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Thread: Essential Skills Work Visa while waiting for SMC

  1. #1
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    Default Essential Skills Work Visa while waiting for SMC

    Hi,
    I have applied for SMC and waiting for CO to be assigned. My current ESV runs out early next year and I am planning to apply for new 3 years ESV. Just wanted to know whether an advertisement for the position is required for applying 3 years of ESV?
    I have been through INZ operational manual and I do meet the requirements specified for qualifications and experience stating I do not need to provide proof of NZer available but I wanted to know whether INZ is still asking for advertisement considering the COVID pandemic impact.
    Has anyone applied for ESV recently and being asked for advertisement even after meeting the conditions listed on LTSSL?
    @JandM @Egoodhue do you know of any cases related to my query or if you can provide any input would be really great.

  2. #2
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    If you're applying for an Essential Skills Work Visa to continue working in your current role, and if your Skilled Migrant Category EOI was selected in part on the basis of points claimed for that same role, then WK3.20.10 will apply. It's an automatic exemption from the requirement to prove that no New Zealand citizens or residents are available to do the work on offer, but it also only results in the further Essential Skills Work Visa being valid for 1 year.

    The full provisions of WK3.20.10 are below:

    1. Despite WK3.1(a)(ii), an applicant may be granted an Essential Skills work visa, valid for 1 year without an immigration officer being satisfied that there are no New Zealand citizens or residence class visa holders available to do the work offered if:
      1. they currently hold a temporary work visa; and
      2. they have applied for an Essential Skills work visa to continue working in the role they currently hold; and
      3. they meet all other requirements of Essential Skills work visa instructions; and
      4. they have been issued an Invitation to Apply under the Skilled Migrant Category and retain the ability to apply (see SM3.1), or have made an application for residence under the Skilled Migrant Category and that application has not yet been completed; and
      5. their Expression of Interest was selected in part on the basis of points claimed for skilled employment in the role they currently hold.
    2. One further Essential Skills work visa, valid for six months, may be granted in exceptional circumstances to an applicant who continues to meet the requirements of (a) above.


    All that being said: if you meet the requirements as specified on the Long Term Skills Shortage List, you may want to consider whether or not the Long Term Skill Shortage List Work Visa is a better option for you. I can't advise whether or not this is a better Work Visa for you (that's a matter for you and/or your LIA to decide), but just letting you know that this option may exist.

  3. #3
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    I applied ESV early this year while I was waiting for SMC. INZ gave me one year visa because I choose " I have been invited to applied for SMC and submited the application" option.
    if you need three year visa, you will need to choose other option, and your employer need to demonstrate you are the one to do your job, and complete relevant sections in supplementary form.

  4. #4
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    Quote Originally Posted by areyouhappy View Post
    if you need three year visa, you will need to choose other option...
    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 answer 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 applicant’s qualification and/or work experience meets the requirements on the list, per WK3.10(b).

  5. #5
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    Quote Originally Posted by Kelerei View Post
    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).
    Hi Kelerei,
    In my essential work visa application, definitely say yes to that question, after that, there is another question asking how you claim/prove your current employment is skilled etc something like that - this is the one that is likely to determine how long your visa will be. there are various of options you can choose from.
    i remember this because i choose SMC option, i got one year visa. My colleague had very similar situation (submitted SMC and applied for essential), he chose other option, he got three year visa and presumably company did a bit more of work on his case answering bit more questions. We both have same level of title.
    So my point is that you can have SMC under process while you can still get a three year work visa. I mean it is very possible and no one should ask you to lie or hide anything.
    this is based on my personal example and i can't tell any specific details as expert like you. i will delete my comment (rather than answer) if this is quite a misleading information.

  6. #6
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    I checked my essential work visa application. there was no question "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"
    Instead, the questions was that what evidence will you provide to show that no other NZers can fill you position. the question above is one of options and i chose this then got one year visa as Kelerei pointed out.
    you can choose other evidences to support your application or if you choose SMC, you will only get one year visa.
    My two cents. if anyone doesn't agree then i apologies

  7. #7
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    The differences in opinion here seem to arise from knowing or not knowing exactly what the wording is on the online application for and Essential Skills Visa. I don't know, either.

    The really MOST IMPORTANT point, which Kelerei has made forcefully above, is that everyone must be extremely careful ALWAYS to tell INZ the truth (while filling in forms, or answering COs' questions later), because any failure to do so, if discovered later, CAN be interpreted as fraud, and used as a reason to decline a visa, or to revoke one already granted.

  8. #8
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    The online form is differently worded.

    Here's a screenshot I took when we applied earlier this year:

    Screen Shot 2020-10-14 at 2.09.55 PM.jpg

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