EOI with more than 140 point but no job offer

[s.Mason]

Hi guys,
I am an Engineer who lives in New Zealand for around 15 months.
Actually my partner was a student and I came to NZ with a Partnership based work visa (visa for 1 year). After that I applied for essential work visa in Canterbury region and now I have this visa for 3 years (2.5 years left). I have been working in New Zealand for 1 year but my work is not in engineering field and is not related enough to my education.
Now I have around 160 points (I should apply for Ipenz to gain their letter first but I am sure that I definitely can gain that).

Last week before applying my Expression of Interest, I consulted with a lawyer about my situation but he said that if I apply I will be rejected. because I have not found any job related to my field in this 15 months.
Honestly my main problem to find related job has been my visa type. Employers prefer to hire people with permanent work visa not temporary one (such as partnership or essential). So to find related job I need my Resident visa and to apply for this type of visa, I need related job.

Just I want to know that how much is my chance to gain this visa in this situation if I apply now.

Thanks in advance for your time and help

[JandM]

Your application would be considered on the same basis as anyone else's - how it fits into the regulations. http://www.immigration.govt.nz/opsmanual/6954.htm SM6 has a summary of available points, and the other sections give the detailed requirements for claiming those points. (Looking at the regulations here is much less likely to be misleading than the points chart on the INZ website.)

As you evidently now have a skilled job, though not formally qualified for it, the chance of getting a Residence visa on the basis of that job would seem to depend on whether the amount of experience you have in THAT line (rather than the line of work of your main qualification) is enough to stand in place of qualification - many jobs, if you look under the LTSSL green bar here http://skillshortages.immigration.govt.nz/ say something like 'or three years' experience' or 'or five years' experience'.

I realize I'm answering a question that you haven't asked, but it is possibly a line to consider.

As to the question you did ask, without knowing your previous work history and therefore, how likely you would be to impress a potential NZ employer, it's hard to have an opinion.

[s.Mason]

Thank you for your answer.
I have master degree and also 8 years' experience in chemical engineering in my country. But in nz I have been working as a process operator for one year which is not skilled job. I have a essential work visa for this job.
Now I want to apply for a residence visa in my main field (chemical engineering). As I said I have 160 point but not any skilled job yet after 15 months in nz. I am sure about gaining points and exiting from pool . I am just worried about rejection regarding unsecsseful settlement (finding related job). Thanks

[Karen Phillips]

I don't agree 100% with the lawyer you consulted. If you genuinely have more than 140 points without a job offer, you can submit and EOI, your EOI will be selected and you will be Invited to Apply. However, the question then arises as to why you didn't find suitable work and this may lead to decline since the offer of a Job Search Visa makes no sense in your situation. Are you still with your partner? Is this a route to residence for you?

[s.Mason]

Yes I am still with my partner but she is on partnership based work visa. unfortunately she can not apply for resident visa because her field is not in demand list and also she is not working now.
I agree with you, that is why I have not applied yet. in one hand I need related job to apply for resident visa and on the other hand I need this visa to find related job. I am really looking for a suitable way to solve this problem but I have not found any one yet.
To apply for resident visa first I need to pay around 1700$ to receive IPENZ letter, so applying for this visa is not free for me and I want to be sure about any chance before applying.

I am really confused because working in current position (as a process operator) decrease my chance for resident visa but with essential visa I don't have any other option.

I don't agree 100% with the lawyer you consulted. If you genuinely have more than 140 points without a job offer, you can submit and EOI, your EOI will be selected and you will be Invited to Apply. However, the question then arises as to why you didn't find suitable work and this may lead to decline since the offer of a Job Search Visa makes no sense in your situation. Are you still with your partner? Is this a route to residence for you?

[s.Mason]

Have anyone had similar situation?