Transitioning from Working Holiday Visa to Visitor Visa while Work Visa is processed?

[FromAtoB]

Hello Everyone,

My girlfriend came to New Zealand on mid Feb on a working holiday visa. She got a 12 month contract and her employer intends to offer her a new skilled position for a year

She intends to apply for the essential skills visa, however because of bureaucracy at her workplace, the position hasnt been advertised, nor has the recruitment process begun (they will recruit for a few people for this position, with my girlfriend being one of the pre-approved candidates).

By the time all the conditions of the job ad (up for at least two weeks) and the recruitment process (interviews & applicants) are done, she'll have one or two days left to submit her essential skills application before her WHV expires, leaving her with too little time to gain consideration for any interim visa.

She´s considering submiting her Essential Skills Visa Application, leaving New Zealand just before her visa expires, going to Australia for a few days and coming back to New Zealand with a visitor visa, just to wait for her visa to be processed.

Is this something she could do? Is there any other way around it?

I appreciate any and all the help we can get.

[JandM]

leaving her with too little time to gain consideration for any interim visa.

I don't think that is correct. As I understand it, as long as the application for another temporary visa is lodged while the person still has a valid visa in force, INZ can issue them with an interim visa.

If in doubt, talk to INZ about that. This isn't a situation where your girlfriend needs to try to work ROUND the rules. She can ask straight out, and get the official picture.

She´s considering submiting her Essential Skills Visa Application, leaving New Zealand just before her visa expires, going to Australia for a few days and coming back to New Zealand with a visitor visa, just to wait for her visa to be processed.

She could have a lot of difficulty trying to re-enter NZ as a visitor immediately after a year-long WHV has expired. Officials at the airport home in on that kind of profile, as being likely to show a person who is trying to get away with overstaying. Foreigners on visitors' visas aren't expected to spend more than half their time in NZ, and there is a 'visitor' angle to the WHV, so there is the feeling, 'Why is this person trying to come back in as a visitor, straight after she's just been here for a year? What can she have to do that she didn't already do in a year?' A visitor's visa is for really visiting - that is, spending a set time, after which the person will go back to their home base somewhere else - and is not a stop-gap for use if a person hasn't yet been covered for what they want to do by a more appropriate visa, not unless INZ issue it in full knowledge of what else is going on in that person's life.

Another point. Is the job your girlfriend is being offered a skilled one? If it appears on any of the INZ essential skills in demand lists, she would not need to wait for labour market tests, but could be appointed directly. This is what INZ tells employers about that. https://www.immigration.govt.nz/empl...al-skills-visa

[ChrisMwn]

If you are in a relationship, are you living together? Have you considered a partnership based application?

[ChrisMwn]

I don't think that is correct. As I understand it, as long as the application for another temporary visa is lodged while the person still has a valid visa in force, INZ can issue them with an interim visa.

[FromAtoB]

I don't think that is correct. As I understand it, as long as the application for another temporary visa is lodged while the person still has a valid visa in force, INZ can issue them with an interim visa.

How long does it usually take for them to issue an interim visa? As she should be submitting her application two days before her visa ran out...

If in doubt, talk to INZ about that. This isn't a situation where your girlfriend needs to try to work ROUND the rules. She can ask straight out, and get the official picture.

Apologies for the wording; we're happy to go by the book but time is of the essence and if it's not possible for her to get an interim visa she'd be happy to go home while the visa gets processed, but the cost of booking her flights now vs. two days before traveling is what concerns us.

Another point. Is the job your girlfriend is being offered a skilled one? If it appears on any of the INZ essential skills in demand lists, she would not need to wait for labour market tests, but could be appointed directly. This is what INZ tells employers about that. https://www.immigration.govt.nz/empl...al-skills-visa

The position they have offered is skilled but its not on the long term demand list.

If you are in a relationship, are you living together? Have you considered a partnership based application?

We have been in a long term relationship and we live together, however I'm on an accredited employers, so im unsure which option would she have, as well as whether processing time would any quicker.

Thanks for your support!

[JandM]

We have been in a long term relationship and we live together, however I'm on an accredited employers, so im unsure which option would she have, as well as whether processing time would any quicker.

This. https://www.immigration.govt.nz/new-...s-visitor-visa No need to give any information about her job - only to prove her relationship with you. And the application could be made immediately, therefore, with no need to wait for action on the part of the employer. See the Criteria on the next page (click button near the bottom of that link), and also old threads about partnership evidence, for discussion and examples. https://www.google.co.uk/#q=site:enz...tnership+proof Processing is a month or two, usually, but again, once the application is made, INZ can issue an interim visa to keep her legal while processing is happening.

How long does it usually take for them to issue an interim visa? As she should be submitting her application two days before her visa ran out..

I think you are misunderstanding the situation with interim visas. The applicant is covered as soon as INZ is issuing one - it doesn't have to have been done on the very day their old visa expires. ChrisMwn the LIA says he has known of interim visas being issued up to 10 days after expiry of the old one, but the applicant didn't have to leave NZ. The whole point of interim visas is that that situation should not need to arise. Again, for reassurance, talk to INZ.

In any case, it looks as though you MAY not have to wait till such close times to put in an application.

[FromAtoB]

Thank you for all of your support.

As an update, we have submitted the relevant documentation for the Partnership visa (which shouldnt be too complicated as we have been together for +5 years and have been living together for a year). Her visa expires in a couple of weeks so we're hoping to hear back from them soon, and probably give them a call one week before visa is due just to make sure we're covered.

Seeing how an essential skills work visa may be processed much more quickly than a partnership visa, and to minimise the time she would not be working (as I doubt an interim visa would grant her working rights since shes on a WHV), would it be advisable for her to keep her application for an essential skills work visa? The job ad has been already posted and the interviewing process has already begun.

Does it make any difference? Thanks again.

[JandM]

What partnership visa have you put in for? If it's a work visa, it can probably be processed more quickly than essential skills.

[FromAtoB]

What partnership visa have you put in for? If it's a work visa, it can probably be processed more quickly than essential skills.

We applied for a "Partner of a Worker Work Visa". She submit her application & passport at an immigration New Zealand mailbox, and got an e-mail acknowledging the application friday afternoon.

Does this mean that she will remain lawlful (through an interim visa) once her WHV expires at the end of next week, or does she need to do call immigration new zealand to inform of her situation?

Thanks!

[JandM]

The interim visa should be issued automatically, now she has had notification that her application has been lodged.