Doubts about Visa requirements

[dave3]

Hi there!

First of all, I would like to congratulate all of you - this forum is amazing and extremely useful!

I have been a few months already looking for information about visas on several official and unofficial sources, but unfortunately I am still confused about some visa requirements and I need some help.

After an entire year planning it, I have been granted a Working Holiday Visa, and my idea, once there, is to find a job that allows me to stay in NZ longer time (indefinitely, if possible). I have checked all possible visas, including Essential, SMC and Talent, but some of the requirements are still not clear to me. In my case, I have two bachelor degrees, but my work experience is in another field other than the fields I studied. Fortunately, my work experience is precisely a job that is listed on the LTSSL, but this experience is less than two years. I have more years of work experience, but again, in another fields.

Now, I'd like to ask these questions:

• I am fairly confident that I can be offered a job position listed on the LTSSL, but as I've mentioned above, my degrees are in another fields. I'm not sure if the fact that a company would be willing to hire me for that position is enough to get a LTSS or Essential Visa, or if it won't be possible since my studies are not on that field, and I don't have enough years of experience on that position.
  
  
• Similarly, and concerning the SMC, let's say that I reach 160 points in the EOI, but my studies are different than the field in which I've been offered a skilled job position. Am I still eligible to apply for the SMC?
  
  
• The same goes for the Talent Visa (accredited employer) - If an accredited company wants to hire me because they like my portfolio, and my salary is above 55k, is that enough to be granted a Talent Visa? Lack of relevant studies and work experience would not be a problem in this case, even when applying for the Resident Talent visa after two years working for them?

Thanks in advance for your help! Cheers!

[JandM]

Welcome.

Letting you know I have seen this as it's bedtime in my time zone, and I will be back in the morning with some references for you.

[dave3]

Thank you! It's very kind of you

I'll be keeping an eye on the post. Cheers!

[JandM]

You know what? - I've been having one of those days, it's bedtime again, and I'm only just back here! Let me see if I can find you some reading material, though.

For the Essential Skills work visa, under Evidence for the heading Qualifications and/or Experience https://www.immigration.govt.nz/new-...-visa#criteria, you will see that what qualifications/experience they require all depends on what it says for your career under the ANZSCO heading. For the LTSSL Work Visa, the requirement is that you meet the precise details for your job on the LTSSL list.

You haven't said what the job you do, but don't have qualifications for, is. However, supposing it's being an ICT project manager. For the Essential Skills visa, ANZSCO says you would need at least five years' experience to substitute for the formal qualification. https://www.immigration.govt.nz/new-...-visa#criteria For the LTSSL Work Visa requirements, if you click on the LTSSL green box here http://skillshortages.immigration.go...roject-manager, you find that you have to have a qualification that has been assessed by NZQA as comparable to one of the NZ qualifications listed, AND three years' experience.

For SMC https://www.immigration.govt.nz/new-...-visa#criteria under Skilled Employment, you find this.

If invited to apply for residence, you must provide evidence of your skilled employment, including having the necessary:

work experience
qualifications
occupational registration.

Again, if you don't have the relevant qualification, you would have to have enough experience as listed under ANZSCO instead.

On the other hand, the Talent (Accredited Employer) work visa https://www.immigration.govt.nz/new-...-visa#criteria appears to put all the onus onto the employer's judgement. Under New Zealand job offer there, it's up to the employer to say what qualifications or experience s/he finds necessary. The Talent (Accredited Employer) Resident visa https://www.immigration.govt.nz/new-...-visa#criteria requires two years' work in that job, and the minimum salary, with no mention of qualifications or previous work experience at all.

[dave3]

Sorry for disturbing your rest! I could have waited. As we say here, “resting time is sacred”! And, of course, thank you so much for your help. In my case I’m just here, starving, but I come from the dentist and I can’t eat yet, so it’s the perfect time to think about getting to live in NZ since it always disengages me from almost everything else!

Then, it seems we can confirm that my degrees won’t help me anyhow in order to get a visa as long as the job offer is not related to my studies (which for sure, won’t be). So probably I should not use the money to translate these certificates into English, nor pay for IQA.

I was almost certain that SMC and LTSSL wouldn’t be an option due to the requirements, but I thought Essential visa could be an option since, for some reason, I had the little hope that if a company wanted to hire you and the salary was enough, the rest of requirements might be taken not so strictly (meaning, ANZSCO level and salary could have more relevance than other requirements). But at least I’m happy to be finally certain of how it actually works.

I just have still a little question about this visa. I’ve seen that most of the jobs described in ANZSCO don’t specify what sort of degrees are needed (only that a bachelor degree is required, but not which one/s). Additionally, some jobs catalogued as ANZSCO 4 and 5 require only secondary school, or even no formal studies. I thought, if my degrees are not related to the requirements of some jobs, at least something as basic as a secondary school certificate would open the door for ANZSCO level 4 and 5 jobs. But, as the NZQA informs, they do not assess any secondary/high school diplomas. Then, how would it be possible to apply for an ANZSCO level 4?

In any case, Talent work visa seems to be the best chance, especially taking into account the residence possibilities that it might bring. Besides that, there is no need to renew it every year, as it happens with the Essential visa for lower-skilled jobs. That brings me to the most important question at the moment: I just wonder if it is realistic for a new immigrant to think that s/he will be paid at least 55k for their first job onshore, and if the accredited employers are willing to offer a contract for at least two years to a person who, again, has no (or little) work experience onshore. I just wonder if accredited companies take these requirements into account and, in case they are really willing to have you on board, if they usually offer contracts meeting these requirements. Any insight on this issue will be greatly appreciated.

Have a great day/rest!

Cheers

[JandM]

I had the little hope that if a company wanted to hire you and the salary was enough, the rest of requirements might be taken not so strictly

Oh, no. The company and the worker, both of them, are bound to meet the INZ requirements, which are part of the legal system of New Zealand. If you think about saying to your government, 'I really want to do this, so can I just ignore that law that is stopping me?' you can see it is wishful thinking that won't happen in reality.

most of the jobs described in ANZSCO don’t specify what sort of degrees are needed (only that a bachelor degree is required, but not which one/s)

The assumption is that the degree will be one that is relevant to the work. This https://www.immigration.govt.nz/opsm...c.htm?6954.htm is talking about relevance of qualifications for a job offer counting towards the Skilled Migrant Category residence visa, but the principle is the same for Essential Skills.

Jobs which don't need more than secondary school or any formal studies are ones that INZ are very resistant to seeing go to foreigner workers. It's only in extremely rare cases, such as in a tiny centre of population far from anywhere, that there wouldn't be a born NZer or a NZ visa holder around that INZ would say could be trained to do such a job. See the regulations about the labour market check. It's not worth pinning your hopes on a low-skilled job getting you a visa.

I just wonder if it is realistic for a new immigrant to think that s/he will be paid at least 55k for their first job onshore

You can research salaries by looking at job advertisements online. When it comes down to it, it depends how much you can impress a NZ employer. Getting a NZ job offer is not easy, and/but a lot depends on how hard a person tries - do a search and you'll find old threads about how people set about job-hunting once in NZ.

[dave3]

I haven't had access to my computer these days, sorry for the late reply.

Thank you again for the information. Once again, few details are clarified now! So I will just ignore the IQA and save the money it costs, and will focus on looking for an accredited company for which my skills (not studies) can be useful to. I'll take your advices and will take a look at the job-hunting threads. I'm crossing my fingers to find something useful and that might bring me a little hope, since it is difficult to keep it alive sometimes.

Cheers and thanks again!