Need advice on SMC Resident visa process for onsite

[ramcode123]

Hi All,
I’m holding Specific purpose work visa (13months valid) for an employer in Wellington as contract (non accredited employer so I cannot get supplementary form). I recent moved to NZ 3months ago.

Now, I have 165 points based on points calculator without my current job in NZ. I need some clarification on below before I proceed.

So, if I apply SMC resident visa do I have to supply current employment details to immigration?
After successful processing do I get job SMC Search visa or resident Visa directly?
My employer is not willing to provide Supplementary form (inz1235) so can I add current job while submitting to immigration or not?

Please advice.

[Kelerei]

I do not know what happens when one doesn't claim points for skilled employment, but is, in fact, in skilled employment. Were I in your position, I would include your current skilled employment in your application, but then include a statutory declaration stating that the employer is refusing to complete the INZ 1235 Employer Supplementary Form. (Although, given the contract nature of your employment, it may not even count as skilled employment after all: see SM6 to ascertain whether it does or doesn't.)

What I do know is that, under normal circumstances, an applicant without points for skilled employment will, if meeting all other requirements, have the Resident Visa application deferred, and be invited to apply for the SMC Job Search Work Visa. The applicant is then given a limited period of time to obtain skilled employment, and the Resident Visa then granted when skilled employment is indeed obtained. See SM3.20.

The accepted wisdom on this forum is that lack of the INZ 1235 form for onshore applicants is generally a deal breaker, and that they should seek alternative employment -- but this has all been for people that cannot reach the 160 point threshold without current skilled employment. This is the first instance that I have seen on this forum where the applicant can reach that threshold without current skilled employment. Perhaps seeking the advice of INZ themselves, or a licensed immigration advisor, would not be a bad idea.

Finally, be aware: if your Resident Visa has not yet been granted by the time your current Work Visa expires (likely, given current SMC processing times), and you have not applied for a further Work Visa, you will need to leave New Zealand and await the outcome offshore. See I1.5 as to the circumstances where you may be granted an Interim Visa to remain in New Zealand.

[JandM]

Sorry for giving bad news, but you have to have a skilled job AND provide the details of it, supported by the Employer's Supplementary Form, as part of the requirements for being granted residence under the Skilled Migrant Category, even if you don't want to claim any points for it (or could make the 160 threshold without). It's here https://www.immigration.govt.nz/new-...-visa#criteria, as one of the criteria (under the heading Skilled employment). Also see SM1.5 g, here. https://www.immigration.govt.nz/opsmanual/#66762.htm Points for employment in New Zealand are necessary in order to get residence, rather than the SMC job search visa.