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Thread: Long Term Skills Shortage List (LTSSL) Work Visa - work to residency question

  1. #1
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    Default Long Term Skills Shortage List (LTSSL) Work Visa - work to residency question

    Hi there,

    I've currently got a Long Term Skills Shortage List Work Visa, which on the INZ website states I can "Start my pathway to residence in New Zealand by working for up to 30 months in an occupation for which there is a shortage of New Zealanders available" and "Apply for residence after 2 years of working in an occupation on our Long Term Skill Shortage List".

    I have been working at my job on my current LTSSL work visa since April 2019 (which is an occupation on the Long Term Skill Shortage List), so for approximately 5 months. I also worked in the exact same role for 10 months from April 2018 - February 2019, whilst on the BUNAC IEP visa (a different 12 month work visa).

    My question is: Can I add the 10 months of work and the 5 months of work together, to 'claim' 15 months of work in an occupation that's been recognised by INZ as an occupation on the Long Term Skill Shortage List? If yes, could I then apply for residency in 9 months from now - after working in my role on the Long Term Skill Shortage List for 24 months total?

    Any advice much appreciated! =)

    Thanks.

  2. #2
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    No. RW4(a) specifically states: "[you must] have held a work visa granted under the long term skill shortage list work instructions for a period of at least 24 months" prior to applying for a Resident Visa under Residence from Work instructions.

  3. #3
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    I'd like to add a question to this.

    If you are on a LTSSL visa, do you HAVE to be employed by an accredited employer, or could it be for a non-accredited employer as long as it's in the correct field of work?

  4. #4
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    Quote Originally Posted by BoerieNZ View Post
    I'd like to add a question to this.

    If you are on a LTSSL visa, do you HAVE to be employed by an accredited employer, or could it be for a non-accredited employer as long as it's in the correct field of work?
    Sounds to me like you're getting the various instructions mixed up. There are differing residence instructions for obtaining a Resident Visa through the Residence from Work category, and which set of instructions will apply is based on which set of work instructions your Work Visa was granted under.

    Take a look at:

    • RW2, if you hold a Work Visa granted under Talent (Accredited Employer) work instructions
    • RW3, if you hold a Work Visa granted under Talent (Arts, Culture and Sports) work instructions
    • RW4, if you hold a Work Visa granted under the LTSSL work instructions
    • RW7, if you hold a Work Visa granted under religious worker instructions
    • RW8, if you hold a Work Visa granted under South Island Contribution work instructions (these Work Visas are no longer issued, unless you already have one and are applying for a further one to keep you legally in the country while your Resident Visa application is being processed, so this set of instructions is dying out through natural attrition)


    Note that the requirement to be employed by an accredited employer is only present in RW2 -- therefore, this is only a requirement if you hold a Work Visa granted under Talent (Accredited Employer) work instructions.

  5. #5
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    Quote Originally Posted by Kelerei View Post
    No. RW4(a) specifically states: "[you must] have held a work visa granted under the long term skill shortage list work instructions for a period of at least 24 months" prior to applying for a Resident Visa under Residence from Work instructions.
    Thanks for your response, Kelerei.

    I acknowledge the point you make, and it's probably correct. However upon a bit of digging I read section RW4.1 of the Operational Manual, which are the 'Requirements for employment' for section RW4's 'Residence instructions for holders of work visas granted under the long term skill shortage list work instructions':

    https://www.immigration.govt.nz/opsmanual/#30636.htm

    My 10-month employment under another work visa meets all of the criteria listed in the above section RW4.1 - which I could interpret to be the 'LTSSL work instructions' you quoted in your reply. In summary, in 9 months, I will "have held a work visa granted under the long term skill shortage list work instructions for a period of at least 24 months" prior to applying for a Resident Visa under Residence from Work instructions. The only potential anomaly is that the 24 months of work has been undertaken using two separate work visas, however both of which do meet the criteria set-out in section RW4.1's 'Requirements for employment'.

    Or have I misinterpreted what the 'long term skill shortage list work instructions' are?

    Thanks.

  6. #6
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    Quote Originally Posted by AlexKiwi2019 View Post
    Thanks for your response, Kelerei.

    I acknowledge the point you make, and it's probably correct. However upon a bit of digging I read section RW4.1 of the Operational Manual, which are the 'Requirements for employment' for section RW4's 'Residence instructions for holders of work visas granted under the long term skill shortage list work instructions':

    https://www.immigration.govt.nz/opsmanual/#30636.htm

    My 10-month employment under another work visa meets all of the criteria listed in the above section RW4.1 - which I could interpret to be the 'LTSSL work instructions' you quoted in your reply. In summary, in 9 months, I will "have held a work visa granted under the long term skill shortage list work instructions for a period of at least 24 months" prior to applying for a Resident Visa under Residence from Work instructions. The only potential anomaly is that the 24 months of work has been undertaken using two separate work visas, however both of which do meet the criteria set-out in section RW4.1's 'Requirements for employment'.

    Or have I misinterpreted what the 'long term skill shortage list work instructions' are?

    Thanks.
    The "long term skill shortage list work instructions" can be found in WR3 of the ops manual. Time spent on a Work Visa granted under any other instructions can not be considered for the purposes of applying for a Resident Visa under the RW4 instructions (as per RW4(a), previously quoted).

    Furthermore, you are explicitly asked if you have held a Long Term Skill Shortage List Work Visa for at least 24 months on question I5 on the INZ 1000 form, which is the form you need to fill in to apply for a Resident Visa for a wide range of categories, Residence from Work being one of them. (In fact, this form is used for pretty much every category of Resident Visa that does not involve submitting an Expression of Interest and being invited to apply for residence based on that EOI being selected.) Additionally, the Self-Assessment Guide for Residence (INZ 1003) explicitly states that, for the Long Term Skill Shortage List Residence Category, you must "have held a work visa granted under the Long Term Skill Shortage List Work Category for at least 24 months".

    It should be obvious by now that the time spent employed under your previous Work Visa can not be considered when applying for a Resident Visa under the Residence from Work Category, even if that employment met LTSSL requirements.

    If you want to apply for a Resident Visa before you become eligible under the Residence from Work Category, you may want to consider the Skilled Migrant Category (though, SMC is currently backlogged to hell with seemingly no end in sight, so it may actually turn out to be slower!).
    Last edited by Kelerei; 11th September 2019 at 03:09 PM.

  7. #7
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    Quote Originally Posted by Kelerei View Post
    The "long term skill shortage list work instructions" can be found in WR3 of the ops manual. Time spent on a Work Visa granted under any other instructions can not be considered for the purposes of applying for a Resident Visa under the RW4 instructions (as per RW4(a), previously quoted).

    Furthermore, you are explicitly asked if you have held a Long Term Skill Shortage List Work Visa for at least 24 months on question I5 on the INZ 1000 form, which is the form you need to fill in to apply for a Resident Visa for a wide range of categories, Residence from Work being one of them. (In fact, this form is used for pretty much every category of Resident Visa that does not involve submitting an Expression of Interest and being invited to apply for residence based on that EOI being selected.) Additionally, the Self-Assessment Guide for Residence (INZ 1003) explicitly states that, for the Long Term Skill Shortage List Residence Category, you must "have held a work visa granted under the Long Term Skill Shortage List Work Category for at least 24 months".

    It should be obvious by now that the time spent employed under your previous Work Visa can not be considered when applying for a Resident Visa under the Residence from Work Category, even if that employment met LTSSL requirements.

    If you want to apply for a Resident Visa before you become eligible under the Residence from Work Category, you may want to consider the Skilled Migrant Category (though, SMC is currently backlogged to hell with seemingly no end in sight, so it may actually turn out to be slower!).
    Thanks Kelerei, your response definitely offers me the clarity I was seeking!

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