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Old Sep 1st 2017, 8:22 am   #1
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Default Appealing a Essential skills visa descision.

Hi, guys, I've just been declined an essential skills visa with the reason given that my employer has made no genuine attempt to employ New Zealanders and because they stated they require 5 years experience it put people off applying, because of this my partner had her partner work visa declined as well.

My employer ran an advert on trade me for a month and only had one application, we got a letter from the Canterbury skills hub confirming that there are no New Zealanders currently available to fill the job role. The job on offer falls into the level 4 skills category.

What I'm asking is do you think it's worth appealing the decision? What annoyed me the most is the case officer emailed me asking for more information regarding the advert which we promptly obliged, answered all the questions and more and it was still declined.
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Old Sep 1st 2017, 9:42 am   #2
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Default Re: Appealing a Essential skills visa descision.

If you have the ability to appeal, I would. Sounds like it should have met the criteria, but I am no expert. Good luck!
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Old Sep 1st 2017, 12:01 pm   #3
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Default Re: Appealing a Essential skills visa descision.

It sounds very much like the employer should be appealing the decision not you; the company clearly need to make a better case or reduce the need for five years experience to be considered to have tried really hard to find someone local. I doubt you can have any influence over that decision at all.
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Old Sep 1st 2017, 8:12 pm   #4
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Default Re: Appealing a Essential skills visa descision.

I don't think one job advert in one media would be seen as fulfilling the obligation of having exhausted the search in NZ. The employer could go the route of being accredited that way they do not have to show that they have done the NZ search, but that means the Company has to do some work to gain the accreditation like offering up finance records etc and also paying for the privilege.
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