Applying for Essential Skill Work visa while waiting for SMC result

[JandM]

Yes, it's ridiculous, and it's against natural justice.

The trouble is that a private person or an employer has no power to balance that of a government during its term of office; when applying for a visa, they have to present their case in the way the regulations state (and the way the government has directed INZ to interpret them), or they won't get it. Sometimes, a very large protest can catch a government's attention and make them change their mind on a certain matter - something of that kind seemed to be brewing before the pandemic about the way residence applications under SMC were being (not) dealt with. Maybe that lobbying will pick up again now the pandemic regulations have been scaled down a level, which might give the issue some importance for the election due in September.

[deverett]

It is a shame that some momentum has been lost on the SMC complaints, but under lockdown we now at least have confirmation that the ombudsman is looking in to the prioritisation that's not helping the backlog.

The backlog problems are annoying but combined with policies that mean no interim visas and only a 12+6 month extension to work visas could result in people having very limited visa options that is entirely due to the backlog that INZ created themselves. With residence from work visas now also joining the 15+ month queue with only 6 months left on their visas when they join I'm expecting major backlash from more applicants as the extension policy with no interim option is just broken with such a long processing time on SMC.

We were very lucky to have applied with 2 years left on our work visa, but we are only a few months off of having to reapply as leaving it any later will mean getting replacement medicals as mines approaching 3 years old now. It's also crazy that the 3 year old medical and 2 year old police certificates are fine for our permanent visa but not a 12 month work visa extension if we wait until the end of the year to give them more time to look at the SMC application.

[srikanthms]

Yes , this is true .
"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,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."

[flatironjoe]

FYI, I am on my second Essential Skills visa while waiting for my SMC (applied March 2019). The second one was approved very quickly and was good for another year.

[winsome]

Would the process be same for someone on Post Study Work Visa with a SMC Visa application in queue?

[JandM]

What process do you mean? - having to apply for another temporary visa?

[Kelerei]

I think the "process" that winsome is referring to is applying for an Essential Skills Work Visa while having a SMC application in progress, while not currently holding an Essential Skills Work Visa.

And yes, the same process applies, regardless of current visa. If WK3.20.10 applies, INZ does not need to be satisfied that there are no New Zealand citizens or residence class visa holders available to do the work offered.

One thing that is worth keeping in mind is that the Post-Study Work Visa is an "open work visa" (it allows work in any occupation, for any employer, in any location in New Zealand), and the Essential Skills Work Visa is employer-specific -- and that means that, if your Essential Skills Work Visa application is still being considered when your Post-Study Work Visa expires, any Interim Visa issued will have Visitor Visa conditions (per I1.20). If you don't want to lose your ability to work because of this, your only option is to apply for the Essential Skills Work Visa well in advance of the Post-Study Work Visa expiring, so that it may be granted before your current visa expires.

[winsome]

I think the "process" that winsome is referring to is applying for an Essential Skills Work Visa while having a SMC application in progress, while not currently holding an Essential Skills Work Visa.

And yes, the same process applies, regardless of current visa. If WK3.20.10 applies, INZ does not need to be satisfied that there are no New Zealand citizens or residence class visa holders available to do the work offered.

One thing that is worth keeping in mind is that the Post-Study Work Visa is an "open work visa" (it allows work in any occupation, for any employer, in any location in New Zealand), and the Essential Skills Work Visa is employer-specific -- and that means that, if your Essential Skills Work Visa application is still being considered when your Post-Study Work Visa expires, any Interim Visa issued will have Visitor Visa conditions (per I1.20). If you don't want to lose your ability to work because of this, your only option is to apply for the Essential Skills Work Visa well in advance of the Post-Study Work Visa expiring, so that it may be granted before your current visa expires.

That answers my question,Cheers!

On a side note I filled my online application today and the "Upload Documents" section is requesting "Completed Employer Supplementary Form (INZ 1113) including all supporting documents requested on the form".Would it be alright to upload a cover letter, mentioning that it was recently provided with the SMC Application (Jan 2020)?

[allune]

@winsome that’s not the same one you submitted with the SMC application (INZ 1235).

[Kelerei]

Yes, that's a different Employer Supplementary Form -- INZ 1113 is for all employer-based Work Visas, and INZ 1235 is for SMC. You'll need your employer to complete the INZ 1113 form, and return it to you so that you can submit it with your application.

Note that the "labour market test" part of that form (Section C) may be omitted by your employer if you wish to continue working in the role you currently hold, and you have been invited to apply or have applied under the Skilled Migrant Category based on this employment (again, due to the provisions of WK3.20.10).