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Thread: SMC Does employer need to prove they couldn't hire anyone in NZ?

  1. #1
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    Default SMC Does employer need to prove they couldn't hire anyone in NZ?

    Hi all,

    This is my first post! Any help on this is greatly appreciated.

    I'll be sending an EOI SMC with job offer in the next week or two. Under the Skilled Migrant Resident Visa does my future employer need to prove they couldn't hire anyone in NZ?

    Thanks

  2. #2
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    Oct 2016
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    I did not provide, maybe because I applay work visa. As far I see with EOI you don't need provide any verification until they approve it and send invitation to applay .....
    Last edited by mmm; 6th March 2017 at 09:11 AM.

  3. #3
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    Quote Originally Posted by NtotheG View Post
    Hi all,

    This is my first post! Any help on this is greatly appreciated.

    I'll be sending an EOI SMC with job offer in the next week or two. Under the Skilled Migrant Resident Visa does my future employer need to prove they couldn't hire anyone in NZ?

    Thanks
    Labour Market testing relates to temporary entry (work visas), not to SMC, Residence.

  4. #4
    Join Date
    Feb 2017
    Location
    NZ
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    In my case, I did not provide that either.

    I applied for a work visa on July 2016 and summited with the evidence saying that my employer can't find local (kiwi or PR) people. This is required for the work visa.

    My CO (SMC ) didn't ask for that but required my boss to describe how my work performance and why I am particularly suited to the position. Not sure whether because I have already proved that when I applied for work visa or because they just don't need.

    And agree with MMM, you only need to provide evidence once you have the invitation (ITA) from INZ and they will tell you exactly what documents you need to provide in your ITA.

  5. #5
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    As ChrisMwn said already, no, they don't, not for Residence. https://www.immigration.govt.nz/new-...-resident-visa

    If you're also going to apply for an Essential Skills visa, BEFORE applying under SMC, then a labour market test would be required. This link tells the employer what s/he needs to do. https://www.immigration.govt.nz/empl...al-skills-visa

    Quote Originally Posted by NtotheG View Post
    Hi all,

    This is my first post! Any help on this is greatly appreciated.

    I'll be sending an EOI SMC with job offer in the next week or two. Under the Skilled Migrant Resident Visa does my future employer need to prove they couldn't hire anyone in NZ?

    Thanks

  6. #6
    Join Date
    Mar 2017
    Location
    Ireland
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    Default

    Thank you all for such quick responses. That's great news!
    I knew the temporary visas would require the employer to do so just wasn't sure about under skilled migrant resident visa. I'm not applying for essential skills visa. I understand INZ may offer a temporary work visa while waiting. The employer is going to keep the job offer open until I'm sorted. My job offer is as multimedia design / specialist along with web design/developement/maintenance and digital marketing SEO as part of the job description. I was going to use LTSSL as Multimedia Specialist with offer, honours degree, several years experience and in a future growth area etc. Points = 210-ish. But worried about the matching the ANZSCO job description to MS one is more film animation. If I go multimedia designer points drop to 185 which is still good.

    As it happens I'm only back from visiting NZ since the end of January after travelling for 7 awesome months so hoping to use that as part of my ability to settle.

    I live in Ireland so will be going through the UK office. Will the process be longer? Or does a job offer speed things up?

    Cheer all.

  7. #7
    Join Date
    Oct 2013
    Location
    New Zealand
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    Quote Originally Posted by NtotheG View Post
    Thank you all for such quick responses. That's great news!
    I knew the temporary visas would require the employer to do so just wasn't sure about under skilled migrant resident visa. I'm not applying for essential skills visa. I understand INZ may offer a temporary work visa while waiting. The employer is going to keep the job offer open until I'm sorted. My job offer is as multimedia design / specialist along with web design/developement/maintenance and digital marketing SEO as part of the job description. I was going to use LTSSL as Multimedia Specialist with offer, honours degree, several years experience and in a future growth area etc. Points = 210-ish. But worried about the matching the ANZSCO job description to MS one is more film animation. If I go multimedia designer points drop to 185 which is still good.

    As it happens I'm only back from visiting NZ since the end of January after travelling for 7 awesome months so hoping to use that as part of my ability to settle.

    I live in Ireland so will be going through the UK office. Will the process be longer? Or does a job offer speed things up?

    Cheer all.
    Once you have received your ITA, you can apply for work visa and are exempt from any labour market testing

  8. #8
    Join Date
    Sep 2016
    Location
    France
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    So if I understand well....and sorry to insist but I am afraid I might not have understood well: as long as the job is skilled and an employer ready to wait during the SMC processing time (around a year) there is no obligation for the employer to prove to have tried to hire locally first but without success ?

  9. #9
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    Oct 2016
    Location
    New Zealand
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    Apply with the minimum points required/ ie if you don't need the future growth area points don't claim them. it's just another thing that needs to be checked and verified.

  10. #10
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    Quote Originally Posted by nzfrog View Post
    So if I understand well....and sorry to insist but I am afraid I might not have understood well: as long as the job is skilled and an employer ready to wait during the SMC processing time (around a year) there is no obligation for the employer to prove to have tried to hire locally first but without success ?
    See ChrisMwn's answer above. He is an LIA, so you can take that as correct.

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