Immigration Minister thoughts - work visa extensions getting tough

[deverett]

It gets quiet expensive, lodging an application every year. Or every six months. I hope they do something about it.

I hope this is one thing the ombudsman looks at, it's totally unfair we are expected to pay $500 each for a new visa and of I need a second one an extra $500 on new medical and police checks. It's not our fault that with 2 years notice of our intentions to stay they have still not looked at the application, 2 years was plenty of notice with an estimated turnaround of 10 months at the time of submission but if I want to keep it active I have to potentially pay $2000 in fees to stay here legally until they sort their act out.

I've applied for a managerial role in our company now, I've no idea if or how I can take that job in the current situation but I just want the bigger salary to make this nightmare end if I can.

[robbo1234]

The point that I was trying to make earlier is that, in the case where an exemption for the labour market test applies due to an SMC application being in progress for that same role, the "renewed" Essential Skills Work Visa may only granted for one year's duration, with only one further Essential Skills Work Visa for an additional 6 months being possible in "exceptional circumstances" if a decision on the SMC application is not yet made by the time that 12 month Essential Skills Work Visa expires. Again, see WK3.20.10 (WK3.20.10(b) being the section that heavily implies a limit on SMC-related labour market test exemptions).

The uncertainty that I therefore have, to which I can find no obvious answer, is what happens in a case where all SMC-related labour market test exemptions under WK3.20.10 have been exhausted, and still no decision is reached on the SMC application -- WK3.20.10 as it stands was not designed to cater for the massive backlogs currently plaguing SMC. It's plausible that INZ may grant a further Essential Skills Work Visa without requiring a labour market test as an exception to instructions, and it's just as plausible that, in a situation where all SMC-related labour market test exemptions under WK3.20.10 have been exhausted, INZ may request a labour market test anyway irregardless of the state of the SMC application. As of yet, there appears to be no guidance in Visa Paks or otherwise for this scenario, which is definitely unknown territory -- the people that wrote WK3.20.10 definitely did not anticipate the current SMC situation.

CO's have to assess applications by the rules in place when the client applied though don't they?

[JandM]

That has almost always been what they have done when there's been a rule change, but it isn't an absolute, and this is an unprecedented situation .

[deverett]

That has almost always been what they have done when there's been a rule change, but it isn't an absolute, and this is an unprecedented situation .

I thought it was a legal requirement that they had to. They can tweak the operations manual to do things like tighten up labour market testing but my understanding was legally we entered in to this process under agreed legislation and that is the legislation by which your application must be judged. They would need to use the emergency powers to make a change such as changing the rules on everyone that has applied and they've actively said this is not what those powers are implemented for.

My biggest concern however is I have not applied for a replacement ESV yet as I have until January, if the rules change on that 1 year visa based on SMC applications not being labour tests changes I may struggle to remain legally in the country to keep the SMC application valid.

[EGoodhue]

My biggest concern however is I have not applied for a replacement ESV yet as I have until January, if the rules change on that 1 year visa based on SMC applications not being labour tests changes I may struggle to remain legally in the country to keep the SMC application valid.

If you believe the skeptics that are putting their opinions around the place, this is what the Government is hoping will happen - people won't be able to maintain the job they have applied for Residence with, thereby cutting the demand for Residence down by default (not my personal opinion, but what I have heard through the grapevine).

[Frankgo]

If you believe the skeptics that are putting their opinions around the place, this is what the Government is hoping will happen - people won't be able to maintain the job they have applied for Residence with, thereby cutting the demand for Residence down by default (not my personal opinion, but what I have heard through the grapevine).

But you think they really stuffed up closing all the overseas branches and they are just trying to work thru the backlog with the resources they have?

Sometimes I try really hard to believe that, but at this stage is really hard for me to believe that the Government is being honest with us. Specially since the Deputy PM based his campaign on cutting down immigration and this is the year to "deliver" as the politicians say.

[mad_wild]

If you believe the skeptics that are putting their opinions around the place, this is what the Government is hoping will happen - people won't be able to maintain the job they have applied for Residence with, thereby cutting the demand for Residence down by default (not my personal opinion, but what I have heard through the grapevine).

This has literally just shot my anxiety levels through the roof. I'm in the same situation as deverett with my ESV expiring Jan 2021, and no sight of a CO allocated to my SMC Application any time soon. I'm about 235% that my SMC obviously won't be processed before Jan 2021, so just wondering if I should apply for my 1 year ESV extension now in case they change some of the instructions again so that a labour test might possibly be applied even to the ESV extensions who have SMC applications waiting to be processed? I assume that if it gets processed quickly enough the extension of my current ESV would only begin once the old one expires right so it'd be valid at least till Jan 2022?

[Cheech]

This has literally just shot my anxiety levels through the roof. I'm in the same situation as deverett with my ESV expiring Jan 2021, and no sight of a CO allocated to my SMC Application any time soon. I'm about 235% that my SMC obviously won't be processed before Jan 2021, so just wondering if I should apply for my 1 year ESV extension now in case they change some of the instructions again so that a labour test might possibly be applied even to the ESV extensions who have SMC applications waiting to be processed? I assume that if it gets processed quickly enough the extension of my current ESV would only begin once the old one expires right so it'd be valid at least till Jan 2022?

My visa was set to expire June 2020, I applied for ESV in March and it was processed in a week - valid until March 2021, so unfortunately not from when your current visa expires.

[mad_wild]

My visa was set to expire June 2020, I applied for ESV in March and it was processed in a week - valid until March 2021, so unfortunately not from when your current visa expires.

This is ridiculous

[mike13]

This has literally just shot my anxiety levels through the roof. I'm in the same situation as deverett with my ESV expiring Jan 2021, and no sight of a CO allocated to my SMC Application any time soon. I'm about 235% that my SMC obviously won't be processed before Jan 2021, so just wondering if I should apply for my 1 year ESV extension now in case they change some of the instructions again so that a labour test might possibly be applied even to the ESV extensions who have SMC applications waiting to be processed? I assume that if it gets processed quickly enough the extension of my current ESV would only begin once the old one expires right so it'd be valid at least till Jan 2022?

Today i have received email from CO they’re back in office and going to start accessing my file. My lodgement date was March 2018.