SMC Residence Visa Job Search Visa

[lucky]

Hi,

Scenario:

1. Job search visa (nine months) as a result of resident visa application under SMC approved
2. Visited New Zealand in Feb 2020, NZ gets into lock down in March 2020
3. Can't exercise the job search, border control getting strict and most of the countries were closing borders
4. Wife gets infected by COVID-19, left with no choice but to travel back to home land for family

Any grounds to request INZ to approve the nine month job search visa and give a fair chance to exercise the job search now or after few months when economies start reviving after Pandemic situation?
Please suggest/advise. Thank you.

[Kelerei]

You have heavily implied that you have failed to find an offer of ongoing skilled employment within the currency of your Work Visa issued under Skilled Migrant Category Job Search Instructions, and therefore your application under the Skilled Migrant Category must be declined under SM3.20.5(b). INZ has no discretion to act outside of immigration instructions, and the COVID-19 pandemic does not change this fact.

The only way that this may have a favourable ending to you is if the Minister of Immigration issues a special direction.

[JandM]

It's probably little consolation, but you're not alone in having had all your plans disrupted by the Covid-19 pandemic. The NZ borders are still closed to all except a very few categories of people https://www.immigration.govt.nz/abou...to-new-zealand, and they are not going to be opened until the pandemic is under control in other parts of the world, so no visa applications made from overseas are currently being considered. Probably because the timing is completely unpredictable, the government haven't directed INZ to make any statements about what arrangements will eventually be put in place concerning those who would have applied sooner, or who had had visas issued which they couldn't then get to NZ to use. Any announcements will appear on the INZ News and notifications page. https://www.immigration.govt.nz/abou...-notifications

[lucky]

Thank you JandM and Kelerei for your comments. As mentioned it was not practical to exercise job search by staying nine months under the given circumstances. Lockdown ceased every activity and border controls were making it difficult to travel. It was important to reach to the family as wife get infected by Covid. During the stay of about two months, the market response was very good, was interviewed and shortlisted for some potential jobs but the pandemic halted everything. If it were all normal there was no chance that I couldn't get the right job.

Just asking if INZ can consider the request to reissue the visa for nine months when visa restrictions are uplift? What could be the best option to formally pursue on this to INZ?

[JandM]

As I said in my last, the New Zealand government does not yet know what they will do when the borders reopen. It will partly depend on how long the country will have been closed, and what the situation is by then. That being so, members of the public, like we are, can't guess what rules will come into force, as the government won't instruct INZ until just before any change is made. There is no precedent here, as the pandemic is more widespread than anything seen in the lifetime of most of us.

[lucky]

Thank you, JandM. Yes I do agree with you. Appreciate if someone on the forum in the similar situation and share their experience later.

[JandM]

There won't be anyone yet, not until the NZ government feel they can open the borders, then tell INZ what steps they must take about all the people waiting in the different categories. You are just as likely to be among the first to raise this issue.

[Igen]

I am also in same boat....I supposed to land NZ on 31 March 2020 but due to border lockdown, was not able to fly. I checked with my immigration officer, she denied to extand or provide any kind of relaxation as my SMC visa got expired on Jan 2021. Coud someone advise what could be the next step. Thankyou.

[JandM]

The immigration officer had no authority to alter the terms of your visa - she is only an employee of INZ. INZ have to do what the government tell them in this situation.

I repeat from a post above, from July 2021.

Probably because the timing is completely unpredictable, the government haven't directed INZ to make any statements about what arrangements will eventually be put in place concerning those who would have applied sooner, or who had had visas issued which they couldn't then get to NZ to use. Any announcements will appear on the INZ News and notifications page. https://www.immigration.govt.nz/abou...-notifications

Have you looked there? Is there any announcement which may cover your situation?

Have you contacted INZ recently? If the call centres cannot tell you anything useful, perhaps the next step may be to use an LIA.

[Igen]

Thaks JandM for your response. I got below mail from immigration NZ.

"Thank you for your response. We do appreciate your difficult circumstances. Unfortunately, as detailed in the letter, we have no legal authority to extend your current visa, and there has been no ministerial intervention in order to allow Immigration New Zealand to extend the validity of expired Job Search work visas for offshore applicants. There has been no change to the immigration instructions currently in place, and we are unable to make exceptions to residence instructions.

If you decide to withdraw the application under the current circumstances, we will consider your eligibility for a refund in this case. However, please note that you will not have the right to appeal if you choose to withdraw.



Otherwise, if you chose to proceed with the application in order to later exercise your appeal rights, we will continue with the assessment of your application. I note that you have until 29 August 2022 to provide any further submissions."