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Thread: South Island Contribution Residency

  1. #1
    Join Date
    Jun 2015
    Location
    NZ
    Posts
    27

    Default South Island Contribution Residency

    Hi all,

    I'd like to know if anyone has any info on timeframes for residency applications to be processed for work to residence visas, specifically the South Island Contribution visa.

    I am currently on this visa and it expires soon. The visa lasts 2.5 years, and you can apply for residency under the category after 2 years. Trouble is, that only leaves 0.5 years for the residency to be granted which in the current climate is not likely to happen. INZ do offer a second visa if you have made an application for residency under the category, which is valid until the residency decision has been made. This means those on the visa can continue to work in the meantime.

    My circumstances are a bit different. I was granted the first visa under an exception to instructions. This means that if I apply again for a second visa, presumably I'd be assessed against the same instructions for the first visa, which was a terribly long and difficult process for me until the exception to instructions was granted.

    If I apply for a second South Island Contribution visa, is it likely that a second one will be granted (the common sense option) or would I face the same difficulties I did with the first one?

    Anyone know of anyone else who has been granted residency under this scheme? Or any other relevant info?

    Cheers.

    Edit - I see the processing time for the second visa is 6 months. This is not ideal.
    Last edited by NiceCupOfTea; 12th February 2020 at 02:07 PM.

  2. #2
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    322

    Default

    Quote Originally Posted by NiceCupOfTea View Post
    My circumstances are a bit different. I was granted the first visa under an exception to instructions. This means that if I apply again for a second visa, presumably I'd be assessed against the same instructions for the first visa, which was a terribly long and difficult process for me until the exception to instructions was granted.

    If I apply for a second South Island Contribution visa, is it likely that a second one will be granted (the common sense option) or would I face the same difficulties I did with the first one?
    WR7.25 mentions the circumstances where one may be granted a subsequent South Island Contribution Work Visa. You must:

    • currently hold a South Island Contribution Work Visa, and
    • must have made an application for a South Island Contribution Resident Visa (and no decision has yet been made on that Resident Visa), and
    • must provide evidence of meeting WR7.10(b) – WR7.10(f), which are:
      • you must be in full-time (see W2.2.10), lawful employment in the South Island; and
      • you have undertaken full-time, lawful employment in the South Island as the holder of an Essential Skills work visa, or an interim visa, for five years between 22 May 2012 and 22 May 2017 (see WR7.10.1); and
      • you have acceptable ongoing employment, or an offer of acceptable employment, in the South Island (see WR7.10.5); and
      • you meet the health and character requirements for residence set out at A4 and A5; and
      • you meet the requirements for bona fide applicants set out at E5.


    If you do not meet WR7.10(b) – WR7.10(f), an immigration officer must consider granting you a South Island Contribution Work Visa as an exception to instructions; in particular, an immigration officer must consider the objective of the South Island Contribution Work Visa (WR7.1) and your circumstances if you fell marginally short of the "five years between 22 May 2012 and 22 May 2017" requirement. See WR7.10.10.

    If you are a Filipino dairy worker described in WR7.30, WR7.30 itself will apply to your subsequent South Island Contribution Work Visa (as it would have done for the original Work Visa), and RW8.10 will apply to your South Island Contribution Resident Visa application.

    There are continued employment requirements you must meet for the South Island Contribution Resident Visa; see RW8. You may also have employment requirements and restrictions continued even after you are granted a South Island Contribution Resident Visa, by means of Section 49(1) conditions (see RW8.5).

    Timelines are currently 6 months for a subsequent South Island Contribution Work Visa, and 12 months for the South Island Contribution Resident Visa.

    If you end up in a situation where your South Island Contribution Resident Visa application is still processing, and your current South Island Contribution Work Visa is about to expire, you will need to apply for a new South Island Contribution Work Visa to remain lawfully in New Zealand. This will bring Interim Visas into play if the subsequent Work Visa application is still processing when the current one expires, which will allow you to legally remain in New Zealand for up to an additional 6 months pending decisions on applications. I've explained why this is so over here.

  3. #3
    Join Date
    Jun 2015
    Location
    NZ
    Posts
    27

    Default

    I'm more trying to gauge whether it's likely that INZ would grant a second visa as an exception to instructions, given that this is what the first was granted as. The scenario you describe leaves the possibility that the second visa would be declined after the first visa has expired, leaving me with no current visa which is what I'm trying to avoid.

    I was granted a visa as an exception to instructions because I didn't fully meet WR7.10(b) to WR7.10(f), however I did meet the overall objective at WR7.1. The purpose of the second visa is to enable applicants for the residence visa to remain in NZ and work while the residence application is assessed. Since I have been granted the first visa, it would not make sense for INZ to decline the second visa, however an officer strictly following the instructions would in theory be correct in doing so. The instructions for the subsequent visa also include meeting WR7.10(b) to (f), which I do not.

  4. #4
    Join Date
    Feb 2008
    Posts
    36,299

    Default

    I don't remember seeing anyone on the forum being granted this visa except you, so there aren't any precedents to point you to. Is there anyone out there who can help?

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