SMC - JSV Doubts !!!

[cijoc]

Hi,


Someone, please explain the JSV application process when someone applies SMC- offshore?


Once the ITA - documents are reviewed successfully, will the CO directly offer JSV directly or one had to complete some immigration forms for JSV?

Also, when I get a job in NZ, what will be the procedure for residence?

Please advise.

[Kelerei]

My understanding, from others sharing their experiences here (and from WR5(c)), is that the JSV is a separate application, and that INZ will tell you what to do if they invite you to apply for one.

Presumably, either when inviting you to apply for a JSV or when your JSV is successful, they will also tell you what the procedure for gaining residence is -- SM3.20.5 merely says that you must satisfy an immigration officer that you have received an ongoing offer of skilled employment, and does not say how to satisfy the immigration officer.

I don't know any more detailed information than this; you'll have to talk to someone who have either been through the JSV process themselves (and who are willing to share their experiences) or a LIA.

[JandM]

Yes, from what people have said on the threads (e.g. here https://www.enz.org/forum/showthread...181#post578181), if the ITA checks out for a person overseas with no skilled job offer in NZ, they will be notified that they're being offered a JSV. They then have to reply within three months, with certain documents (all detailed in the instructions received). Likewise, when you get the JSV, more instructions will come which tell you what to do when you get a job skilled offer, which will then release your deferred residence.

[cijoc]

Thanks for the info.

If JSV is issued for the primary applicant, then which category visa will be issued for the rest of the family which was included in the initial SMC?

[TheNewKiwi]

No visas for your family will be issued automatically. Page 16 of the Application for Residence Guide (INZ 1105) addresses this.

It states that if you are offered the JSV: "Your family members are not automatically eligible for any temporary entry visas that are linked to your SMC Job Search work visa. If any family members wish to accompany you, they must apply and meet standard temporary entry class visa instructions."

You can find the guide here: https://www.immigration.govt.nz/docu...es/inz1105.pdf

[JandM]

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, 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.