Partnership Essential Work Visa with an ongoing SMC Application

[chrispaucci]

Hello guys!

Apologies in advance if this have already been asked before. However, I couldn't find a similar case to this which is under partnership.

Anyway, my partner and I have lodged our SMC under partnership and got invited on September 2019. As we all know that there's huge backlog at the moment which taking ages to process SMC applications.

Due to this, we are worrying about our current work visa under partnership which will be expired on May 2021 and presuming that our SMC application won't be processed until then.

Therefore, we are planning to extend our work visa (up to 3 years) just so we can breathe ourselves out ✌.

So, I have a few doubts that I want to clarify in regards to this:

- Is it okay to apply a Work Visa under Partnership with an ongoing SMC application under Partnership?

- Is it okay to use old documents from what we have provided to our SMC application? Given that we'll provide more newer documents and proofs

- I've read this somewhere that if I just want to extend my work visa for 6 - 12 months while having an SMC application, my employer doesn't need to do labour market test? If so, can I just still provide this even if its unnecessary?

Thank you in advance for your answers! ╰(*°▽°*)╯

[Kelerei]

There's no such thing as a "SMC application under Partnership" -- either you included your partner as a non-principal applicant in your own Skilled Migrant Category Resident Visa application, or this is actually an application for a Partner of a New Zealander Resident Visa. I'll attempt to answer in a way that applies to both possibilities.

Right, then...

- Is it okay to apply a Work Visa under Partnership with an ongoing SMC application under Partnership?

It's pretty much mandatory to apply for a further temporary entry class visa in any situation where a current temporary entry class visa will expire before a decision is made on a residence class visa application, because Interim Visas are only issued to applicants for a further temporary class entry visa (see I1.5).

The only other option is to leave the country and await the decision on the residence class visa offshore.

- Is it okay to use old documents from what we have provided to our SMC application? Given that we'll provide more newer documents and proofs

I can't legally answer this part of the question, sorry. The best I can do is point you at E4.5.5 (eligibility of partners for temporary entry class visas), and all the sections in the operational manual that E4.5.5(c) links to.

- I've read this somewhere that if I just want to extend my work visa for 6 - 12 months while having an SMC application, my employer doesn't need to do labour market test? If so, can I just still provide this even if its unnecessary?

Have a look at WK3.20.10 -- this should answer your queries in this regard.

[chrispaucci]

Hello Kelerei,

Thanks for your answers appreciate it, I may have used the wrong words here but you are right I have lodged an SMC application including my partner as a non-principal applicant.

I will make some time to review the operational manual in regards using old documents for evidence that we have a genuine relationship.

Thank you appreciate it!

[max3010]

HI guys!

I really needed some explanation on this, thanks for your answers!
My partner and I are in the same situation, I am the principal applicant and my work visa would expire on July 5th, and it got extended till September as many of you guys too.

But my partner's visa - partner of a worker work visa - is valid until July 10th and therefore he was excluded of the extension. I know. Crazy. It sucks. :T
We have been waiting close to 17 months now to have and C.O. assigned to our SMC Residence Visa application. ITA Oct/2018 and Lodgement date is 21/Jan/2019.

My partner will need to apply for another partner of a worker work visa in July, being that we only have four weeks. Right?
But at same time we are waiting on our application to be assessed and theorically could have an interim visa granted?

Anyone same situation?
Anyone has had a contact from a C.O that does not meet the priority criteria?

I have tried email them at EVE and got denied three times already.
Since we are both working full time and have all the intention of continuing our lives in NZ would there be a chance our application can be at least tagged for faster allocation?

Thanks again, really appreciate anyone who takes their time to read this, relate to this, resonate with the way out of the stress and reply here.

[satty02]

HI guys!

I really needed some explanation on this, thanks for your answers!
My partner and I are in the same situation, I am the principal applicant and my work visa would expire on July 5th, and it got extended till September as many of you guys too.

But my partner's visa - partner of a worker work visa - is valid until July 10th and therefore he was excluded of the extension. I know. Crazy. It sucks. :T
We have been waiting close to 17 months now to have and C.O. assigned to our SMC Residence Visa application. ITA Oct/2018 and Lodgement date is 21/Jan/2019.

My partner will need to apply for another partner of a worker work visa in July, being that we only have four weeks. Right?
But at same time we are waiting on our application to be assessed and theorically could have an interim visa granted?

Anyone same situation?
Anyone has had a contact from a C.O that does not meet the priority criteria?

I have tried email them at EVE and got denied three times already.
Since we are both working full time and have all the intention of continuing our lives in NZ would there be a chance our application can be at least tagged for faster allocation?

Thanks again, really appreciate anyone who takes their time to read this, relate to this, resonate with the way out of the stress and reply here.

As Kelerei, has mention Interim visa will only be granted only if you have a temporary visa application with INZ, just because you have been waiting for that long it would not help, unfortunately

and priority allocation will happen only if you earn more than 106K/year or your profession require registration in NZ.

[max3010]

I know, I know ;T
Just wondering what would be the opinion of an Immigration Adviser like Erin??

[EGoodhue]

Hello guys!

Apologies in advance if this have already been asked before. However, I couldn't find a similar case to this which is under partnership.

Anyway, my partner and I have lodged our SMC under partnership and got invited on September 2019. As we all know that there's huge backlog at the moment which taking ages to process SMC applications.

Due to this, we are worrying about our current work visa under partnership which will be expired on May 2021 and presuming that our SMC application won't be processed until then.

Therefore, we are planning to extend our work visa (up to 3 years) just so we can breathe ourselves out ✌.

So, I have a few doubts that I want to clarify in regards to this:

- Is it okay to apply a Work Visa under Partnership with an ongoing SMC application under Partnership?

- Is it okay to use old documents from what we have provided to our SMC application? Given that we'll provide more newer documents and proofs

- I've read this somewhere that if I just want to extend my work visa for 6 - 12 months while having an SMC application, my employer doesn't need to do labour market test? If so, can I just still provide this even if its unnecessary?

Thank you in advance for your answers! ╰(*°▽°*)╯

In terms of using the old documents for a new visa application, INZ are likely to ask you to provide updated ones if you try this. Given that it's been a few months since you applied for SMC, they'll want to see evidence that your relationship is genuine and stable now for a new work visa application, rather than rely on old evidence (keeping in mind that INZ sort of take the position that everyone is dodgy until proven otherwise!). You can refer to the evidence submitted with your SMC application and ask the case officer assessing your new work visa application to also review this, but also provide new and current evidence of your relationship.

For the evidence of a labour market test, it's not required when applying for an Essential Skills work visa when you have an SMC application in the queue. Save your employer and yourself some time and hassle and don't go to the bother of gathering labour market test evidence - you won't need it, and it won't benefit you to provide it.

[EGoodhue]

HI guys!

I really needed some explanation on this, thanks for your answers!
My partner and I are in the same situation, I am the principal applicant and my work visa would expire on July 5th, and it got extended till September as many of you guys too.

But my partner's visa - partner of a worker work visa - is valid until July 10th and therefore he was excluded of the extension. I know. Crazy. It sucks. :T
We have been waiting close to 17 months now to have and C.O. assigned to our SMC Residence Visa application. ITA Oct/2018 and Lodgement date is 21/Jan/2019.

My partner will need to apply for another partner of a worker work visa in July, being that we only have four weeks. Right?
But at same time we are waiting on our application to be assessed and theorically could have an interim visa granted?

Anyone same situation?
Anyone has had a contact from a C.O that does not meet the priority criteria?

I have tried email them at EVE and got denied three times already.
Since we are both working full time and have all the intention of continuing our lives in NZ would there be a chance our application can be at least tagged for faster allocation?

Thanks again, really appreciate anyone who takes their time to read this, relate to this, resonate with the way out of the stress and reply here.

Interim visa is only applicable when you have submitted a new temp visa application and it's not processed before your current temp visa expires. An Interim visa won't be issued if your current temp visa expires and you haven't submitted a new temp visa application just because you have a Residence application in process.

The SMC queue is stuck at applications lodged on 17 December 2018 and has been since March. I don't know of any EVE requests that have been approved since March - even requests I have submitted on the basis of client's mental health suffering have been declined. INZ have no compassion in this regard.

[mandarin]

But my partner's visa - partner of a worker work visa - is valid until July 10th and therefore he was excluded of the extension.

Isn't a partner of a worker working visa (or any partner visa for that matter) automatically the same length as the principal applicant's work visa. How can they have different duration?

[JandM]

Because the extension was done under the pandemic regulations, so normal rules didn't apply.