Applying ESWV while waiting for 2021 Residents Visa

[mikasamuel]

Hi everyone,

I am seeking for advise for a tricky situation.

One-Off applied 1st Dec (CO assigned, initial assessment done, waiting for NSC)

I received a better job offer with different employer and different location, which required a new ESWV, at this stage the only thing i concern is would the these changes effected my SMC somehow effected the One-Off as well ( different location would caused I won't have enough 160 points for SMC).

Would SMC effected the One-Off application which is half way done. SMC is lodged march 2020, probably won't be allocated for awhile. (I would not go through let them proceed the SMC considering I already have One-Off application.)


Thanks for advance.

[Kelerei]

Although there are criteria around holding an eligible temporary visa when it comes to applying for the 2021 Resident Visa (S6.10.1), it appears that you have already met this as you've heavily implied that you've held an Essential Skills Work Visa both on 29 September 2021 and when you applied for the 2021 Resident Visa on 1 December 2021 (and the Essential Skills Work Visa is listed as an eligible visa). With that out of the way, it will mainly depend on whether you meet Settled, Skilled or Scarce criteria for the 2021 Resident Visa (see S6.15).

If you're aiming to meet Settled criteria, your employment change will make no difference whatsoever: time settled in New Zealand is the only factor here (S6.15.1).

If you're aiming to meet Skilled criteria, it largely depends on your remuneration level. If your new position pays less than $27 per hour, you will not meet the requirement of S6.15.5(a) and your application will likely be declined. If your previous position paid less than $27 per hour on 29 September 2021, you will not meet the requirement of S6.15.5(b) and your application will likely be declined (but note the allowance given to COVID-19 business activity disruptions at S6.15.5(f)). Also note that your employment must be assessed as full time, genuine, and for a position that is paid by salary or wages or in terms of a contract for services (S6.15.5(c)).

If you're aiming to meet Scarce criteria, your employment both when you applied and as of 29 September 2021 must be one of the occupations listed at Appendix 11 in the operational manual. If not, you will not meet Scarce criteria and you can expect your application to be declined.

Changes to eligibility under SMC are not a factor under S6.10 or S6.15. The only requirement to be considered a Phase 1 applicant is that, on 29 September 2021, you had made an application for residence under the Skilled Migrant Category or a Residence from Work Category which had not been determined (S6.5.5).

[tekaleka]

I applied for 2021 resident visa phase 2(eswv/settled criteria). I have a new job offer at a new location(different from location specified on eswv). Will i need to apply for a variation of condition if I take the new job?