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Thread: Work Visa Help

  1. #1
    Join Date
    Oct 2016
    Location
    New Zealand
    Posts
    6

    Question Work Visa Help

    Hi Guys .. long time lurker first time poster here.
    I require some help with regards to applying for a work visa.
    My history is a bit varied so this make take a while:

    Timeline:
    June 2013 - Moved to NZ on student visa to join my patner here and moved in with my patner in city A.
    July 2014 - Completed my Level 7 Graduate Diploma in IT.
    October 2014 - Patner moved to city B for work and secured a fulltime job in her field. I continued worked a part time job in city A.
    April 2015 - I had not yet secured a fulltime job so applied for a patnership based visa.
    Later in April 2015 - Got a fulltime job in city C and soon after recieved my renewed open 1 yearwork visa based on patnership (We kept a lot of proof of staying together and visiting each other during the time) so didn't bother applying for a new Visa.
    Both of us wanted to get some experince in our jobs as it took us a long time to find them before we moved together.
    March 2016- Just when i was about to apply for my work visa based on my job i was job situation changed went from full-time to casual(company board fight was being potentially being liquidated). So reapplied for patnership based visa and got one in May 2016
    June 2016 - Company was bought over and the new owners offered my full-time employment and willing to support any Visa I apply for.

    Long story short me and my partner are fed up of living in different cities and would like to move in together in the same city finally. So i am going to apply for a Work Visa but I'm not sure which one I qualify for.

    I work as a web developer and currently earn 52000k anually. I have just about 2 years work experience.
    Since i got a job as my company was bought over, my job was not advertised.

    Although my job is on the Long Term Skill Shortage List I don't think i qualify for that work visa as i have less than the required minimum of 3 years experience. I'm not sure if I would be successful with a Essential Skill Work Visa either as my job was not advertised.

    Also my patners job is not on any shortage list and she works in a small city where I cannot get a job in my field.

    Please help me with my possible options.


    EDIT: Also We qualify for SMC residency with over 200 points but are both overweight(I was over 44 BMI) and working on getting that down before we apply(I have lost 30kgs in the past 3 months 20 more to go)
    Last edited by Biggie; 17th October 2016 at 06:40 PM.

  2. #2
    Join Date
    Oct 2016
    Location
    Hamilton
    Posts
    34

    Default

    Just a quick question, when does your current visa expire? May 2017? You're on track to proceed with residency under the skilled migrant category next year, assuming that this is enough time for you both to meet the health requirement.

  3. #3
    Join Date
    Oct 2016
    Location
    New Zealand
    Posts
    6

    Default

    Current Visa Expires in March 2017 But we would prefer not to wait for the Residency Visa which from what i have read takes anywhere from 6-12 months. Hence I was hoping to applying for a work visa myself and patnership visa for her and we can finally live in the same place again after 2 odd years.

  4. #4
    Join Date
    Oct 2016
    Location
    Hamilton
    Posts
    34

    Default

    Right, got it. Indeed the Long Term Skill Shortage work visa does not apply until you have three years of experience. Your only option is the Essential Skills Work Visa where your employer will need to prove that there are no New Zealanders available to do the job, or able to be trained sufficiently. This is assuming you want the open work visa for your partner. Alternatively if your employer is willing to support your application, they could request an Approval in Principle to recruit from overseas; this is quite an undertaking for your employer though. Perhaps they would be wanting to do this anyway?

  5. #5
    Join Date
    Oct 2016
    Location
    New Zealand
    Posts
    6

    Default

    Thanks @Lim McDowall.

    I spoke to my employer and as I mentioned earlier, as my previous company was liquidated and bought over by present company and I was hired based of my experience and body of work with previous company, my position was never advertised.

    I spoke to someone on the immigration helpline explaining my current situation, they said that they still needed proof of advertising the position and if nz applicants were truly not suitable and this could now be done retrospectively. So currently my employer is putting out an ad for my position on trademe for the same.

    Another question I had was if I apply with and EOI for SMC and get a ITA (along with my partner's job and qualification, I conservatively get 200 odd points), and then apply for a essential skill work visa would I still require proof of advertising and such ? I read it is exempt in such a case.

    TIA
    Last edited by Biggie; 20th October 2016 at 07:39 AM.

  6. #6
    Join Date
    Feb 2008
    Posts
    37,125

    Default

    No. If an ITA has been issued on the basis of a skilled job, getting an Essential Skills visa for that same job does not require a labour market test. http://onlineservices.immigration.go...nual/45676.htm WK2.5.15

  7. #7
    Join Date
    Oct 2016
    Location
    New Zealand
    Posts
    6

    Default

    Awesome.. Thank you for confirming that JandM.

    Follow-up question .. what if I get a ITA based on my job and then apply for Essential skills visa and am successful with that as well but then don't go ahead applying for ITA (In case I don't think I haven't reduced enough to meet the health assessment BMI requirements). Would this affect my Essential skiils Work Visa in any way ?

    I apologise for so many questions.

  8. #8
    Join Date
    Feb 2008
    Posts
    37,125

    Default

    Somebody eagle-eyed at INZ could pick up the fact that, in that case, you would not have fulfilled the proper requirements for the Essential Skills visa. But I don't know what they would do about it.

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