Essential skill visa urgent query

[albany]

Hello all,

I am currently on an open working visa and was planning to apply for Essential Skill Visa because my current visa is expiring. I also wanted to apply for SMC because I was meeting 160 points threshold. I met with an immigration consultant and she told me things which I am not sure are true or not. He has rather confused me.

He said that first I need to apply for Essential skill visa. My job was advertised in Feb and then I was interviewed and got a job offer. My immigration advisor said that now my employer needs to re-advertise the role before offering you a permanent role. at that time, I was offered the job by employer knowing that I have open working visa. but now re-advertisement is needed and a new job offer should be made, and employer must show that genuine attempt was made to hire kiwi/residents. I told my consultant that why another job advertisement is needed when it was already made in Feb and employer did genuine attempt to recruit kiwis. My consultant has not answered this question and asked me to pay fee in order to answer. Have any one gone through this stage? Does this make any sense what my consultant is saying?

My consultant also told me that once I have essential skill visa, we can later apply for SMC and only the current SMC rules will be applicable on our SMC application because we got essential skill under current SMC rules. Whatever he said make no sense to me. IS that true whatever she is saying to me?

[gcapd]

You have to listen to and believe in your consultant as long as s/he is an LIA or an Immigratio Lawyer as s/he knows best.

I believe this is what he means https://www.immigration.govt.nz/empl...al-skills-visa

Good luck.

[JandM]

That link explains what the employer is obliged to do. I think INZ would probably feel that advertising in February would be too long ago to count when applying for an Essential Skills visa in June - there might be other people around now to apply for the job who weren't available then.

What sort of work visa do you have at the moment? When will it expire?

[albany]

@Jandm
i currently have partnership based working visa. also im working skilled level 1 job as a lecturer. i heard that job ad is not needed for skilled level 1 jobs. not sure if that is true

[ChrisMwn]

I've always taken the view that IF you are eligible under SMC then you should lodge and have EOI selected first.

With the residence process under way, you don't need to meet the labour market test for Essential Skills work visa.

There might be some issues to be sorted as to what your employment contract says and whether it can , or needs to be, temporary or permanent, or at least only valid for so long as you have lawful authority to work.

[albany]

@ChrisMwn

my employment contract is permanent.

I'm just concerned about requesting the employer to re-advertise the position. when he already did that and offered me a job in february, would he really take a pain in re-advertising again. this requirement is ridiculous

[ChrisMwn]

Not required if EOI has been selected.

[albany]

Not required if EOI has been selected.

Hi I have another question in connection to this old thread. My current working visa is dependent on my partner's and is expiring next year June. I am wondering, can I still apply for essential skill visa, if yes then till when this visa will be valid for? Thanks.

[ChrisMwn]

Nothing to stop you applying for a visa of another type at any time.
The duration and you eligibility are governed by the rules applicable at the time of lodgement.

Current essential skills rules are at
https://www.immigration.govt.nz/opsmanual/34495.htm

Note WK4.1 for maximum durations
.

[albany]

Nothing to stop you applying for a visa of another type at any time.
The duration and you eligibility are governed by the rules applicable at the time of lodgement.

Current essential skills rules are at
https://www.immigration.govt.nz/opsmanual/34495.htm

Note WK4.1 for maximum durations
.

Thank you for the post. Can you also guide me to the clause in this manual where it states labor market test is not required, if EOI forSMC has been selected? Thank.s