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Thread: Working Visa Dilemma (urgent problem)

  1. #1
    Join Date
    Aug 2016
    Location
    hastings new zealand
    Posts
    4

    Default Working Visa Dilemma (urgent problem)

    Hi everyone!

    I badly need your advise regarding my visa application.
    I am presently holding a visitor visa which will expire this September 4, 2016.
    I had applied for a working visa already which I have submitted since August 1 which i am still waiting.
    However, my employer urgently needs me to start already and gave me a deadline until this week or
    else she has to let me go. I explained to her beforehand about the processing time of 23 days yet she
    was persistent about giving me the deadline. I called the immigration hotline to ask for advise and they just
    said that i need to upload a cover letter explaining the urgency of the documents to process which i did but did not assure me that it will be granted. I even pleaded to them about my situation but they just advised me to wait.
    Now these are the questions that i need some clarification.
    1. In the event that my employer will let go of me, will my application of working visa be nullified as well or there will still be a chance that it will be approve still?

    2. Can i call the hamilton branch of immigration to follow up my documents where they are being lodged or it's not advisable since i called many times already the hotline number of INZ?

    3. Can i ask for a compensation from my employer if they decided to let me go since i did pay for my working visa application of 300 nzd?

    4. Will the immigration give me time to process another visiting visa if the decision of my working visa application will be nullified near my visiting visa expiration of September 4?


    Thank you for answering my queries!

  2. #2
    Join Date
    Oct 2013
    Location
    New Zealand
    Posts
    2,283

    Default

    1. yes. and you are obliged to advise INZ that there is no longer a job offer
    2.if you are in hastings or that is where your job offer is, then application will most likely be in Palmerston North
    3.NO
    4.if your visa has expired at the timne a decision is made on your application, then that will be the end of the matter.

    The fact that your employer is not willing to extend the offer is perhaps an indication that a labour market test could not be met and there are perhaps others (NZers) available, or able to be trained for the role?

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

    Default

    1. If the job offer is withdrawn, that will nullify your application, because the work visa is tied to a specific job.

    2. It's right to be sensitive about not calling too often, but you are in a tight situation, so it's understandable.

    3. I doubt you would get anywhere with that idea. The boss is being rather unfair, but there's nothing about that in law.

    4. If this happens, provided you lodge another application (for a visitor's visa, or another work visa if you had meantime had another job offer) while your existing visa is still in force, INZ will automatically issue you with an Interim Visa https://www.immigration.govt.nz/new-...isa-conditions to cover you while your new application is being processed.

  4. #4
    Join Date
    Aug 2016
    Location
    hastings new zealand
    Posts
    4

    Default

    thanks JandM and ChrisMwn for answering my queries. highly appreciate it.

    I just find it unfair in my part that i have invested my time, effort and money for the job offer yet they will let me go in the middle of my application. They should have not given me the offer in the first place if they are in a hurry knowing my current situation. Anyways, thats just my frustration right now. My application was lodge at the hamilton branch since that is where my workplace is located. i plan to call the hamilton branch tomorrow to possibly have a clear idea bout my application. Can i apply for another visiting visa while waiting for the result of my current working visa application or should i process one visa at a time? Thanks again guys!

  5. #5
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    I just find it unfair in my part that i have invested my time, effort and money for the job offer yet they will let me go in the middle of my application. They should have not given me the offer in the first place if they are in a hurry knowing my current situation. Anyways, thats just my frustration right now.
    Yes, it's unfair, and there's not a thing you can do about it. Try to set it aside.

    It might be worth considering how you will feel if the work visa comes through in time, and you end up working for this employer.

    There is no advantage in applying for another visitor's visa until you know if you still have a job offer. If the employer withdraws the job offer this week, as she has said, you still have plenty of time to tell INZ, and get your application for the visitor's visa in before the present one finishes. Like I said before, INZ will automatically give you an Interim visa to keep you legal, as long as your fresh application is lodged befor the present one runs out.

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