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Thread: Work visa extension while awaiting SMC residency application decision

  1. #1
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    Default Work visa extension while awaiting SMC residency application decision

    We have submitted a SMC residency application in May this year and no CO in sight. Our current work visa will expire in May 2020 and by the looks of it we’ll need to apply for a new work visa/extension to stay lawful while we await our residency application to be processed. My partner is the principal applicant and his profession - Solid Plasterer - is on the Construction and Infrastructure skill shortage list. I met with a LIA today to get advise on when to apply and what documents to submit etc. From my understanding until today it was possible to get a 12 months extension based on the fact that an ITA was issued or in our case a residency application was lodged. However, the LIA informed me we can get a new 3 year work visa if the main applicant’s profession is on a skill shortage list. I couldn’t find any evidence for this on the INZ page and was wondering whether someone can tell me where to find this information or what kind of visa you were granted in the same situation. Thanks

  2. #2
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    My workmate who is a Baker got his extended work visa for 3 years while he was waiting for his residency, and yes baker is in region skill shortage list.

  3. #3
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    Thanks for your reply. The LIA told me there was a certain box we had to tick which said the profession is on a skill shortage list and if we tick this box we’ll get 3 years and if we tick the box we have applied for SMC residency we’ll only get one year but I couldn’t find the skill shortage box so I was a bit confused.

  4. #4
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    Is it an Essential Skills Visa that your partner has at the moment?

  5. #5
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    Yes, he’s on a 3 year Essential Skills Work Visa

  6. #6
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    I haven't heard of a way of getting an EXTRA three years, regardless of how long someone has held a first ESV. Here https://www.immigration.govt.nz/opsmanual/#66940.htm is the page from the INZ operational manual about the total length of time visas can be granted for. I notice it mentions no special provisions that would go above the normal limits if trying to get a further visa when the applicant's job is on a skill shortage list. (When an applicant wants another visa, they have to apply for a new one, just as at first - there isn't an option to prolong the existing visa.)

    For the sake of attempting completeness, though you may have already seen these pages, I'm including the other information I've found. On the INZ factsheet about the ESV, under the heading Availability of New Zealanders, there is this.
    You must provide an ‘Employer Supplementary Form’ completed by your employer describing the work you’ve been offered. Your employer must also provide evidence they have made genuine attempts to recruit New Zealanders, unless one of the following applies:

    The job you’ve been offered is on one of the Essential Skills in Demand Lists and you meet the qualification and work experience requirements listed for your occupation.
    You are applying to continue working in the role you currently hold and have been invited to apply, or have applied, for a Skilled Migrant Category Resident Visa based on your current employment.
    There is then a link to the Skill shortage check list, where the conditions are listed https://skillshortages.immigration.g...lid-plasterer/ for a Solid Plasterer to count under that heading.

  7. #7
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    Quote Originally Posted by JandM View Post
    I haven't heard of a way of getting an EXTRA three years, regardless of how long someone has held a first ESV. Here https://www.immigration.govt.nz/opsmanual/#66940.htm is the page from the INZ operational manual about the total length of time visas can be granted for. I notice it mentions no special provisions that would go above the normal limits if trying to get a further visa when the applicant's job is on a skill shortage list. (When an applicant wants another visa, they have to apply for a new one, just as at first - there isn't an option to prolong the existing visa.)

    For the sake of attempting completeness, though you may have already seen these pages, I'm including the other information I've found. On the INZ factsheet about the ESV, under the heading Availability of New Zealanders, there is this. There is then a link to the Skill shortage check list, where the conditions are listed https://skillshortages.immigration.g...lid-plasterer/ for a Solid Plasterer to count under that heading.
    I just wonder how this will be affected by the changes in all companies employing temporary visa holders (such as ESV) needing to become accredited by 2021? I'm on an ESV and will likely need another if my SMC isn't processed within the next 12 months...will my employer need to become accredited so I can continue my role I currently hold?

  8. #8
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    https://www.immigration.govt.nz/know...-question-1098

    Applications for Essential Skills work visas where an applicant is awaiting a Skilled Migrant Category decision.
    You may be granted an Essential Skills work visa, valid for 12 months, without the usual requirement for evidence showing that New Zealand citizens or residents are not available to do the work offered, if:
    • you currently hold a temporary work visa; and
    • you have applied for an Essential Skills work visa to continue working in that role; and
    • you meet all other requirements of Essential Skills work visa instructions; and
    • you have been issued an Invitation to Apply under the Skilled Migrant Category (SMC) and retain the ability to apply ,or have made an application for residence under the SMC and that application has not yet been completed; and
    • your Expression of Interest was selected in part on the basis of points claimed for skilled employment in the role you currently hold.

  9. #9
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    Thanks JandM. This was the same information I found. Extension or extra might not have been the best choice of words but the LIA used these which caused more confusion for me than clarification.

    Mad_wild.. According to the LIA the changes to accredited employer won’t affect our application as we already have submitted a SMC application.

    Thanks robbo1234 - that’s the same information that I thought was valid but the LIA specifically said ours could be 3 years if we tick the box skill shortage list instead of submitted a SMC application. However, I can’t find this box on relevant forms or any evidence on the INZ page that this is the case..

  10. #10
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    I have a related question.
    I got a year long ESV in March 2020 while waiting for my SMC application to be processed, but I don't think that my SMC visa will be processed by that time (I'm forecasting CO allocation in mid~late February).
    Considering that the ESV will cease to exist in 2021, does anyone know what would happen to people that need this extension while waiting?
    The new work visa that's going to be introduced in 2021 and replaces most temporary visas requires, among other things, that the employer holds INZ accreditation.
    I'm wondering what would happen in that case because my employer is not accredited, and after reading up on the current rules about becoming an accredited employer, my company would not meet the requirements (paying people 80k for instance).

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