theguitardoctor

Hi there,

Just thought I'd post these guidelines for anyone in the process of submiiting an LTBV or considering, or with an application already submitted...it's not just pessimism, it's advice I received face to face with an immigration officer in the Wellington Business Unit (we only rent a couple of miles from them, hence the in-person visit). I won't print her name as its seen as unethical. We went in to withdraw the LTBV basically, but just prior to that we decided to glean some information to make sure that we weren't about to make a mistake. The discretionary guidelines for "Benefit to NZ" have certainly tightened up of late, and affect anyone currently not with approval....

Here's the information in summary.....

No matter how many approvals or letters of support you have from the local Economic Development Agency or otherwise for your application, it will not be dealt with as a priority, they are all dealt with in chronological order so as to be fair to the other applicants. *This has been conflicting as I was told by the same dept that it would help prioritise the application. However, this lady is now away from the Business Unit, so I have to go by the other immigration officers advice.* This support suggestion may have been a way to pacify me at the time as we were in a bit of a unique situation.....

NZIS is not interested in sole traders (no matter how they did in their country of origin)...they need to see greater yields from a business than self sufficiency / paying tax no matter how skilled or in demand your skills are. They need to see self efficiency and a healthy profit (eg $40,000 profit...e.g $30,000 as self sufficiency and $10,000 profit at the lower end of the scale). It's not impossible, but if you are re-investing in the business, then it's not exactly ideal to have a stipulation of this sort hanging over you.

NZIS are ideally looking for businesses that will employ Kiwi nationals within 3 years; if this is not the case then PR will certainly questionable under the Entrepreneur category.

You will need extensive proof that your business and/or skill is an absolute shortage in that particular area of NZ. Even the "introduction of competition to an area of NZ" is not sufficient anymore it would seem. Market research facts and figures such as market share, likely competitors etc, alone are also insufficient, you need industry and market support (as in letters of prospective customers etc) at the very least. It seems that its almost a pre-requisite that you now visit NZ prior to submitting the business plan in order that you have this info to present with the application.

The LTBV is a discretionary application, which is what the new SMC has turned the Gen Skills category into...basically the guidelines are so vague, you will never know whether your business /skills are classed as viable or needed until the NZIS approve them. There's no point in interpreting what the NZIS actually want as you will never know - it's a constantly evolving criteria.

We've been unfortunate in our circumstances and they are pretty unique, but if this information is provided to warn anyone else of coming over to NZ with no firm job offer or work permit (ie on a Working Hol Visa or Tourist Visa). The NZIS has seriously tightened things up and this has filtered down to agencies and employers curtailing permanent work offers to anyone not with PR. You may get temp work on a work permit, or in a few certain cases you may get a perm job offer with an understanding employer, but on the whole for the average person (skilled non-shortage graduate) this is on the decline unless you are shortage or priority applicants.

Rich.

Jamie Smith

Just narrowing it down a bit, LTBV and NZIS are not quite that difficult:
Agreed
Unless these accompany your case and you lodged since July 02 2003 with new Customised Service regime in effect.
Under old system, Customised Service allows them to prioritise and approve on the spot if justified (we've had one case through in 2 days)
It would, if lodged after July 02...
It was a good suggestion, you were let down by the Enterprise Agency.
IT businesses, out of Auckland locations, exporters can be exceptions.
See above.
Varies, but reasonable comment.
Yes, migration is meant to be good for NZ, not just to benefit the applicant. How would Govt pay health care or superannuation unless you'd contributed to the pot a bit earlier.
Not necessarily aboslute shortage, but you do need to show an opportunity and competitive advantage.
Unless it is quantified and justifiable Problem is NZIS like it all spelled out for them and donlt give as much benefit of doubt as they used to.
As above.
Makes sense. It's hard to persuade a sceptical case officer that you know enough to succeed in business and settle in well if you've never been here...
Disgaree somewhat. If you play to the minimums rather than exceeding them, yes you should be nervous.
Mostly. Still best to exceed minimums rather than go for lowest possible riska nd lowest possible cost. This is the dilemma, as an entrepreneur is by nature confident and cautious, whereas policy approval standards require a degree of manageable risk to be accepted and sorted out.
Yes
Most employers don't know how immigration policy works and are nervous of being tricked or abandoned by the worker/migrant. NZ Govt needs to do some education of employers....
Overall, LTBV is about proper research, proper planning, risk management and not trying to run such low business investment risk that NZIS think you're trying to sneak in under the radar.
If you put your best foot forward, you can do OK.