SMC - Offshore - Doubts !!!

[cijoc]

Hi,

Please help in clearing the following doubts :

1. If an applicant is applying SMC from Offshore and become successful, he will be offered only 9 months JSV? No more direct Residence Visa, right?
2. Is there a first entry date for the JSV, if yes, within how many months he has to enter?
3. If his family is also included in the SMC application, do they have to come within the 9 months of JSV or only after residence visa is issued?
4. How can one convert JSV to residence visa?

[Kelerei]

1. If an applicant is applying SMC from Offshore and become successful, he will be offered only 9 months JSV? No more direct Residence Visa, right?

You can get a direct Resident Visa offshore, but you must either qualify for points for an offer of skilled employment, or have undertaken two or more years full-time study in NZ that resulted in the award of a Doctorate or Master's degree.

As per SM3.20, your SMC decision is deferred, and you are eligible for a Work Visa (subject to meeting the requirements under Skilled Migrant Category Job Search Instructions) in the following circumstances:

• You do not qualify for points for an offer skilled employment or current skilled employment in NZ.
• You also have not undertaken two or more years of full-time study in New Zealand that has resulted in the award of a Doctorate or Master’s degree.
• You meet all other requirements for approval (particularly, you must still make the 160 point threshold even without qualifying for points for current employment or an offer thereof)

Also, as per SM3.20.1, the deferral period is 9 months if you are onshore. If you are offshore, you will have a 12 month deferral period.

2. Is there a first entry date for the JSV, if yes, within how many months he has to enter?

See WR5.5 for the currency of a Work Visa issued under Skilled Migrant Category Job Search Instructions. That should satisfactorily answer this question.

3. If his family is also included in the SMC application, do they have to come within the 9 months of JSV or only after residence visa is issued?

Only principal applicants may be granted a Work Visa under Skilled Migrant Category Job Search Instructions; refer to WR5.

Non-principal applicants may apply for a temporary visa in their own right if they are eligible to do so, but you'll find that most people (on this forum, at least!) will leave their families behind, and the families will later join the principal applicant again once Resident Visas are granted to the principal applicant and all dependent applicants.

I've also seen evidence on this forum that additional partnership evidence, detailing how you have maintained your relationship with your partner while separated under these conditions and circumstances, may be requested before the Resident Visas are granted.

4. How can one convert JSV to residence visa?

The operations manual is rather vague on this; SM3.20.5 only states that you must satisfy an immigration officer that you have obtained an offer of ongoing skilled employment during the deferral period.

It would be reasonable to presume that INZ will tell you the process to follow, either when you have been invited to apply for a Work Visa under Skilled Migrant Category Job Search Instructions, or when said Work Visa has been issued. One can always ask INZ themselves, and you may find that people on this forum who have gone through this same process may be willing to share their experiences.

[cijoc]

Thanks a lot for the quick and prompt response.

Much Appreciated !!!