WHV to SMC visa (have secured a job)

[em720]

Good morning,

This forum was very helpful to me when I was first thinking of moving out to New Zealand. I'm now here, based in Wellington and have secured a temporary job. There is potential for the job to turn into a permanent job offer. I'd very much like to apply for SMC visa, as I will have 170 points with this job offer to. My questions are as follows, and I did look on the immigration website first, which is useful, but sometimes the wording can be confusing!

A) am I right in assuming I cannot technically accept a permanent job offer whilst on the WH? Ie I would have to only officially accept when I have secured my SMC visa (which I understand can take up to 6 months?). I should be okay as I started work with the company in March, so I shouldn't breach WHV conditions by working over 12 months before I secure the SMC visa. That is, assuming it isn't terribly delayed.

B) why is there such a large difference between the stay requirement of a job in Auckland, compared to outside of Auckland? I.e. Because my job is in Wellington, I would have to commit to 12 months in that job on the SMC visa, compared to 3 months in Auckland? Just seems rather strange.

Which leads me on to question 3): it says "if you were awarded points for your current skilled employment outside of Auckland, and you've been working in that job for less than 3 months, you must stay in that job for 12 months". So, what if I've been in the job 4, 5, 6 months before I apply for SMC? Does that mean that condition doesn't apply for me, and as soon as the SMC visa is issued, I am no longer tied to a company?

4) if my partner, who is an excavator driver, wants to come on my resident visa, is that okay? There is an option to apply for the visa with a partner, which ideally Id like to do, but I can't find anywhere any limits or requirements on applying with a partner. Would it limit my chances of getting an SMC visa if I apply with a partner, or does it not work like that. He is in full time employment through an agency, but wouldn't have anywhere near enough points to do a separate SMC visa. I can't find much info on the immigration website in this!

[JandM]

A) What most people do is apply for a temporary work visa (e.g. https://www.immigration.govt.nz/new-...ills-work-visa) on the basis of the offer of the skilled job. Your WHV will cover you for working in the place temporarily, while the visa is being processed. A temporary visa can be processed more quickly than residence under SMC. You can apply under SMC at the same time as the temporary work visa, using some of the same evidence. Then you are legally working and formally have your permanent contract, while at the same time, the SMC application is ticking along in the background, taking the time it takes.

B) The longer requirement is to attract and keep skilled workers in areas NOT Auckland. And yes, if you've had the job three months, then that condition won't apply to you.

4) The only requirements on a partner who is a secondary applicant for residence under SMC are that they prove they have been in a live-in relationship with the main applicant for at least 12 months. Having a secondary applicant is no hindrance to the case at all. (INZ accept the partners and families of skilled workers as part of the necessary 'price' for having the skilled workers there, contributing to the economy.)

[em720]

A) What most people do is apply for a temporary work visa (e.g. https://www.immigration.govt.nz/new-...ills-work-visa) on the basis of the offer of the skilled job. Your WHV will cover you for working in the place temporarily, while the visa is being processed. A temporary visa can be processed more quickly than residence under SMC. You can apply under SMC at the same time as the temporary work visa, using some of the same evidence. Then you are legally working and formally have your permanent contract, while at the same time, the SMC application is ticking along in the background, taking the time it takes.

B) The longer requirement is to attract and keep skilled workers in areas NOT Auckland. And yes, if you've had the job three months, then that condition won't apply to you.

4) The only requirements on a partner who is a secondary applicant for residence under SMC are that they prove they have been in a live-in relationship with the main applicant for at least 12 months. Having a secondary applicant is no hindrance to the case at all. (INZ accept the partners and families of skilled workers as part of the necessary 'price' for having the skilled workers there, contributing to the economy.)

JandM - thank you very much for your responses. My only worry about applying for the temporary work visa is that I assume my employer will have to check no other New Zealander's can do the job I am currently in? Which I'm sure there are plenty of kiwis that could do the job, so that may scupper me!

Thanks for your reply! Good to know about the partnership part of SMC.

[JandM]

Understood. You COULD save the Essential Skills application as a 'just in case', for if your application under SMC hasn't been processed in time, because when once you have lodged the Residence application on the basis of having a skilled job, your employer doesn't have to do the Labour Market Check if he supports you for an Essential Skills visa. WK2.5.15. http://onlineservices.immigration.go...nual/45676.htm (If time gets very short before expiry, as long as the application for a temporary visa is lodged while you are still covered by the existing visa, INZ can issue an interim visa to keep you legal during processing.)

[Saladin0011]

Hello. I have question related this topic. I am in NZ on WHV for 2 months and already working (contract is full time and saying: This is permanent role; however your tenure in this position is dependent on your visa status and right to work in New Zealand), I could apply for residency because this job is on Skilled list (residential care officer) and I have 160 points. Can I apply straight away (EOI first) or first I should apply for Essential skills?

Thank you

[JandM]

On a side topic, check the details of your WHV. WHVs for some countries (e.g. the UK) don't allow a holder to continue in the same job for more than three months at a time.

You can apply for residence under SMC at the same time as, or before, an Essential Skills visa (and there is the advantage to that, as mentioned above, that it removes the need for the labour market test). You can leave out the Essential Skills visa entirely if you are covered by your existing visa and can wait for the processing of the residence.

[Saladin0011]

I am on visa from The Czech Republic so there is not a problem when I work whole year for one employer but as i mentioned before I should not have permanent role, but my contract is permanent role; however your tenure in this position is dependent on your visa status and right to work in New Zealand. This sentence is what I don't understand. I still have about 10 months time so I will try apply ASAP (waiting for NZQA). Also i am not sure if i apply and processing time take longer than lets say 10 month, do I have to leave country and wait outside of NZ or will i get some bridging visa automatically?

[JandM]

I think you should check with INZ about the wording of your contract. If need be, your employer could change it so it meets INZ regulations.

If processing is still going on when you are nearing the end of your visa, that is when you would need to apply for an Essential Skills visa as well. INZ can issue an interim visa https://www.immigration.govt.nz/new-...a/interim-visa to keep you legal while waiting if you have applied for a temporary visa, but they can't do this for a residence visa.

[em720]

On a side topic, check the details of your WHV. WHVs for some countries (e.g. the UK) don't allow a holder to continue in the same job for more than three months at a time.

You can apply for residence under SMC at the same time as, or before, an Essential Skills visa (and there is the advantage to that, as mentioned above, that it removes the need for the labour market test). You can leave out the Essential Skills visa entirely if you are covered by your existing visa and can wait for the processing of the residence.

JandM thank you again for your invaluable advice. I did nearly have a heart attack re WHV restrictions for the UK. You mentioned that maximum time I can work for one employer is 3 months, however on the immigration website it just says "you can work in any employment you like, as long as you don't work for more than 12 months" - so therefore am I okay re the 3 month limit? If you could point out where you read / found that so I can take a closer look that would be most helpful!

Cheers!

[JandM]

I have just gone to where it USED to say this, and can find no mention of it now. I am sorry to have scared you. INZ must have changed the regulations, and I have not happened to look back again there since.