From partnership to work visa

[markus12345]

Hi all,

I am a current holder of a partnership work visa. I am now potentially facing to have to apply for my own visa due to relationship changes. I do have a permanent job who is willing to work in order to sponsor me, however I am unclear on how to proceed in order to submit this application? Would it be just a regular essential skills work visa application(work in IT, almost two years of experience in NZ), or is there a separate application that needs to be filled for this?

I really do want to get this application rolling as fast as possible. I am considering contacting an immigration lawyer to facilitate so if anyone have any tips on where to turn please let me know.

Any advise or shared experiences would be greatly appreciated.

Thanks
Markus

[JandM]

Yes, it will be just a regular essential skills work visa application https://www.immigration.govt.nz/new-...ills-work-visa, or it could be a Talent (Accredited Employer) Work Visa https://www.immigration.govt.nz/new-...residence-visa, if your employer is accredited.

You don't really need to employ an immigration lawyer unless your visa's legal situation is very complicated - for a straightforward case, you would probably get better service from a Licensed Immigration Adviser. There are two who regularly post on this forum, ChrisMwn and EGoodhue, and they can be contacted in the first instance for preliminary questions by PM. However, you first need to make five posts on any thread, then the forum will automatically, after about a half-hour, switch on your PMing permission.

[markus12345]

Yes, it will be just a regular essential skills work visa application https://www.immigration.govt.nz/new-...ills-work-visa, or it could be a Talent (Accredited Employer) Work Visa https://www.immigration.govt.nz/new-...residence-visa, if your employer is accredited.

You don't really need to employ an immigration lawyer unless your visa's legal situation is very complicated - for a straightforward case, you would probably get better service from a Licensed Immigration Adviser. There are two who regularly post on this forum, ChrisMwn and EGoodhue, and they can be contacted in the first instance for preliminary questions by PM. However, you first need to make five posts on any thread, then the forum will automatically, after about a half-hour, switch on your PMing permission.

Hi, thank you for your reply. My company is not accredited, but as long as an essential skill appliaction is all that's needed I am going to work with HR to get this submitted asap!

And thanks for the recommendation on a Licensed adviser rather than a lawyer.

[JandM]

Does your IT job meet the requirement mentioned at WK3.10 b? See here. https://www.immigration.govt.nz/opsmanual/#66935.htm Otherwise, your job will be liable for the labour market test (as described in the rest of that page of regulations). I'm sorry if it does, as it involves advertising your own job out from under you, but if it HAS to be done, the employer would need to set things in motion as soon as possible.

[markus12345]

Does your IT job meet the requirement mentioned at WK3.10 b? See here. https://www.immigration.govt.nz/opsmanual/#66935.htm Otherwise, your job will be liable for the labour market test (as described in the rest of that page of regulations). I'm sorry if it does, as it involves advertising your own job out from under you, but if it HAS to be done, the employer would need to set things in motion as soon as possible.

I will have to read through his with my HR representative.. When I got hired I know all the steps meeting a fair recruitment process, and everything is still documented from that, and I hope this would be enough? Or will the role have to be re-advertised in that case?

EDIT: job is on the list, however I do not meet the minimum requirement of a degree/5 years experience that's needed for the skill shortage.

[JandM]

How long ago were you hired?

[markus12345]

How long ago were you hired?

Hi, I have been working for my current employer since beginning of June 2018. I have since got promoted internally (from help-desk to engineer, if that helps) which I believe might make things a little more difficult? I believe the role code for the two positions are the same but slightly different tasks.

Thanks

[JandM]

Having changed your role since the job was advertised, and the fact you don't have the extra requirement for the shortage list, will almost certainly mean your job will have to be readvertised. Sorry to hear that.

Otherwise, if your boss can convince people that nobody else is better suited than you, the higher level job would probably make the application go through quite smoothly.

Aha - a further thought occurs to me. If you apply for residence under SMC https://www.immigration.govt.nz/new-...-visa#criteria, and get your Invitation To Apply, and THEN apply for your Essential Skills visa (to cover you while you wait for the Residence visa to be processed), you would be exempt from the labour market test. See here, WK3.20.10. https://www.immigration.govt.nz/opsmanual/#66937.htm I realize this probably sounds a whole step more complicated, but it would actually cancel out the difficulty you well might have if your job is advertised, and there are other suitable candidates - INZ are very strict about employers taking NZers or NZ residents in preference to a foreigner who would need a new work visa.

[markus12345]

Having changed your role since the job was advertised, and the fact you don't have the extra requirement for the shortage list, will almost certainly mean your job will have to be readvertised. Sorry to hear that.

Otherwise, if your boss can convince people that nobody else is better suited than you, the higher level job would probably make the application go through quite smoothly.

Aha - a further thought occurs to me. If you apply for residence under SMC https://www.immigration.govt.nz/new-...-visa#criteria, and get your Invitation To Apply, and THEN apply for your Essential Skills visa (to cover you while you wait for the Residence visa to be processed), you would be exempt from the labour market test. See here, WK3.20.10. https://www.immigration.govt.nz/opsmanual/#66937.htm I realize this probably sounds a whole step more complicated, but it would actually cancel out the difficulty you well might have if your job is advertised, and there are other suitable candidates - INZ are very strict about employers taking NZers or NZ residents in preference to a foreigner who would need a new work visa.

I see, that do sound easier if I can meet the 160points requirement I suppose. Since I do have a formal bachelor education in a non-related field I do not know if that'll count towards the total. Can always do a bit more lurking on this forum to get those answers. I have a meeting scheduled with my HR representative and if re-advertising is something that's necessary I would probably have to go down that route.

Thanks for your time mate,
Cheers

[JandM]

Yes, you should get the points due for your bachelor's. https://www.immigration.govt.nz/opsmanual/#66804.htm That's a different section of the regulations, separate from being qualified for the skilled job.