Results 1 to 4 of 4

Thread: Essential work visa and EOI

  1. #1
    Join Date
    Jun 2016
    Location
    New Zealand
    Posts
    7

    Default Essential work visa and EOI

    Hi good day to everyone. I am a nurse and was given a job offer to start on June 15. I already applied for SMC and essential work visa simultaneously. My problem is they asking for Labor market test, I have applied by using an expression of interest in their website and they have provided me an Employer supplementary form as well but havent attached any forms of advertisement. Is it possible to use their webistes careers section as a sign of advertisement? My EOI was also already selected but havent received an ITA yet. I have already emailed my employer the immigration letter and havent received any response yet since I just emailed a few hours ago. They also send me this in their mail. Am I entitled for the catergory 5 exemption?

    WK2.5.15 Determining an Essential Skills work visa application where an
    applicant is awaiting a Skilled Migrant Category decision
    a. Despite WK2.5.5(a)(ii), an applicant may be granted an Essential Skills work
    visa, valid for 12 months, without an immigration officer being satisfied that there
    are no New Zealand citizens or residence class visa holders available to do the
    work offered if:
    i. they currently hold a temporary work visa; and
    ii. they have applied for an Essential Skills work visa to continue working in
    the role they currently hold; and
    iii. they meet all other requirements of Essential Skills work visa instructions;
    and
    iv. they have been issued an Invitation to Apply under the Skilled Migrant
    Category and retain the ability to apply (see SM4.1), or have made an application for residence under the Skilled Migrant Category and that
    application has not yet been completed; and
    v. their Expression of Interest was selected in part on the basis of points
    claimed for skilled employment in the role they currently hold.

    b. One further Essential Skills work visa, valid for six months, may be granted in
    exceptional circumstances to an applicant who continues to meet the requirements
    of(a) above.

    Any advice will be helpful since I want to start on time by June 15 incase I have to adjust or wait for my employers response regarding this. TIA.
    Last edited by laboRN; 9th June 2016 at 07:22 PM.

  2. #2
    Join Date
    Jun 2016
    Location
    New Zealand
    Posts
    7

    Default

    Help please

  3. #3
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    I have seen your question, but don't know an answer to give you. I think you will have to wait till you have a reply from the employer. Also, INZ will need to pronounce on whether a job OFFER, which hasn't yet been put into practice because you're waiting for the visa, can be said to be a job that is already held.

    One thing that comes to mind on reading your post is that you are very unlikely to be able to start work on 15th June. Any NZ employer offering a job to a foreign worker knows that they have to wait for the visa to come through, and that neither they nor the worker can expect to start work without it, or they would be breaking the law. Processing the visa takes the time that it takes. The employer can say when they would LIKE the worker to begin, but can't dictate it. INZ are in control.

  4. #4
    Join Date
    Jun 2016
    Location
    New Zealand
    Posts
    7

    Default

    Thanks for answering because I am a bit confused as I have also provided in my cover letter that my EOI was already selected and will be waiting for ITA. But it also says in clause 5 that they could provide me a 12 months essential work visa as my EOi is already selected. I was just wondering if the posting for vacancy needs to be on major sites like trademe,seek,indeed? Because I just applied on their careers website and I am not sure if it not considered as an advertisement.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •