Essential skills visa help

[Cedmonds]

Hi,
My partner has had an email from immigration today in regards to his essential skills application and it doesn’t look good. I’m not sure if anything can be done by the 9th if September has anybody had a similar experience and shed advice on what could be provided?
He advertised using
Yudu, Facebook and indeed.
They say he applied whilst the yudu advertisement was in place but it only lets you advertise for a minimum of 1 month so that’s why it was for that time but immigration say the minimum for them to assess is 2 weeks? Which he did.
Facebook now has a whole jobs section so I’m not sure why they still don’t consider it a viable form.
And indeed I don’t really understand their response.


Our assessment of your application
We have completed an assessment of your application and have identified the following issues which may have a negative impact on the outcome of your application:
Genuine attempt to recruit New Zealand citizens or residents
The Immigration instructions at WK1.5(b)(ii & iii) and WK3.10 outline that an essential skills work visa may only be granted if there are no suitable New Zealand citizens or residents available for the role on offer, and that the employer meets the requirements at WK3.15. Immigration instruction WK3.15.1(a)(v) further states that an employer must have made a genuine attempt to recruit New Zealand citizens or residents before offering employment to a foreign worker (see WK3.10.5 for further details).
Based on the evidence of advertising provided with your application, we noted that your employer advertised the position on Yudu on 15 July 2019 and the expiry date of the advertising was on 14 August 2019. However, your application was lodged on 29 July 2019, so this position has been offered to you and your application was submitted before the advertising was closed. It appears that your employer did not allow sufficient time for any other potential candidates to be considered for the position on offer. Additionally, we noted that the evidence of advertising from Indeed shows the date your employer created the advertisement, as such, we have a concern that your employer does not appear to provide sufficient information for recruitment process. Lastly, we noted that the content of advertisement has not been provided on Yudu and Indeed. Please note that we generally do not accept “Facebook” as a significant public advertising campaign to recruit New Zealand citizens or residents. Given all of the above, we are not currently satisfied that your employer has made a genuine attempt to recruit New Zealand citizens or residents before offering employment to a foreign worker as per immigration instruction WK3.15.1(a)(v).

[JandM]

There isn't anything that your partner can do, I don't think - given that the comments made by the CO are all critical of what the employer did, the employer would need to argue the points.

[JandM]

Hang on a minute... Looking back at your previous posts, I found this thread, including the helpful and correct reply linked to here. https://www.enz.org/forum/showthread...356#post582356

If your partner didn't in the end cancel his application under SMC, there does not need to be any labour market test for the Essential Skills visa application.

[Cedmonds]

Hang on a minute... Looking back at your previous posts, I found this thread, including the helpful and correct reply linked to here. https://www.enz.org/forum/showthread...356#post582356

If your partner didn't in the end cancel his application under SMC, there does not need to be any labour market test for the Essential Skills visa application.

Unfortunately it was cancelled so the labour market tests are needed.
I just don’t really know what the employer could say in the space of a week to change this without readvertising which there isn’t time to do.
He works in management in hospitality and his employer is going to speak to a hospitality board which is a government body who have repeatedly said there are not people able to fill positions but I don’t know if a statement from them is enough

[JandM]

Oh, dear, what a shame. All he can do is argue his best.

[Cedmonds]

Hang on a minute... Looking back at your previous posts, I found this thread, including the helpful and correct reply linked to here. https://www.enz.org/forum/showthread...356#post582356

If your partner didn't in the end cancel his application under SMC, there does not need to be any labour market test for the Essential Skills visa application.

Oh, dear, what a shame. All he can do is argue his best.

True we shall see what happens, really appreciate you replying to the posts we all put must take up a lot of your time so thank you so much for the help you offer x

[cakes88]

Hi,
My partner has had an email from immigration today in regards to his essential skills application and it doesn’t look good. I’m not sure if anything can be done by the 9th if September has anybody had a similar experience and shed advice on what could be provided?
He advertised using
Yudu, Facebook and indeed.
They say he applied whilst the yudu advertisement was in place but it only lets you advertise for a minimum of 1 month so that’s why it was for that time but immigration say the minimum for them to assess is 2 weeks? Which he did.
Facebook now has a whole jobs section so I’m not sure why they still don’t consider it a viable form.
And indeed I don’t really understand their response.


Our assessment of your application
We have completed an assessment of your application and have identified the following issues which may have a negative impact on the outcome of your application:
Genuine attempt to recruit New Zealand citizens or residents
The Immigration instructions at WK1.5(b)(ii & iii) and WK3.10 outline that an essential skills work visa may only be granted if there are no suitable New Zealand citizens or residents available for the role on offer, and that the employer meets the requirements at WK3.15. Immigration instruction WK3.15.1(a)(v) further states that an employer must have made a genuine attempt to recruit New Zealand citizens or residents before offering employment to a foreign worker (see WK3.10.5 for further details).
Based on the evidence of advertising provided with your application, we noted that your employer advertised the position on Yudu on 15 July 2019 and the expiry date of the advertising was on 14 August 2019. However, your application was lodged on 29 July 2019, so this position has been offered to you and your application was submitted before the advertising was closed. It appears that your employer did not allow sufficient time for any other potential candidates to be considered for the position on offer. Additionally, we noted that the evidence of advertising from Indeed shows the date your employer created the advertisement, as such, we have a concern that your employer does not appear to provide sufficient information for recruitment process. Lastly, we noted that the content of advertisement has not been provided on Yudu and Indeed. Please note that we generally do not accept “Facebook” as a significant public advertising campaign to recruit New Zealand citizens or residents. Given all of the above, we are not currently satisfied that your employer has made a genuine attempt to recruit New Zealand citizens or residents before offering employment to a foreign worker as per immigration instruction WK3.15.1(a)(v).

I think the problem lies in the expiry date of the ads, it needs to be either run indefinitely or closed in 2 weeks before your partner lodge his application and did his employer not supplied the content of the ads as well?

IMO the safest place to put the ads is through Trademe and Seek, I find other websites is quite risky.

At this point I guess there's not much that you can do apart from give the best argument from his employer and if needed they can ask for an extension to provide more supportive docs.

[ysc5]

yup. 4 weeks is the safer period.