Talent Accredited Employer (TAE) Work to Residency and extension

[akashpadal]

Hi All,

• I am currently on TAE visa which is expiring in May 2022.
• Have applied for WTR paper based application,application delivered in Dec 21. Eligible for Permanent Residency and also eligible for Priority Queue.
• Because of some personal situations, I need to visit my home country for couple of months. My employer is supportive and allowed me to work from overseas up to six months.
• I am planning to apply for another TAE visa which is applicable only for the current TAE holders who has submitted residency application and visit my home country once it is approved.

Can you please clarify my following questions ?

• Does any one know how many months of visa they will be issuing, will it be same as original TAE which is 30 months or any different ?
• What happens to my existing WTR paper based application once I am out of NZ (but still working from overseas), will it still be processed in offshore queue or will it be on hold until I am back ?
  I have checked TAE resident visa application guide, it says , you must be in NZ while applying the WTR, but it does not say anything about after application.
• I have contacted INZ CC, they said that it will still be processed, but I am skeptical, as they might have assumed same rules for RV21 and WTR paper based.

Thanks in advance

[JandM]

I haven't been able to come up with any precedents on the forum, so I have been looking in the detailed regulations. See below. Meantime, if anyone out there has gone through a similar experience, can you please share what happened, and how INZ dealt with you?

[LIST][*] Does any one know how many months of visa they will be issuing, will it be same as original TAE which is 30 months or any different ?

Visas may be granted under these instructions for the length of time required to decide the application made under Residence instructions for holders of work visas granted under the Talent (Accredited Employers) work instructions, up to a maximum duration of 24 months.

WR 1.30.1 b https://www.immigration.govt.nz/opsmanual/#46204.htm I notice it says "may be granted", and there isn't any clarification as to why a particular time-frame will be decided upon.

What happens to my existing WTR paper based application once I am out of NZ (but still working from overseas), will it still be processed in offshore queue or will it be on hold until I am back ?
I have checked TAE resident visa application guide, it says , you must be in NZ while applying the WTR, but it does not say anything about after application.

Applicants under these instructions must be in New Zealand at the time they lodge their application for a residence class visa.

Note at RW2. As with the application guide you found, this instruction does not specifically mention after lodgement of the application, but it could have done, so it is likely that the restriction applies ONLY to the time of application. I know this isn't a definite answer, but the Operational Manual does not pin this down.

I have contacted INZ CC, they said that it will still be processed, but I am skeptical, as they might have assumed same rules for RV21 and WTR paper based.

I understand your reluctance to trust to what a single telephone answerer says, as they have been known to be wrong. You could try phoning again, and asking to speak to a supervisor because you have a query that is not covered by the INZ website.

In your place, I would be wanting to check very carefully that you are allowed to work remotely for your NZ employer, and that this will count as continuing employment in INZ's eyes. This may not be only up to your employer to agree to. It's another point that I suspect might baffle the telephone answerers. You might want to consult an experienced LIA if the INZ CC answer doesn't reassure you.

[Kelerei]

I have to ask though: is switching over to the 2021 Resident Visa queue not an option?

[akashpadal]

Thanks JandM for the response. I will connect with INZ CC and reconfirm regarding the staying in NZ at the time of lodging vs after lodging and consult LIA if needed.

[akashpadal]

Hi Kelerei,

I am eligible for RV21 in Phase 2, i.e., Mar 1 and I am planning to travel before that.