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Thread: Current Work Visa Due to Expire

  1. #1
    Join Date
    Sep 2016
    Location
    New Zealand
    Posts
    9

    Default Current Work Visa Due to Expire

    Hi There,

    Just a quick question - my current work visa is due to expire soon. I currently have an SMC Residence application pending, however the Case Officer contacted me yesterday asking me for some further information. My concern is that my residence application is not likely to be processed before my current Visa expires.

    If I apply for an Essential Skills online, is it likely to be approved to allow me to continue to work even if a case officer is carrying out verification work on my application? or is there a chance I could pay for an Essential Skills and that be rejected if my residence application is nearing completion?

    Thanks in Advance.

  2. #2
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    What kind of visa is your current one?

  3. #3
    Join Date
    Sep 2016
    Location
    New Zealand
    Posts
    9

    Default

    Work Visa - it was based on my partners Essential Skills Visa.

  4. #4
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    So INZ haven't assessed your work before.

    If time is really getting short, you are probably going to have to put in for this Essential Skills to keep yourself legal - INZ can issue an interim visa if they haven't finished processing a temporary visa before the previous visa runs out, but they can't do that for a Residence application. But they will have to make sure that your job fulfils the requirements. https://www.immigration.govt.nz/new-...ills-work-visa One thing you and your employer WON'T have to do is the labour market test, because of WK2.5.15 here. http://onlineservices.immigration.go...nual/45676.htm

    I can't tell you if INZ are going to find that your job meets the requirements for either visa.

    One thing you need to notice - if the time on your present visa is so short that they can't process the Essential Skills visa before it runs out, the Interim visa you get issued with will allow you to stay on in NZ, but will not allow you to work. This is because you would not be applying for the same kind of visa as the one you already have. You are going from work visa (open) to work visa (employer specific), so you would have visitor rights. See here. https://www.immigration.govt.nz/new-...isa-conditions

    If you were able to apply for another partner-sponsored temporary work visa, in that case any interim visa would give you the right to work, because you would be applying for the same kind of visa as you had already.

  5. #5
    Join Date
    Sep 2016
    Location
    New Zealand
    Posts
    9

    Default

    Thanks for your help JandM - you're amazing!

    Just one last thing what do you mean by Job fulfilling the requirements?

    The company is Kiwibank and its a Programme Coordinator (ANZSCO Skill Level 2) role.

  6. #6
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    "Job fulfilling the requirements" - well, as you can see from that link, particularly if you click on the button for Criteria near the bottom of the page, and then see Evidence under the various headings, INZ have got requirements for Essential Skills. And as you well know, the COs have their list of information that they have to tick off when processing a visa. The CO you get for the new application will be doing that, too.

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