3. #3
    Join Date
    Dec 2015
    Location
    Malaysia
    Posts
    133

    Default

    thank you soo much JandM, i heartly appreciate your response.

    and sorry for the small confusion as well. I m working on a retail store as a duty manager and my confusion is shall i apply my new post study work visa with the duty manager position or will it be good for me to apply through retail manager position if they are happy to give me promotion now.
    and my biggest confusion is, i m expecting that if i can start my work visa directly with retail manager position then i can be able to through SMC.
    please advice.

  4. #4
    Join Date
    Feb 2008
    Posts
    37,810

    Default

    Yes, I realized that. My answer is just my thinking on which is likely to be the easiest way through the situation for you.

    If you are given promotion right away, you still have to notify INZ of the change.

    If you apply for post-study employer assisted visa, with WHICHEVER job title, there are MANY fewer formalities than for SMC, and you can quickly get a visa that keeps you legally working in NZ. This would give you time to deal with all the paperwork for SMC with no rush.

    You are allowed to put in your EOI at any time - you don't have to wait till near the end of whatever visa you are on.

    If you got your promotion to retail manager really soon - say, next week - and decided to apply for residence under SMC, it is unlikely to come through in 'a few months', the time you say it is till your present visa expires. You would still have to put in for a new work visa.

    So whatever happens, you are likely to have to apply for two visas - the employer-assisted work visa AND residence under SMC. The only question is, which way round. People who go for SMC first tend to get tense, thinking, 'Is it going to come through in time before my old visa expires? Is it? Is it? Is it? Oh, it isn't. Now for my work visa application - is it going to come through in time?' and so on. People who get a work visa, with two years legal living and working ahead of them, may still get A BIT tense waiting for INZ to reply about their other application for SMC residence, but at least they haven't got the worry of an expiring visa which might leave them not allowed to work while it's sorted out.

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