Applying for Essential Skill Work visa while waiting for SMC result

[waigor]

Hi everyone.

I have already submited my application for Skilled Migrant Catagory (SMC). My current open work visa is expiring soon, so I am looking for options.

When I was doing research, I found that if I had already hold a temporary work visa, and have an SMC application currently under assessment, then I don't need to submit a labour market test for applying for essential skill work visa (from INZ1016 Page 6). Is this applying to every applicant? Did anyone actually try this? I cant find any case on the internet. Probally other applicant never need to wait for SMC that long in the past...

And also I found some information on some old website saying that, if I apply for Essential Work Visa when waiting for SMC result without submitting labour market test, I could only get 18 months visa (even if I meet the requirement for 3 years or 5 years). Can anyone comfirm this?

I found the information on this website which is written on 2018-10-14: https://mbl.nz/2018/10/14/essential-skills-work-visa/
See this highlighted text if you can read Chinese
Annotation 2020-04-30 202128.jpg

Thanks in advanced

[EGoodhue]

Yes, there is a provision under WK3.20.10 of the Operational Manual that says if you have an SMC application in with INZ (but it is not yet decided) and you need a new work visa for the role you currently hold, then an Essential Skills work visa can be applied for without the need to provide evidence of the employer making a genuine attempt to recruit NZers first (labour market test). Many people have done this recently, as SMC processing timeframes have been increasingly delayed for nearly a year now. The visa will be granted for 12 months, regardless of whether you would normally be eligible for a 3 or 5 year work visa. If your SMC application is still not finalised after that 1 year, one more work visa under these instructions may be granted for a further 6 months.

[waigor]

Thank you so much Erin. Your information really helps

Just curious, where is this (12 + 6 = ) 18 months number come from? Is it because in the past 95% application can be finalised within 18 months? What's gonna happen after the 6-month extension also finishes?

[JandM]

I doubt if INZ themselves know the answer to that one!

[EGoodhue]

This policy was in place long before it started taking INZ 18+ months to process SMC applications. I assume the initial 12 month timeframe was set because that was more than long enough to cover how long it used to take INZ to process SMC applications, and I doubt the extra 6 months ever used to be used before the backlog began.

These days some people might be facing having the 12 month + the 6 month visas and still not have their SMC application finalised - but that's yet to happen, as far as I know, and I can't imagine what INZ will do when it does.

[allune]

Our 12 month visa is almost up... We’re thinking of applying for the 3 year essential skills instead of the 6 months...

It feels very unfair as the position needs to be advertised again and a Kiwi must be considered first for the position even if my partner have worked in that position for years.

[deverett]

Our 12 month visa is almost up... We’re thinking of applying for the 3 year essential skills instead of the 6 months...

It feels very unfair as the position needs to be advertised again and a Kiwi must be considered first for the position even if my partner have worked in that position for years.

This seems crazy considering their backlog that they can enforce this mandatory top ups. Getting one is annoying but having to get a second and even then that may not be enough is crazy as it's their fault this mess is happening.

[JandM]

Our 12 month visa is almost up... We’re thinking of applying for the 3 year essential skills instead of the 6 months...

It feels very unfair as the position needs to be advertised again and a Kiwi must be considered first for the position even if my partner have worked in that position for years.

Given what EGoodhue has been saying - that it's likely that in future, the Labour Market test will probably be applied much more strictly, as a means of really pushing for NZers to be given employment ahead of migrants - that could be a dangerous step to take.

[allune]

@JandM I hear you... it’s not impossible that immigration will purposely make labour market tests even harder in the future...

hopefully we make the right decision for our situation.

[desilva]

ridiculous. even employers are not willing to re-advertise and they argue that they had already advertised the role interviewed many candidates and offered me the role. And now after a year or more why they should bother re-advertising the role and initiate the new hiring process just for sake of proving to inz? Also why should they support me in the first place when our smc file has not even been touched in last one year and there is no certainty of me getting a residence. The authorities delayed all this smc processing therefore there should be some sort of bridging visa till they make a decision. otherwise it just feels like we have been used here through false and misleading information. And it is actually creating a human dilemma here. because i believe whatever the smc policy they had been working on comfortably before is completely useless and irrelevant in current new economic circumstances. and probably they will wait lord knows how long just to check current labour market environment then spend some unlimited time to decide new smc policy . next year my visa expire and i will just go back with shattered hope and dreams