Apply for essential skills visa while awaiting residency status?

[Famed]

Hi all,

I have already applied for residency after receiving the ITA in Sep / Oct 2017. Recently, my employer responded to the questionnaire sent by the case officer.

My current partner dependent work visa expires in August 2018.

Understandably, residence applications may take it's own time but I am not sure if I should apply for an essential skills visa, considering the latter may take few months to process. Honestly, I wish to avoid paying the fees for an essential skills visa if my residency will be approved.

My question is, since my employer has responded to the questions from the CO, should I just leave it at that and apply for my essential skills visa or since the CO would know my current visa expiry date may be able to make a decision soon? Does the CO's decision making happen sooner based on the current visa expiry date?

Any inputs appreciated.

Thanks!

[yanyanyan881]

u shld apply EWV 1 mth before yr partnership visa expires. yr resident can still take very long to process. becoz u have resident visa still processing, your employer does not need to proof genuine attempt to hire NZers which save u big trouble.

[EGoodhue]

If your CO was any good at their job (speaking from previous experience as a CO), they would have made a note of when your current visa was expiring and, in the interest of good customer service, done their utmost to ensure their assessment was efficient so that you would not need to apply for a new visa. Unfortunately, the reality is that many CO's believe the onus is entirely on the client to ensure they remain lawful while they take their sweet time to process your SMC application. As per the comment above, there is a special allowance in Essential Skills instructions for those on Essential Skills visa awaiting a decision on their SMC application - WK3.20.10. A 1 year Essential Skills visa may be granted while waiting for a decision on an SMC application, and the employer does not have to prove there are no NZer's to do the job, as long as you hold a valid work visa, you have applied for an Essential Skills visa for the same job as that in your SMC application. Don't be afraid to "remind" your CO that your current work visa is expiring in August!!

[JandM]

Agreed. Also, remember that as long as you lodge an application for a further temporary visa while you are covered by the existing visa (even by DAYS in theory, though I'd give it a bit longer for safety), INZ can issue an interim visa to keep you legal. (However, as you would be applying for a different kind of temporary visa from what you have at the moment, the interim visa would have visitor visa conditions, so you would not be able to work until the ESV or residence visa was granted.)

[Famed]

Thanks yanyanyan881, EGoodhue and JandM

JandM: So to clarify had I been on the Essential Skills visa, my interim visa would have been the same but if I apply for Essential Skills visa and it's a change from my current work visa, my interim is visit? How soon should I apply?

Also, a related question: If my partner applies for Post Study Work Visa - Employer Assisted, can she work for that employer only for a year or 2 years? Can she change her employer during that visa? Please clarify.

[JandM]

JandM: So to clarify had I been on the Essential Skills visa, my interim visa would have been the same but if I apply for Essential Skills visa and it's a change from my current work visa, my interim is visit?

Correct. https://www.immigration.govt.nz/new-...isa-conditions

How soon should I apply?

You can leave it till your existing visa has just two or three weeks to run, in the hope that your residence will come through before hand and this extra application won't be necessary.

Also, a related question: If my partner applies for Post Study Work Visa - Employer Assisted, can she work for that employer only for a year or 2 years? Can she change her employer during that visa? Please clarify.

https://www.immigration.govt.nz/new-...isted#overview This visa would be granted naming that ONE employer. If she wanted to change her job and get another Post Study Work Visa (Employer Assisted), she would have to apply again and supply all the evidence to prove that the NEW job qualified. Alternatively, if she got a job offer which met the requirements for, for instance, an Essential Skills Visa, she could apply for that instead.

[Famed]

Thank you so much.

If a person is on an open post-study work permit, can they apply for any type of employment or only linked to their diploma / degree awarded in NZ?

[JandM]

People who have a New Zealand qualification that they completed in New Zealand, can apply for a visa to work in New Zealand. To be eligible, you must have an acceptable qualification. If you’re granted a work visa, you can do almost any work you like, for any employer in New Zealand.

https://www.immigration.govt.nz/new-...-open#overview

[Famed]

..

[Famed]

As per the comment above, there is a special allowance in Essential Skills instructions for those on Essential Skills visa awaiting a decision on their SMC application - WK3.20.10. A 1 year Essential Skills visa may be granted while waiting for a decision on an SMC application, and the employer does not have to prove there are no NZer's to do the job, as long as you hold a valid work visa, you have applied for an Essential Skills visa for the same job as that in your SMC application.

Thank you for this. I am currently on a partner based work visa. My wife is on post-study work visa. Few questions:

• Is there a possibility to just extend my current work visa (partner based) while I await for my SMC application outcome? My wife is currently on post-study work permit and wishes to be a dependent on my visa (including interim).
• If essential skills work visa is my only choice, then as per WK3.20.10, since the visa may be granted while awaiting an SMC application decision, would the interim visa be processed sooner in 2 - 3 weeks?
• Also, can I include my wife in the same application too? Would it be online?
• Also, would it be a multiple entry visa if I happen to be outside of NZ for more than a month?