New Work Visa Application under the same employer

[kley021303]

Hello there, is there anybody here who applied for work visa under the same employer and got approved but before was declined? The employee got promoted recently so INZ declined the previous application and noted on the decline letter to re apply for a new work visa and granted a temporary visitors visa to re apply for a new one.

Please to those who have thoughts about it.Please share your experience..thanks

[JandM]

It's normal.

Any time someone from overseas applies for a work visa, the whole labour market check procedure has to be gone through to demonstrate there is not some New Zealander or NZ open or resident visa holder who could do the job, rather than giving job and visa to this foreigner. Just because that foreigner was already with the company and had been given job and visa before doesn't automatically mean that they will be given it again. When the job is advertised, if other people apply for it, the employer will have to say why 'their' worker, the one they want to give the job/promotion to, is better for the position than any of the other candidates, or what is NOT a good fit about each of the others.

[kley021303]

If its normal and if job ads and excessive attempts of advertising was done and with a complete letter of support from the employer has been provided do you think there is a possibility to get it approved this time? Also the employer prepared a letter outlining the reasons why the job was still offered to the same. Additional information. The job is Skill Level 1 and the offer is $55k per annum.Do you think theres a possibility that the visa that would be granted is 5 years? Thanks

[JandM]

You're asking me to read the future. You can see all the 'ifs' in your question, and there is a bigger IF than any of them - if INZ believe that the employer genuinely gave a fair chance to other applicants.

[fantabulousza]

It's normal.

Any time someone from overseas applies for a work visa, the whole labour market check procedure has to be gone through to demonstrate there is not some New Zealander or NZ open or resident visa holder who could do the job, rather than giving job and visa to this foreigner. Just because that foreigner was already with the company and had been given job and visa before doesn't automatically mean that they will be given it again. When the job is advertised, if other people apply for it, the employer will have to say why 'their' worker, the one they want to give the job/promotion to, is better for the position than any of the other candidates, or what is NOT a good fit about each of the others.

Hi there,

How will INZ know if the employer has or hasn't received job applications from other New Zealanders?

[JandM]

This is the procedure an employer is supposed to follow. https://www.immigration.govt.nz/empl...al-skills-visa As part of supporting someone for an Essential Skills visa, the employer will have to show evidence that he has done it.

[fantabulousza]

I agree, an employer can easily show that they have advertised a job, but could easily state that they received no applications from Kiwis, hence the reason why I believe the process is flawed. I personally know of an individual who got a job because the employer chose not to declare the CVs of locals who applied for the same job!