Any visa for family member during JSV?

[huenandwong]

I am applying "SMC - offshore" and waiting for CO assignment. As I don't have any job offer, I can only have job search visa first which is for the applicant only. However, I don't want to be separate with my wife and kids for a long period (more than 3-9 months), what kind of visa of family can apply for during my JSV so that we can stay together in New Zealand?

[JandM]

There is no visa which allows the family to accompany the holder of a job search visa.

The whole point of the SMC JSV is for the main applicant to go alone and concentrate all their time and resources on getting a skilled job. As soon as they do that and get their deferred Residence, then their partner and any children who were on the original SMC application get their Residence, too, and can join them.

This may seem harsh, but it was a rule change in response to what had become an even harsher problem. Under the old regulations, when a family was allowed to go with a JSV holder, they would find a home, maybe the partner, on an open visa, would find a job, and the children would settle into school. But if, in nine months (then the length of time allowed), the JSV holder had NOT got a skilled job, they would all be told to leave the country. Of course, it was a heartbreaking thing for this group of people, having to tear up the life they had begun to make for themselves, and even worse if, despite all warnings, they had sold up their home in their original country and now had nothing to go back to. That is why the law is now as it is.

The only way for your family to get to NZ while you are there would be for your wife to apply for a Visitor's Visa in her own right, with the children, but it is very unlikely that it would be granted, for the same reasons as above.

[huenandwong]

Thank you so much for your reply. It’s very informative.

We understand that it takes risk that we need to go back my home even we settle down everything in New Zealand if I don’t have any job offer during my However, we still want to look for this direction as we love the family and don’t want to be separated for long period.

Would it be possible if I plan to ask for school interview during my jsv? Once they get the school offers, is it easy for applying students visas,? And then my wife can apply a guidance visa and stay with kids and me in NZ?

[JandM]

You are not alone in feeling like you do, but INZ know about all the ways people try to get round the regulations, and are careful to block these attempts. They can readily see from their computer that, for instance, that lady applying for a different sort of visa is your wife and those are your children, you have the SMC JSV, and she and they will get residence when and if you do, so no, they won't consider the other applications.

Be VERY careful that any application your wife makes on her own behalf or that of the children tells the FULL and HONEST TRUTH, because concealment of anything can count as fraud. An application to INZ is a legal document - submitting it is like signing to say that this is the whole truth. If it is later discovered that something was not true, or some circumstances were hidden, this can mean that the person can't EVER be granted a visa in the future without having to ask for a character waiver (see here https://www.immigration.govt.nz/opsmanual/#35058.htm A5.25 i).

[huenandwong]

Thank you so much, JandM. We agree to your point that the arrangement of JSV is harsh but we have to overcome it. You are very helpful and your opinion is important. Thanks again, JandM.

[JandM]

This may be me misinterpreting your word "overcome". Excuse me therefore for answering this way again.

You will not "overcome" the JSV not allowing families, if you mean you will somehow try to make INZ officials do what their rules do not permit. The INZ rules are laws made by the government of New Zealand. Applicants have to adapt to what New Zealand will accept, not the other way round.