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Thread: PR from WTR

  1. #1
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    Default PR from WTR

    From what I understand you can now get PR from WTR if you earn more than $90k and applied for talent accredited visa before Oct 2019. These changes are effective from 3 Nov and are also processed as prioritised applications, is my understanding correct? I tick all these boxes and am eligible on 7 Nov (2 years since visa granted) BUT, I opted for SMC as I thought at the time it would be quicker. My lodgement date is 1 May 2019 and I am expecting to receive a CO soon. My question is, do I have any grounds for requesting PR since I qualify for it even though I took SMC route and paid higher application fees but waited just as long? Would be really nice to not have to wait another 2 years before I can get PR.

  2. #2
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    Can you give a source for this information about priority being given? I've just been looking on the INZ media centre https://www.immigration.govt.nz/abou...-notifications, and can't find any mention of it as being something new as from November 3rd.

    On the factsheet https://www.immigration.govt.nz/new-...-visa#criteria, in the sidebar under Minimum income, it has "If you are earning NZD $90,000 or more and you applied for your Talent (Accredited Employer) Work Visa before 7 October 2019, we may grant you a permanent resident visa." So, meeting the requirements, it seems that you could apply for a Talent (Accredited Employer) Residence visa and hope they would see that you're eligible for PR straight away. But that is an entirely separate route from applying under SMC - the CO processing a Residence under SMC application can only recommend residence as an outcome, and has no jurisdiction over granting PR.

  3. #3
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    No chance. Your application will be assessed as per Skilled Migrant Category immigration instructions and not Talent (Accredited Employer) immigration instructions, as this was the category that you nominated (R5.20(a)). There's only a small number of people that may be granted a Permanent Resident Visa without having previously held a Resident Visa (RV5.65(c), except RV5.65(c)(i)), and Skilled Migrant Category is not one of the ways in which this is possible. The only situation where you may be assessed under Talent (Accredited Employer) immigration instructions instead is if you don't meet the criteria for approval under the Skilled Migrant Category, but the evidence you submitted clearly indicates that you may eligible under Talent (Accredited Employer) instead (R5.20(c)).

    Of course, there's also the option to withdraw your SMC application, but since Residence from Work applicants are prioritized identically to SMC nowadays (A16.1), this may not be faster, and may be financially affordable as you're not guaranteed to be refunded your SMC fee.

    For what it's worth, the possibility of obtaining a direct Permanent Resident Visa if applying for a Talent (Accredited Employer) Resident Visa had been around for a while, but is in the process of being discontinued: those who applied for the original Talent (Accredited Employer) Work Visa on or after 7 October 2019 can never get a direct Permanent Resident Visa this way (RW2.1), so this is dying out through natural attrition.
    Last edited by Kelerei; 12th November 2020 at 08:32 PM.

  4. #4
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    Quote Originally Posted by JandM View Post
    Can you give a source for this information about priority being given? I've just been looking on the INZ media centre https://www.immigration.govt.nz/abou...-notifications, and can't find any mention of it as being something new as from November 3rd.
    I think he may be referring to the aforementioned A16.1 being tweaked, and the changes coming into effect from November 3rd (see this policy amendment circular). Nothing in the changes affecting Skilled Migrant Category, and the only change affecting Residence from Work is that applications where a Permanent Resident Visa can be directly granted as per RW2.1 are being processed again.

  5. #5
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    Quote Originally Posted by Zanique View Post
    From what I understand you can now get PR from WTR if you earn more than $90k and applied for talent accredited visa before Oct 2019. These changes are effective from 3 Nov and are also processed as prioritised applications, is my understanding correct? I tick all these boxes and am eligible on 7 Nov (2 years since visa granted) BUT, I opted for SMC as I thought at the time it would be quicker. My lodgement date is 1 May 2019 and I am expecting to receive a CO soon. My question is, do I have any grounds for requesting PR since I qualify for it even though I took SMC route and paid higher application fees but waited just as long? Would be really nice to not have to wait another 2 years before I can get PR.

    Hi Zanique, we have the same situation. I might be one of the few (or at least the one I know of in this forum) that applied for two resident streams. I had a successful SMC application lodged April 2019 and another RTW-Resident that is still open lodged March 2020 (I kinda panicked last Level 4 so I just gambled on the RTW in case the law gets changed again). I also fall under the criteria of someone that can potentially be approved as a PR (above the 90K but below the 106K priority threshold).

    From experience, they processed my application by date. The 1st case officer nor the approval e-visa letter did not mention anything about my open RTW-Resident application when I got contacted. The only time this was mentioned was when I called the call centre days before I got an officer - I was just advised to consider withdrawing the RTW-Resident since I have another one that's already being processed.

    I heard about unsuccessful or almost close to 0% attempts of refund but haven't really thought about making a formal attempt yet. But yeah, based on my experience, they were processed as if they were like two separate non-related applications.
    Last edited by JMABEDANIA; 16th November 2020 at 05:53 PM.

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