Entering New Zealand on Tourist Visa with ESV pending?

[hannahj]

Hey everyone!

I am a UK Citizen who has held an NZ Essential Work Skills visa for the past 2 years for hospitality work in the South Island. My most recent ESV expired in October while I was at home for my sisters wedding and I decided to reside in the UK for a while with my family before applying for another one.

However, my boss (last minute!) desperately wants me back in NZ before the end of the year. I have submitted an application for a new ESV on 28th November but am still waiting to hear back about it. I stupidly assumed since I had no trouble with my previous visas that I would not have to wait long for this new one, and my flight to NZ has already been booked for 26th December, but I'm still waiting to hear back from immigration.

My question is, as long as I can provide evidence of sufficient funds to support myself in NZ while I am there, what are my chances of being granted a tourist visa on arrival whilst waiting for my pending ESV? Will I need an onward flight from NZ before being granted a tourist visa?

I've desperately been trying to research this online but all information is about applying for an ESV *after* already entering NZ on a tourist visa.

Any advice would be appreciated, thanks guys!

[JandM]

Sorry for what I'm about to say, which isn't what you will want to hear.

INZ are working through a backlog of applications at the moment, even worse with the end-of-year holiday shut-down coming very close, and even "easy" applications are taking a longer time than normal (not that there is a normal) to be processed.

You would do well to contact INZ about this BEFORE travelling, and even then, they're not likely to agree. However, knowing that while still in the UK is better than getting stopped at the airport of arrival in NZ, and returned on the next flight.

The thing to remember is that a visitor's visa isn't there to be a catch-all for someone who hasn't got a different visa suitable for their situation - it's specifically for a stay in NZ for a limited time, with the person having a demonstrable life and responsibilities in another country to which they will return at the end of the time. (It's not a substitute for some other visa UNLESS INZ themselves decide to issue one in a particular case, and that isn't done because an applicant asks, for their convenience.) Telling INZ that you DON'T want to go "home" effectively rules you out for a visitor's visa.

If you arrive in NZ applying to get in as a visa-waiver person, your name and details would immediately bring up your records on the INZ computer, including the fact that you have an application in for an ESV which has not yet been decided. This would LOOK LIKE one kind of classic behaviour, trying to pre-empt INZ's decision about the ESV, with the danger that you might disappear into the overstayers' black market, an instant trigger for being pulled aside for long interviews and investigations, and probably, repatriation, because although your employer would be saying, 'Yes, yes, there's a job waiting,' you can't take the job and s/he can't let you unless and until INZ have granted the ESV, and, in any case, a pending job isn't an appropriate reason for a visitor's visa.

Seriously, if you can't get word from INZ that your ESV is likely to have been granted before that flight - and I think that's pretty unlikely - your best bet is not to go.

[hannahj]

Thank you for such a detailed and forthright reply, I imagined as much would be the case and I would be grasping at straws! Do you happen to know when INZ closes for the holiday period?

[JandM]

It's difficult to find anything specifically about INZ, but NZ government offices seem to be closing from 24th, re-opening on January 2nd. Even when offices are open, though, as you will be aware, this is the NZ school summer holiday period, so people with families will be trying to get leave while the children are free, which means skeleton staffing for the duration.

[cakes88]

Thank you for such a detailed and forthright reply, I imagined as much would be the case and I would be grasping at straws! Do you happen to know when INZ closes for the holiday period?

They will be closed on the 25th Dec and reopen on 4th Jan 2019
https://www.immigration.govt.nz/abou...ay-period-2018

[Suryz.lee]

Sorry for what I'm about to say, which isn't what you will want to hear.

INZ are working through a backlog of applications at the moment, even worse with the end-of-year holiday shut-down coming very close, and even "easy" applications are taking a longer time than normal (not that there is a normal) to be processed.

You would do well to contact INZ about this BEFORE travelling, and even then, they're not likely to agree. However, knowing that while still in the UK is better than getting stopped at the airport of arrival in NZ, and returned on the next flight.

The thing to remember is that a visitor's visa isn't there to be a catch-all for someone who hasn't got a different visa suitable for their situation - it's specifically for a stay in NZ for a limited time, with the person having a demonstrable life and responsibilities in another country to which they will return at the end of the time. (It's not a substitute for some other visa UNLESS INZ themselves decide to issue one in a particular case, and that isn't done because an applicant asks, for their convenience.) Telling INZ that you DON'T want to go "home" effectively rules you out for a visitor's visa.

If you arrive in NZ applying to get in as a visa-waiver person, your name and details would immediately bring up your records on the INZ computer, including the fact that you have an application in for an ESV which has not yet been decided. This would LOOK LIKE one kind of classic behaviour, trying to pre-empt INZ's decision about the ESV, with the danger that you might disappear into the overstayers' black market, an instant trigger for being pulled aside for long interviews and investigations, and probably, repatriation, because although your employer would be saying, 'Yes, yes, there's a job waiting,' you can't take the job and s/he can't let you unless and until INZ have granted the ESV, and, in any case, a pending job isn't an appropriate reason for a visitor's visa.

Seriously, if you can't get word from INZ that your ESV is likely to have been granted before that flight - and I think that's pretty unlikely - your best bet is not to go.

Most airlines do check and make sure you're holding a valid visa (or from a visa waiver country) PLUS check your outbound ticket before allowing you to board. So the answer is : very likely you wouldn't even make it to Auckland. Or even if you do, as explained by JandM, they might turn you around.

Personally I wouldn't expect much to happen in the next three weeks due to Christmas and New Year, plus school holiday as well. Good luck and hope you'll hear something soon, otherwise maybe should start looking into whether you could change your travel date.

[mad_wild]

Hi hannahj, from recent experience I can say you will be turned around, or even worse turned around after a loooooong interrogation in the airport - just happened to my friend who had applied for an ESV while back home, wanted to come travel for a few weeks while waiting for it to be approved, booked his ticket on a visitor visa and was turned around in the border back to Germany, as they thought he was going to work before his ESV was approved. Even though he had made travel plans/had the right amount of money/even had an outward ticket etc. Immigration NZ didn't believe his genuine intent to travel...And he isn't even sure how this will affect his ESV application now. So I would say, don't risk it, just wait it out!

[mad_wild]

Although funnily enough I've just realised we've submitted out ESV applications of the same day, November 28th!...and believe it or not I just received my approval!!! Only took 2.5 weeks from submission, so maybe keep the hope alive. Maybe they're trying to clear the backlog of all of the uncomplicated applications before Christmas! I will keep my fingers crossed for you!

[hannahj]

Although funnily enough I've just realised we've submitted out ESV applications of the same day, November 28th!...and believe it or not I just received my approval!!! Only took 2.5 weeks from submission, so maybe keep the hope alive. Maybe they're trying to clear the backlog of all of the uncomplicated applications before Christmas! I will keep my fingers crossed for you!

Visa approved today December 21st with 5 days to spare! I'm a lucky woman, wouldn't leave it so close again! Thank you guys for all your advice.

[diallta]

Congratulations!