Essential Skills visa where an applicant is awaiting a Skilled Migrant Category decision

[ysc5]

Hi,

Based on below instruction, am i right to say once i am invited to apply from an EOI submitted i will be granted a 1 year work visa ?

WK3.20.10 Determining an Essential Skills work visa application where an applicant is awaiting a Skilled Migrant Category decision

• Despite WK3.1 (a)(ii), an applicant may be granted an Essential Skills work visa, valid for 1 year without an immigration officer being satisfied that there are no New Zealand citizens or residence class visa holders available to do the work offered if:
  
  • they currently hold a temporary work visa; and
  • they have applied for an Essential Skills work visa to continue working in the role they currently hold; and
  • they meet all other requirements of Essential Skills work visa instructions; and
  • they have been issued an Invitation to Apply under the Skilled Migrant Category and retain the ability to apply (see SM3.1), or have made an application for residence under the Skilled Migrant Category and that application has not yet been completed; and
  • their Expression of Interest was selected in part on the basis of points claimed for skilled employment in the role they currently hold.

https://www.immigration.govt.nz/opsmanual/#66937.htm

[JandM]

Yes, as long as your passport still has at least a year to run at that time.

[ysc5]

Thanks JandM.

Wondering is it a good idea to apply for EOI then get 1 year and also apply for essential work visa 2/3 years ?

[JandM]

Am I right in thinking you are suggesting putting in TWO applications for ESV at the same time?

You probably will not need an ESV for more than one year - by the time that expires, your residence application is likely to have been dealt with.

[belli]

Hi ysc5,
Yes you will get a 1 year visa ESWV if you apply for this after receiving your ITA (SMC visa). We applied for ESWV after receiving ITA, and our passport + temporary work visa came back within a week after applying.
Good luck!

[ysc5]

Hi ysc5,
Yes you will get a 1 year visa ESWV if you apply for this after receiving your ITA (SMC visa). We applied for ESWV after receiving ITA, and our passport + temporary work visa came back within a week after applying.
Good luck!

so you have to apply seperately ? or in EOI you state you need Essential work visa ?
Does it means i have to pay for EOI and essential work visa fees ?

[ysc5]

Yes, the 2 years essential work visa is backup plan. In case this SMC does not go well again like the previous 1.

[JandM]

so you have to apply seperately ? or in EOI you state you need Essential work visa ?
Does it means i have to pay for EOI and essential work visa fees ?

You apply separately, and pay for each.

And from that, you can see that you can't make an extra ESV application at the same time. If there was some delay with the SMC application and you were coming near the end of the one-year ESV, at that time you would need to think about making another application.

[belli]

Hi,
Yes there are 2 applications: one is the SMC - ITA, and the other is the temporary work visa ESWV. In this ESWV form there is a box you can tick that says you have applied for residency or have received ITA under SMC. Also, you have to send both applications somewhere else (depending on where you live) so check the INZ website. We had 2 envelops with 2 different destinations.

The one year visa should allow enough time for SMC residency application to be processed, but good to know that it is possible to extend this visa, thanks JandM!

[ysc5]

Hi belli,

thanks for the info. So does it means i don't have to go through those advertising at seek for labour market test etc ?

cheers,