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Opinions Essential Skills or Skilled Migrant Visa

Opinions Essential Skills or Skilled Migrant Visa

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Old Dec 11th 2012, 10:29 pm
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Default Opinions Essential Skills or Skilled Migrant Visa

Hello,
I am currently in NZ on a 6 month holiday visa. We really like the country and are considering staying. My partner has been offered a job in a job he is qualified to do (trade) and that is on the Intermediate Skill Shortage list.

Our options are: Essential Skills Visa for him and spouse visa for me
or Skilled Migrant Visa (175 points with a job offer).

What are the pro's and con's of both in terms of time taken to process and in general, the employer seems very keen to get started, is it worth going for a ESV and then doing the SMV or just as easy to do the SMV.

It appears police checks are not needed for the ESV but the health TB ones will (we have been travelling in the past 5 years) can these then be used for the SMV at a later date or will they need to be re-done?

On the ESV he is tied into a specific employer, can this happen with the SMV or will we be able to change employer (not type of employment) with the Skilled Migrant Visa?

Documentation of education is in the UK, and police checks will need to be sent on our behalf from there, is there anything else we will need to arrange for someone to do for us in the UK and will this significantly slow things down?

Thanks for your opinions and experiences of either of these two processes.
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Old Dec 11th 2012, 11:17 pm
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Default Re: Opinions Essential Skills or Skilled Migrant Visa

Hi Jen Jen and welcome

So you've done some groundwork on your options.

First - Essential Skills Work Category Immediate Skill Shortage List

Have you looked at this bit of the immi website:
http://www.immigration.govt.nz/migra...ply/essential/

A couple of excerpts to note:

If you are granted a work visa based on an occupation on this list, then you can only stay in New Zealand temporarily. You won’t necessarily be able to apply for residence.

So Im just mentioning this as it means its not a shortcut to residency - your temporary work visa won't really make any difference to speeding up a SMV. However as you have said that your partners job is on the immediate skill shortage list - there's not a major reason to think a residency application won't go through - apart from the risk that when you do go to apply - the job MAY have been removed from the list.

you must provide copies of:

any qualifications you hold relevant to the job you have been offered
any evidence of work experience you have gained relevant to the job you have been offered.


For either visa you are going to have to provide the above.


Working for more than six months but less than a year

You must provide a completed Chest X-Ray Certificate (INZ 1096) PDF if you have risk factors for tuberculosis. If you have already provided this certificate within the last 36 months you may not need to provide a new certificates.
Working for more than a year

You must provide a completed General Medical Certificate (INZ 1007) PDF and Chest X-ray Certificate (INZ 1096) PDF. If you have already provided this certificate within the last 36 months you may not need to provide a new certificates.


You said you only need to do the chest x-ray for the Essential Skills visa - which is true if you only want a 6 month visa. If you think that in the near future you would decide to apply for residency I would say it is worthwhile doing the whole medical process. Otherwise they will only give you a 6 month visa and then you have to go through the whole application process again. If the medical has been accepted by them on a previous application and you apply for another visa type, they will not ask you to re-do your whole medical again. That does not mean that they won't ask for further tests on things - depending on what type of visa you go for, depends on how deeply they look at your results.

If you have a visa that is valid for 2years or more, you are entitled to access healthcare here.


Submit evidence that you meet character requirements

If you are applying for a work visa for two years or more, you must provide a police certificate, less than six months old, from your country of citizenship and from any country in which you have lived for five or more years since reaching 17 years of age.


Just included this bit above as obviously needs to be taken into account if you are going to try and get a 2 year work visa.


On the ESV he is tied into a specific employer, can this happen with the SMV or will we be able to change employer (not type of employment) with the Skilled Migrant Visa?


Generally if you are granted a SMV with a job offer, you will be tied to your employer for around 3 months. After that you are free to work for whomever you want to in whatever field you want to.

Now - this link:
http://www.immigration.govt.nz/migra...ionprocess.htm

gives you information on processing time estimates which I think is what is going to be the deciding factor in what you do first. the processing times can vary between where you lodge the application. I've actually managed to find it this time around - half the time i can't find this link......

http://www.immigration.govt.nz/branc...ocessingtimes/

so that's just auckland - you should be able to find the other areas ........ http://www.immigration.govt.nz/migra...us/default.htm

then you find the difference branches, and you should be able to see then the link for processing times. You can see though that the aim to process temporary work applications is within 25 days and a lot reach that target.

A SMV WILL DEFINITELY take longer than this to process.

My advice - apply for the essential skills visa - BUT - do the whole medical and police check with it so you can get a visa for 2 years and you don't have to panic and rush to put your residency application in. You'll have to get a new police check done for residency but you'd be able to use your original medicals.

Hope that helps!
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Old Dec 11th 2012, 11:37 pm
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Default Re: Opinions Essential Skills or Skilled Migrant Visa

That is really helpful thanks

I have another question about the Skilled Migrant Points. The points indicator says the offer of a job or working in a job has to be on the Skilled Employment appendix, I thought this was different from the Immediate Short term Skills List.

If the job goes off the Short term list (it was only added last year if thats any indication) will it also go off the Skilled Employment definition?

The points indicator gives extra/bonus points for a profession/trade on the long term skills list, I have included no points for this as the employ is only on the ISSL and the CSSL.

Our points come from a job offer or working in a Skilled Employment as defined in the appendix. Will these 50 points still count if the trade is removed from the ISSL?

Last edited by jen_jen; Dec 11th 2012 at 11:48 pm.
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Old Dec 11th 2012, 11:53 pm
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Default Re: Opinions Essential Skills or Skilled Migrant Visa

Originally Posted by jen_jen
I have another question about the Skilled Migrant Points. The points indicator says the offer of a job or working in a job has to be on the Skilled Employment appendix, I thought this was different from the Intermediate Short term Skills List.
Yes - they are two different lists and the job could be on both lists. The Immediate Skill-shortage List means that its a skill that the country definitely needs right now - they have done a labour market assessment and have put that trade on the list to assist employers recruit people without having to prove that they have no suitable kiwis to do the job.

If the job goes off the Short term list (it was only added last year if thats any indication) will it also go off the Skilled Employment definition?
No - as I say - 2 different lists. One is a short term thing.

Just referring to Skilled Employment - that's a more long term thing. Its occupations that Immigration recognise as "skilled" basically and saying if you meet these requirements then you probably have the skills to come and work here and settle.
Occupations are ‘skilled’ if they are listed as skill levels one, two or three on the Australian and New Zealand Standard Classification of Occupations (ANZSCO). More info and links here:
http://www.immigration.govt.nz/migra...ledemployment/


The points indicator gives extra points for a profession/trade on the long term skills list, I have included no points for this as the employ is only on the ISSL and the CSSL.
Correct

Our points come from a job offer or working in a Skilled Employment as defined in the appendix. Will these 50 points still count if the trade is removed from the ISSL?
Yes - these points will still count. If it comes of the ISSL and you claim points for that then those will come off, but otherwise you keep the points for the job offer and qualifications.
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Old Dec 11th 2012, 11:59 pm
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Default Re: Opinions Essential Skills or Skilled Migrant Visa

Definitely go for the skilled migrant visa, whether or not you need to do both is up to you and the timescales involved.

If the job is listed on the ISSL list you wont get any extra points for this, and if it was added only last year, it will probably stay there for quite some time (but you never can tell).

Bearing that in mind I wouldnt leave it too long if you want to apply for residency just in case.

Good luck.

ps. Meant to say, if you get in with a job offer (SMC) you will be tied to that employer for 3 months under a section 49(1) requirements, once three months are up you have to take your pay slips, bank statements and a letter from your employer stating you fulfilled the requirements under this section, this restriction will then be taken off and as said above you can then work for whoever you want. The next step after this is changing from Residency Visa to Permanent Residency visa, which is in two years time, but you have to be in the country for a minimum of 183 days each year to get this and not be out of the country when your residency visa expires (or you wont be allowed back in).

Last edited by ellenarosemary; Dec 12th 2012 at 12:03 am. Reason: Missed a bit!!
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Old Dec 12th 2012, 12:00 am
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Default Re: Opinions Essential Skills or Skilled Migrant Visa

Actually that's a point - could you apply for both visas at the same time - means you can use the same paperwork, references and police checks!
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Old Dec 12th 2012, 12:12 am
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Default Re: Opinions Essential Skills or Skilled Migrant Visa

Looking at the cost of the work visa it seems a good idea to apply for that first, because the Canterbury time to process the SMV is 6 to 9 months!

Good to know if we go for a work visa for longer than 6 months that the medical and police certificates can be re-used and so no greater fees or delays there.

We shall see how the potential employer feels about the longer delay, he seems very keen to get my partner working asap and may not be willing to wait until winter!

Does anyone have any idea on long it take to get the police certificate? I briefly looked at the website but could see no 'how long it takes info'.
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Old Dec 12th 2012, 12:16 am
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Default Re: Opinions Essential Skills or Skilled Migrant Visa

ha ha! Not in frequently asked questions, but in the form itself!!

10 days or 8 days premium service - again good news it should be quicker than we think!
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Old Dec 12th 2012, 1:42 am
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Default Re: Opinions Essential Skills or Skilled Migrant Visa

Is the company he's got a job offer from on the accredited employer list?

If so, there is the work to residence visa that you could perhaps look into

Only downside is that he'll have to remain with that company for 2 years before applying for PR

You on the other hand will be free to do whatever

As you're on a working holiday, are you on a one year or a two year visa? If a two year, i'd apply for the skilled migrant and get your partner to take the job. I think he can still work on that visa whilst the SM is being applied for
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Old Dec 12th 2012, 1:52 am
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Default Re: Opinions Essential Skills or Skilled Migrant Visa

I doubt the employer is on the accredited list, its only a small company (two or three employees) the same as in the UK. Past experience in the UK of small companies tells us that you have to like the company/boss you work for, which is why we are favouring the SMV it will give us more options in the long run than being tied to one employer.

Not on a Working holiday visa, just a tourist visa, too old for that unfortunately!

With some direction from the earlier posts and more research it looks like we will apply for the work visa as its about $300 dollars more to do this, and then apply for the SMV, as you say we can continue working on the working visa until the SMV comes through and if need be, change employment then.

thanks for all of your help.
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