monuji

I have a doubt which is boggling my mind due to different versions of the possible outcomes of SMC application.

By reading the INZ guide to NZ SMC residency application guide (INZ 1105), INZ check whether the applicant has ability to settle and contribute to New Zealand. If an applicant has job offer OR has done 2 years of masters/doctorate degree study in NZ will be considered as demonstrated this ability. Likewise, if person has none of these applicable, he may be granted residence OR may be deferred depending upon the applicant's situation and ability.

Now, coming to my specific doubts to the outcome of SMC visa:

1. When a person has demonstrated the ability to settle and contribute to NZ (by job offer OR 2 year study requirement), does the outcome of SMC results in Resident visa OR Permanent Resident Visa. I have seen threads where people have claimed that they got the Resident visa without conditions. Does that mean Resident visa without conditions is same as Permanent residency ? Does outcome of this category results in PR ?

2. If a person is unable to meet requirement of job offer or 2 years study requirement but has capability to settle and contribute to NZ (of course that is determined by candidate work experience, qualifications, profile and CO satisfaction with interview etc), will the potential outcome be Resident visa with conditions, that is Residency with 24 months expiry ? That means it is not Permanent residency ?

3. If a person is unable to meet 1 and 2, he may be on, case to case basis, be granted Job search visa and decision to residency is deferred. I understand that this is job search visa is temporary. My doubt here is, if a person falling under this category later able to secure job and of course meeting other 3 months in job requirement etc and supplies all proofs, will the outcome of SMC application be Permanent Residency, that is Residency without conditions OR it will be Residency with 24 months expiry ?

I will appreciate if any seniors can shed light on this.

Thank you !

escapedtonz

1. Resident Visa. If your visa application includes a job offer then there is no immigration interview as they assume you will be able to settle since you have managed to get a job. You will be awarded Resident Visa but with a work condition and a travel condition.
Note: The Resident Visa via SMC will always, as a minimum, have the 2 year travel condition.
The work condition can be removed when you have taken up the job and worked there for a minimum of 3 months.
No you will not be granted PRV through an application for RV via SMC. You must hold RV for a minimum period of 2 years and satisfy one of five criteria to successfully get PRV.
Don't understand your reference to 2 years study requirement. You won't get RV just because you have studied for 2 years ?
RV is a permanent visa and will allow you to live study and work in NZ permanently, it's just that if you leave the country around the time of your travel conditions expiring (2 years) then you will not be able to get back in the country.

2. If your application does not include a job offer you must partake in an immigration interview. This is the only way the case officer can determine if you are going to find a job and settle in NZ. They will ask questions relating to your expectations for employment and life in NZ, cost of living etc.
If successful you will be awarded Resident Visa with Travel conditions.
RV is a permanent visa and will allow you to live study and work in NZ permanently, it's just that if you leave the country around the time of your travel conditions expiring (2 years) then you will not be able to get back in the country.
It isn't the visa that expires after 24 months - it's just the travel condition. In that first 24 months on a resident visa you are allowed to come and go as you please into and out of the country, but after 2 years that travel condition expires.

3. If the case officer isn't convinced you will get a job or settle easily then there is the option of them giving you a 9 month job search visa. This will allow you to come to NZ almost immediately and search for a skilled job giving you 9 months to find one. If you do find a job in that time you cannot work in that job as the job search visa doesn't actually allow work, it only allows you to look for work. To actually work in the job offered you'll need to go back to immigration with a written offer of work, where immigration will then re-open your Resident Visa application and assuming the job is skilled, from a decent employer, a decent salary and for a decent period of time then Resident Visa will be awarded. This visa will then allow you to work. It will still have the 2 year travel condition and may also have a 3 month work condition since your Resident Visa application may have been updated with a job offer.

Hopefully you can understand easier.

monuji

Thanks a lot escapedtonz. The explanation is bang on. All doubts are cleared and I am back on the NZ immigration journey with full zeal.

monuji

This raises another doubt which may sound little weird but realistically possible. If someone's has attained Resident visa and travel conditions are expiring on say, 10/07/2015.

1. Under emergency, if a person need to travel out of NZ say on 8/07/2015 and not able to back to NZ till 10/07/2015. He/She want to return on say later date 15/07/2015 but since travel conditions have expired but his visa not, how one can manage such a situation?

2. If one need to travel out of NZ say on 15/07/2015, that is after travel conditions expiry, how one can do that?

I know after expiry of travel conditions, one needs to apply for PRV or variation of travel conditions or subsequent RV, how one can tackle the emergency situations listed above?

escapedtonz

They are tackled the same.

1. If a person did this then they would not be able to return to NZ using that visa as the travel condition will expire on the 11/07/2015. They would have to apply for a VOTC or PRV within 3 months of leaving NZ. They could also apply for a VOTC before they traveled to extend the travel condition by 14 days.

2. Again, the same. There's nothing stopping you leaving NZ but you won't be able to get back in. What you should do in this case is apply for a VOTC or PRV before travel. In this case you should be able to apply for PRV as you will have completed 2 years on a Resident visa on the 10/07/15 but are travelling on the 15/07/15 and assuming there's 5 working days in between there should be enough time to get the PRV which only takes around 3 days.
If you didn't apply for a VOTC or PRV before travel you can apply from outside the country as in 1. so long as it's within 3 months of leaving.

In all honesty it's not really an issue. There are ways around it if you are in an unfortunate situation and find yourself unable to get back in as the travel condition has expired. In a lot of cases Immigration have been known to give the passenger an emergency visa for a period of 3 weeks with strict instructions to resolve the visa issue immediately on return to NZ - i.e. apply and secure PRV.

monuji

Thanks a lot for your help.

I am going to submit my eoi and just wondering how it to secure a job. I know it is going to be difficult being at offshore but historical eoi draws there are some who are able to secure the job without being in NZ. Any tips please?

MrsFychan

what points score are you getting?