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Thread: Essential skill visa

  1. #1
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    Default Essential skill visa

    Hey guys
    I am in a bit of a tough situation. I am currently on a ESV( low skilled) in a grocery store in Auckland. My visa expires on 2nd March, 2021.
    I have been offered a job near Hamilton as chilled/frozen manager on 22 bucks an hour at fresh choice( supermarket). As we all know, currently immigration isn’t processing ESV because of the lockdown.
    As far as I know, I can’t do VOC on my current visa as my job is not on that skill shortage list plus I be changing employer, job location and job role.
    So that mean I would have to apply for new ESV, but like I have around 10 months left on my current visa so when I get the new visa, would the duration of the visa be the same as its now, I mean would it still expire on 2nd March, 2021?
    I am on low skilled ESV 2nd year, so if I get the new visa would they still consider it as my 2nd year on low skilled visa?
    Also I can’t provide SMC report because work and income is shut, so what may happen if I submit my file without the report?
    My position is chilled/frozen manager/buyer and pay rate is 22 bucks an hour so based on pay rate I do quality for 3 year visa however not sure about my position, has anyone got a 3 year visa working as a department manager in a supermarket?
    I don’t want to miss on this, because the job offer is really good. But my boss won’t wait for me longer than a month or month and a half.
    Any help would be appreciated guys.
    Thanks

  2. #2
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    Mar 2018
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    Default

    INZ are slowly starting to process some work visa applications now - albeit, very slowly.

    A new work visa would have a new expiry date - not related to the expiry of your current visa. You can have work visas for 'lower-skilled employment' for a total of 3 years, starting from the date your first work visa for the first lower-skilled role is granted.

    It's possible to submit a work visa application without a Skills Match Report at the moment - INZ are aware that WINZ is closed. Just include a cover letter with an explanation as to why you can't provide a SMR right now.

    If you can prove that your role substantially matches the ANZSCO description for Retail Manager (Skill Level 2), then you may be granted a 3 year work visa. But if your new role matches the ANZSCO description for Retail Supervisor, it will be a 1 year work visa.

  3. #3
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    Default

    Thank you so much.
    What about retail buyer role like chilled/frozen buyer? Bcoz the store already has a retail manager.

  4. #4
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    The difficulty with the Retail Buyer ANZSCO description when working at a supermarket is that most of the tasks involved are actually undertaken by a head office role - since most products at one brand of supermarket are available at all stores, inferring that the buying role is centralised. But have a look at the tasks and if you can prove you do those ANZSCO tasks, you could make a case. The Retail Supervisor ANZSCO might be one to check out too.

  5. #5
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    Default

    Yeah I mean retail supervisor is definitely a possibility but problem is I can provide SMC report, so I have to submit my application without that.
    Another thing is, with that new bill being passed this week , lot of advisors are saying that there are chances that essential visas will be turned into open visas.
    What is your take on that?

  6. #6
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    Yes, with Retail Supervisor being Skill Level 4, you would normally need to provide a Skills Match Report, but INZ know that WINZ aren't giving these out at the moment, so they are willing to accept work visa applications without them for now.

    Several people (licensed advisers and others) are offering their personal opinions on social media and in the news - but these are personal opinions only. No one knows any more than anyone else about what the Government intends to do with the new powers once the Bill becomes law. Converting Essential Skills work visas to open work visas doesn't make a lot of sense logically, given that one of the safeguards to the NZ labour market of Essential Skills work visas is that an employer has to provide proof that they tried to recruit a NZ citizen or resident before offering the job to a migrant, thereby protecting jobs to be offered to 'Kiwis' first (in theory). When we're going to be facing high levels of unemployment as a result of Covid-19 restrictions, it doesn't make a lot of sense to give migrants open work visas to work in any job they want to if they can secure one, when there are going to be thousands of NZer's in competition for those jobs also.

    Your guess is as good as mine on what changes the new law will bring - we just don't know enough about what the Government intends yet and anyone saying otherwise is only speculating.

  7. #7
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    Default

    Yes I fully agree with you and that’s what I been wondering too regarding ESV but right now it’s all a guess work I suppose.
    Also if you don’t mind me asking, usually people say it’s impossible to get residency under a franchise business because the ch was office controls everything, the work place where I have been offered the job there is a guy there on 3 year visa as retail manager. So if Chu r has qualified for 3 year visa means immigration is satisfied with his job description as of ANZSCO, does that mean he can get residency too?
    Also does retail manager means the same as retail store manager?
    If yes, can there be 2 retail managers in the same store?

  8. #8
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    It is very difficult to have a Residence application approved when claiming skilled employment as a Retail Manager, if you work in an establishment that has most high-level decisions made by a head office. Those approved for Residence claiming skilled employment as a Retail Manager usually hold the Store Manager position, and Department Managers are usually deemed to be comparable to the ANZSCO description for Retail Supervisor (meaning you would need to earn at least $38.25 to be considered skilled).

    The assessment of an ANZSCO description made for a work visa is very different to that made for a Resident visa application - the applications are processed by completely different teams. An Immigration Officer processing a work visa application will only assess the applicant's role against an ANZSCO description very briefly, which is why some people get work visas issued as Retail Managers, but then a very in-depth assessment is made by Officer's assessing Residence applications and these people tend to get declined because the Officer does not deem their role to substantially match the ANZSCO description for Retail Manager.

    While you could argue that an establishment like a supermarket could have 2 Retail Managers in one store, due to the long hours that a supermarket is open for and it couldn't be expected that only one person would have the responsibility to organise and control the store operations for all those opening hours, it is difficult to be approved as a Retail Manager working in a franchise for Residence.

  9. #9
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    My employer today sent me the job offer letter. He has given me a time frame till 15 June for my visa. I highly doubt it would be processed in this short interval of time.
    Is there anything I can do to request to immigration?
    I don’t want to mess up this opportunity.

  10. #10
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    Default

    I think you need to politely explain to the new employer that INZ has not been working for 7 weeks now and are only slowly coming back to the office this week, so there are big delays with visa processing timeframes.

    He could try to request that your application gets processed as a priority by emailing EmploymentVisaEscalations@mbie.govt.nz and making a case that he needs you to begin work as soon as possible - but the criteria for escalations via this process are very strict and requests are often unsuccessful.

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