This is quite possibly the worst answer I have seen anyone provide on this forum to date.
The question on the paper application form (F4) specifically asks "Do you hold a valid Skilled Migrant Category (SMC) Invitation to Apply, or have a SMC application currently under assessment, for the position noted above?" (and I would expect the online application form to be similarly worded). The wording gives the applicant no leeway to wer untruthfully: knowingly answering "No" when there is indeed a SMC application currently under assessment for the position applied is sufficient grounds for the Essential Skills Work Visa application to be declined under
E4.75(f), and may also result in being ineligible for any residence class visa (unless granted a character waiver) under
A5.25(i) which would obviously prejudice the SMC application in progress.
Additionally, it is incorrect to state that
all applicants for an Essential Skills Work Visa must have their employer demonstrate that no New Zealand citizens or residents are available to do the work on offer. Aside from the exception for SMC applicants already mentioned, INZ has no discretion but to accept that no suitably qualified New Zealand citizens or residence class visa holders are available where an occupation is included on the current Long Term Skill Shortage List, Regional Skill Shortage List or Construction and Infrastructure Skill Shortage List and the applicantÂ’s qualification and/or work experience meets the requirements on the list, per
WK3.10(b).