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Thread: Working Holiday visa to Skilled Migrant Residence visa - panicking!

  1. #1
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    Unhappy Working Holiday visa to Skilled Migrant Residence visa - panicking!

    Hi all
    I think I have a problem. I understand there are limits to what a person can suggest or advise here... I would really appreciate your thoughts, especially if you have any similar experiences or ideas about the system. Particularly if you think I am not totally without hope of resolution.
    Please excuse the lengthy and emphatic explanation below. I simply want my story to be understood... but I have tried to pare it down to the essentials.

    When I came here on the working holiday visa back in April I only expected to be here for a year. After a few months, though, I knew I wanted to stay on and continue to learn about the culture and be a part of the sense of community this small but vibrant country has to offer. I simply love it. By the time I figured this out I was working as a temp employee for a DHB (not in Auckland) in the women's health department. I entered the fast paced, high demand administrative role with a level of confidence afforded me from years of similar employ, and beyond that my university qualifications (English) had honed my skills to make me most appropriate in such an analytical and communicative role.

    I particularly enjoyed being a member of the women's health staff, assisting the doctors to ensure the health and vitality of women and babies. In this job I was maintaining the offices of life savers. It felt impactful, even in a role that some might consider simply the management and administration of office tasks. When asked if this was something I wanted to continue doing, I realized it was. I applied for the job and was successful. I began deeper research into what I would need to do to continue my life path, living and working as I was - far beyond a year. I determined to apply for the skilled migrant residence visa (under "Office Manager"). By October my EOI had been accepted and I began collecting the various documents I would need to complete my application. A short while later a good friend of mine, hearing about how much I had grown to love New Zealand, began to look into the working holiday visa. She asked me oodles of questions about my experiences. She asked about my job, and how the working holiday visa states that you cannot have a permanent job. I was confused, as I hadn't noticed that parameter before... and I didn't really understand what it meant to my situation, but then I comforted myself that the DHB had hired me knowing I had a working holiday visa which would expire in April of 2017 but for my plans to acquire a longer term visa. I believed that because they are an accredited employer, and experienced in hiring immigrants, that surely if my accepting the role had not be authorized by immigration I would not have been allowed to continue?

    Only now that I am coming closer to the deadline to bring together all my documents (end of this month), I am becoming increasingly nervous that this is going to harm my dreams somehow. I have a home here that I furnished, and a cat. I have a job I've spent close to a year working feverishly at, riding the waves of transformation as we try to turn things around (we are struggling with doctor recruitment and retention). I have friends and responsibilities here - and while I have understood that my continued residence here would depend upon the acceptance of my application - while I knew that it was not assured, and that I would need to be prepared to leave if for some reason it did not work out - I have worked so hard to assimilate and make this my home. I have endeavored to contribute to the community and belong... I had done my research and felt certain that my qualifications and experience, coupled with my character, would be enough to earn the skilled migrant residence visa and set me further along the path to making this my permanent home.

    I don't understand why having acquired a permanent job when my circumstances (short term visa with plans to extend) were well known, would hurt my application? Doesn't it make sense that a person who wanted to become a permanent resident of NZ would accept a job with the intention of being in it permanently? Doesn't that further prove my dedication to NZ and the life and community here? I didn't trick them... my plans just evolved once I came to live here.

    I was considered the best person for the job out of those who applied, and that's knowing that I could end up having to leave it in under a year (temped from July, Hired in August, current visa expires in April). My role is such that it would cause some detriment to my department were I to suddenly leave without having trained a replacement (though I had minimal training at my start, which served as a testament to my unique qualifications when they were interviewing). I have done nothing but prove my commitment to New Zealand and the life I'm building here. I'm so scared that I may have stumbled into a situation that is going to make that time, effort, money, and emotional investment all wasted.

  2. #2
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    I think the correct path would have been to work on a temp contract and apply for residence with the job offer for a permanent contract. I'm not sure in how far not doing so would hurt your application.

  3. #3
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    I suppose I'm mostly confused about the concept/use of the word "permanent". To be honest, I feel most employment is not exactly permanent as you or your employer can generally decided to end things at just about any point. I do not believe my contract itself used the word "permanent" but it also did not specify an end date. Still, my employer knew of my work visa end and that in the case of my failed attempts to extend my visa, naturally that would be the end of my time here and employment with them.

  4. #4
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    Quote Originally Posted by arisanna View Post
    I suppose I'm mostly confused about the concept/use of the word "permanent". To be honest, I feel most employment is not exactly permanent as you or your employer can generally decided to end things at just about any point. I do not believe my contract itself used the word "permanent" but it also did not specify an end date. Still, my employer knew of my work visa end and that in the case of my failed attempts to extend my visa, naturally that would be the end of my time here and employment with them.
    The first question is what scheme(country) was your visa issued under? Different schemes have different rules.
    Your employment contract will specify if it's permanent , or for a fixed term, and whether it might too be subject to you having the lawful authority to work

  5. #5
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    Whoops! I meant to mention that it's the USA scheme WHV.
    I've read my contract (offer letter and position description) a few times now and I don't see where it says "permanent" but it is a full time (80hr/fortnight) position and it must be permanent in that there is no stated fixed period, no? But again I don't see why a permanent position would cause such an issue, as my employers are fully aware of my timeline and therefore prepared for me to not be able to work come mid-April unless I supplied them with an extended visa before then.

  6. #6
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    Ultimately I suppose I will just have to discuss all this with the NZ immigration agent assigned to my application but before I brought this to her I wanted to get a vibe from you all. Bounce it off some people with situational knowledge.
    I'm sure they've heard it all at INZ, and for every type of situation, but you never know if there was a... not a loophole exactly, but a different way of looking at the situation that would appeal to INZ best.

  7. #7
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    Quote Originally Posted by arisanna View Post
    Ultimately I suppose I will just have to discuss all this with the NZ immigration agent assigned to my application but before I brought this to her I wanted to get a vibe from you all. Bounce it off some people with situational knowledge.
    I'm sure they've heard it all at INZ, and for every type of situation, but you never know if there was a... not a loophole exactly, but a different way of looking at the situation that would appeal to INZ best.
    You need one more post to be able to PM

  8. #8
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    indeed! Happy 5th post to me

  9. #9
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