Post study work visa to permanent residency

[nishanthgurung]

Hello all,

Thank you for looking into my brothers immigration issue in NZ

My brother completed a level 5 degree in cullinary arts in New Zealand in may 2018. He is currently working as a chef on an extended post study work visa that expires in aug 2021. He would have completed 3 years in post study work visa by aug 2021. He mentioned that his work visa might not be extended post aug 2021 as he need to earn £25.5 per hour according to the changed rules for work visa extension. I tried looking for such change in rules online but haven't found any information that supports his claim.

Ideally, he would like to extend his work visa so that he can apply for permanent residence in new zealand. It would be great if someone can guide me on the options available for him to stay back in new zealand and if possible extend his current post study work visa or apply for a work to residence visa or permanent residency directly.

Kind regards

[Ranjha]

Hello all,

Thank you for looking into my brothers immigration issue in NZ

My brother completed a level 5 degree in cullinary arts in New Zealand in may 2018. He is currently working as a chef on an extended post study work visa that expires in aug 2021. He would have completed 3 years in post study work visa by aug 2021. He mentioned that his work visa might not be extended post aug 2021 as he need to earn £25.5 per hour according to the changed rules for work visa extension. I tried looking for such change in rules online but haven't found any information that supports his claim.

Ideally, he would like to extend his work visa so that he can apply for permanent residence in new zealand. It would be great if someone can guide me on the options available for him to stay back in new zealand and if possible extend his current post study work visa or apply for a work to residence visa or permanent residency directly.

Kind regards

Future changes that may affect you
From 27 July, we will start using a simple remuneration threshold to determine whether a job is lower-paid or higher paid. This means if you apply for a work visa for a job that pays below the median wage, your employer will need to include a Skills Match Report (SMR) from MSD. Your visa duration will be dependent on whether you will be paid above or below the national median wage.

Median wage right now is $25.50.
I found this Information on INZ website.

https://www.immigration.govt.nz/abou...0if%20approved.

[JandM]

https://www.immigration.govt.nz/new-...rk-visa/slider Here is an explanation of the length of time a person can work on a post-study work visa.

I am not finding anything under WD3.1 or WD3.5 https://www.immigration.govt.nz/opsmanual/#71685.htm that suggests it is possible to extend one of these visas once it expires. That would mean that he will need to look at his options for getting a different kind of work visa. Here is a summary of what is available. https://www.newzealandnow.govt.nz/mo...rary-work-visa As you will see, the Essential Skills Visa has no direct pathway to residence. The Work to Residence: Long Term Skill Shortage visa demands proven levels of a required skill, qualifications and experience. https://www.immigration.govt.nz/new-...=residence-NZL The Work to Residence: Accredited Employer visa needs him to be working for an accredited employer, and to be earning at least $79,560 a year. https://www.immigration.govt.nz/new-...=residence-NZL

[nishanthgurung]

https://www.immigration.govt.nz/new-...rk-visa/slider Here is an explanation of the length of time a person can work on a post-study work visa.

I am not finding anything under WD3.1 or WD3.5 https://www.immigration.govt.nz/opsmanual/#71685.htm that suggests it is possible to extend one of these visas once it expires. That would mean that he will need to look at his options for getting a different kind of work visa. Here is a summary of what is available. https://www.newzealandnow.govt.nz/mo...rary-work-visa As you will see, the Essential Skills Visa has no direct pathway to residence. The Work to Residence: Long Term Skill Shortage visa demands proven levels of a required skill, qualifications and experience. https://www.immigration.govt.nz/new-...=residence-NZL The Work to Residence: Accredited Employer visa needs him to be working for an accredited employer, and to be earning at least $79,560 a year. https://www.immigration.govt.nz/new-...=residence-NZL

Thanks for the reply J and M and Ranjha. My understanding from looking at NZ govt work visa website is that post study work visa cannot be extended more than 3 years. Please let me know if this is not correct. Hence, the best option is to apply for a long term skills shortage work visa as he is a chef and his occupation falls under this list and the salary requirement is also less which is around $45,000. That is the best option to apply for permanent residency in the future.

[Marco83]

This is the visa he's talking about:
https://www.immigration.govt.nz/new-...list-work-visa
But to apply for this visa he needs a minimum of five years' combined experience in establishments offering
a la carte/ banqueting or commercial catering, with a minimum of two
years at Chef de Partie (Section Leader) level or higher.
This is the link for the requirements:
https://skillshortages.immigration.g...rtage-list.pdf
He may apply for a Working Holiday visa to gain more experience if he can.

[Kelerei]

Thanks for the reply J and M and Ranjha. My understanding from looking at NZ govt work visa website is that post study work visa cannot be extended more than 3 years. Please let me know if this is not correct. Hence, the best option is to apply for a long term skills shortage work visa as he is a chef and his occupation falls under this list and the salary requirement is also less which is around $45,000. That is the best option to apply for permanent residency in the future.

The Post Study Work Visa cannot be extended; one would typically need to obtain an employment-based Work Visa when the Post Study Work Visa is due to expire.

See this post as to what the typical pathways are for obtaining a Resident Visa though employment.

Note that if you're going for the Long Term Skill Shortage List Work Visa, one must meet the requirements for that particular occupation as specified on the LTSSL (WR3.1(a)): working in an occupation listed on the LTSSL is not sufficient on its own. For a Chef de Partie or higher (ANZSCO code 351511 -- the only chef-related occupation currently listed on the LTSSL), the requirements are:

A certificate at NZQF Level 4, or a higher qualification, which includes the credit and knowledge requirements of a New Zealand Certificate in Cookery (Level 4)

AND

a minimum of five years' combined experience in establishments offering a la carte/ banqueting or commercial catering, with a minimum of two years at Chef de Partie (Section Leader) level or higher

He may apply for a Working Holiday visa to gain more experience if he can.

The Working Holiday programmes are designed for citizens of approved countries, whose primary intention is to holiday in New Zealand, to undertake employment and study during their stay in accordance with their scheme. If the primary intention is not to holiday in New Zealand, the bona fide requirement for a temporary entry class visa is not met and the application likely to be declined under E5.

[Nzs]

It sounds like you should genuinely seek the assistance of a licence immigration advisor or lawyer to get full and proper advice

They could help you figure out what pathways your brother has based on their full knowledge of the process

[nishanthgurung]

Thank you everyone for sharing all the information

I think he does not meet the work experience requirements for the Long term short skill visa requirements.
Apart from work holiday visa, Is there any option for him to remain in the country ?

He has been in NZ for 5 years. Can he directly apply for permanent residency by any chance? I think he has accumalated 130 points. Not sure what the other requirements for permanent residency are though.

[JandM]

Is his employer accredited? And might the employer give him a raise in salary?

When you're saying 'permanent residency', then mentioning 130 points, I think you probably mean Residence under the Skilled Migrant Category. (PR is a separate visa that you can only qualify for after having been in NZ on a residence visa for at least two years, and met other requirements.) And no, there's no way of applying for residence without meeting ALL the criteria https://www.immigration.govt.nz/new-...-resident-visa, and as you'll see there, they're not making any new selections, even if people qualify, while the Covid-19 emergency continues.

[nishanthgurung]

@JandM: My apologies for the delayed response. I am not sure if his employer is accredited. They won't give him raise. I mean the residence under the skilled migrant category.

One of the options we are exploring is to do an advanced level 6/7 course in culinary arts or hospitality management. If he does that, can he apply for a post study work visa again for 3 years after the completion of this level 6/7 course?