Post study work visa

[danica06]

Hi Everyone,
I would like to ask for some help regarding our visa. Our case is that my partner is currently a student and will finish his study late this month. As for me, I am currently holding a partner of a student work visa. Our visa will expire end of August (25th) and we have a pending SMC application which doesn't have any CO assigned yet ;(. Because our visa is already expiring and I don't think our SMC will move anytime soon, we will be using the post study work visa of my partner. My question is that if we lodge our application first or second week of August since we still need to wait the papers from school, are we going to be alright? I mean isn't that too late? I am worrying since I am currently working and I don't want to lose my job since our SMC is also depending on my current employment. Also, if I apply as a partner of a worker work visa, can I get an interim visa which will entitle me to continue to work? Please we need some help. Thank you very much.

[JandM]

As long as you put the application(s) in while your present visas are still valid, INZ can issue an interim visa to keep you legally in NZ. However, if you're not applying for exactly the same temporary work visa as you hold at the moment, I'm sorry to have to tell you that the interim visa will have visitor conditions, not the same work conditions as you have now. https://www.immigration.govt.nz/new-...isa-conditions

What other people have been able to do in similar situations, when they had a sympathetic employer, is to get unpaid leave until the next visa cuts in - that way, they are still on the firm's books as an employee, which is what is necessary for the application under SMC.

[danica06]

Hi JandM,
Thank you for your reply. So it is not necessary that INZ already started to process your visa for you to be given an interim visa?
So in my case, if I am currently holding a partner of a student work visa, then when my partner applies for post study work visa and I apply for a work visa based on his visa application, is it a visitor interim visa?

[marts20]

Hi Danica,

Regardless of your SMC application, you need to apply for a new post study work visa (for your partner) and for yourself, a partner of a work visa before the expiration date of your current visa. Your partner will get interim but it will say he can't work until the decision has been made.

However, your interim allows you to work because it is based on the current work visa you have. (We had a similar case, so I was still allowed to work). Anyway, it will be stated in the interim so you have to double check. Just lodge before your expiry date =)

[danica06]

Hi marts20,
Thank you for the information. It gave me a peace of mind. So lodging it a week before our visa expires won't give us any trouble? It is that late because the school told us that they can provide a completion letter 2-3weeks after the study ends.

[marts20]

Hi danica06,

I think lodging your new visa a week before will be fine. What we did before, we informed the school registrar that we need to lodge before this date. They supplied a letter addressed to immigration that the grades are not yet finalized and they can only provide at this date. We attached, (1) progress report with attendance (2) Programme information and grading system (3) post study work visa support letter all under Qualification which meets requirements. Hope that helps.

[danica06]

Hi marts20,
Thank you. It is a great help. We will try to ask the school if they can provide that documents as well. Again thank you very much JandM and marts20.

[JandM]

So it is not necessary that INZ already started to process your visa for you to be given an interim visa?

No - it's only that the application has reached INZ while your old visa is still in place, not even that it has been officially lodged.

So in my case, if I am currently holding a partner of a student work visa, then when my partner applies for post study work visa and I apply for a work visa based on his visa application, is it a visitor interim visa?

Yes, I THINK so, because, referring to that chart in the link I sent, though you are applying for another OPEN work visa, the new one will be a Partner of a Worker Work Visa, whereas the old one was a Partner of a Student Work Visa, so it will come under the line "Work (open) Work (open - different kind of open visa) Visitor".

[danica06]

Hi JandM,
Thank you for your feedback. My partners classmate phoned the inz to confirmed he was told that the partner can get an interim visa with work right. However I am still skeptical because I have same understanding as you. With INZ confirming that the partner can get an interim visa with rights but when the time comes that interim visa is only visitor, can we appeal it to INZ? Also do you have any idea how long is the processing time now for post study work visa and a partner of a worker visa. Is it affected by the backlog as well? Thanks much

[JandM]

With INZ confirming that the partner can get an interim visa with rights but when the time comes that interim visa is only visitor, can we appeal it to INZ?

I don't think so. The INZ telephone answerers are not case-workers. They are a human FAQ system, working from a database, and as you know, what anyone gets out of a computer search depends on what key-words they put in, how readily they realize what is or is not relevant, how persistent they are, etc., and I'm afraid that it's become apparent down the years that it's perfectly possible to get wrong answers from them (though delivered in all sincerity, I'm sure) - even three different answers to the same question on the same day.

All processing times are unpredictable at the moment. If you do a search on those kinds of visa on the forum here, you'll find what has been happening to other people.