Bev MK

Seems rough. However our quals are on the exempt list, we're not required to reregister and an NZQA assessment was not on the list of document requirements they sent us with the EOI. So I still think that asking the CO why they want us to go to the NZQA is a reasonable question ..... CO doesn't think it's a reasonable question.

I don't think we're ready to give up quite yet but of course the job offer will go away if this takes too long - in fact, they may well withdraw it once they know we've hit these problems. Sigh...

BEVS

No. You seem to have a rubbish one.

Yes. People have been known to ask for their applications to be taken up by a branch supervisor.

Ref. the quals thing. It is possible to be deemed to be overqualified for an occupation.Strange but true. The CO is probably seeking to find out if the UK qualification matches the level for the occupation. Not over and not under.

I'd say this CO has taken a dislike to your application for some reason. Get this person moved off the case.

BEVS

NZIs operations manual has this to say about the service it offers.

and this

and this . Can you tell I'm miffed for you.

scrubbedexpat094

I'm miffed for you too. Do not be concerned with upsetting this CO's feelings. This is about YOUR future, so be adamant about it being passed on to someone more senior.

MrsFychan

I agree with Bevs and Vital, it's your future so you deserve a reason as to why they are saying what they are and you deserve for it to be looked at again by another person.

Bev MK

I had thought this myself but then thought that maybe I was being paranoid. I don't know why they've taken against us. We've only had 2 phone convs with them and hubby is as mild-mannered and as polite as you could hope to meet so I don't see how he could have offended them. If it had been me on the phone, maybe!

I can! And thank you for the guidance on standards. I did think that the "i don't explain my decisions, that would be immigration advice" attitude was rather off but it's great to see that it doesn't meet their own guidelines.

Thanks. I suppose my concern is partly that I figure that with this kind of thing you don't have a right to a visa and they're always going to be able to find a way to turn you down if they want to so I didn't want to put their backs up.

Thank you. The support really helps.

We have talked to a lawyer and weren't convinced that they offered us quite what we needed right now but may revisit that again soon. The employer has confirmed that they will not change the contract, which is as we expected. They also say that none of their expats have ever gone for PR - I think this may well be because it is a field where people tend to move a lot. They also say that they are confident they can help us get a 3 yr visa pretty quickly and that they can prove to NZIS that they could not recruit a kiwi. We will probably file for the fixed term visas while still keeping the process going on the PR one. Based on what the lawyer told us, we plan to write a letter asking that they view our application with particular consideration to "settlement and contribution" (21.10 I think). We think we stack up pretty well on that as we are both highly employable in well-paid fields, each hold a prof qual and 2 masters, we're multilingual (not too useful in NZ I know), and we've lived overseas before and have a few friends in NZ. According to the lawyers it's basically about showing that you end up paying a good whack of tax and that you will stay employed and understand the consequences of moving far away from home. We can demonstrate all of that. We've lived in remote locations further from the UK (in time terms, not geography) and our children were born overseas away from family and friends.

I think if it comes down to it, we'll go on a temp visa but I do want PR. We've reached the stage where I don't want to be relocating the kids too often. My eldest is currently a typical TCK, and I want him to have a stronger sense of home and belonging. NZ is one of the few places in the world where we could have a perm home and hubby could have access to the work he prefers. There's not many places where the two overlap. He can get work anywhere but life is so much better when you're doing what you really enjoy.

So, I think overall I'm feeling more positive now. Unsettled but positive. Next stage, write letter. Then, if that's ignored, ask for it to be referred higher.

thepinkone

Glad to hear your sticking in there. The letter sounds good - I did an email explaining our situation - after all these people don't know us from Adam and it can't hurt to give them a full picture. And again, do go higher; as I said I have my CO and her manager working on our case, its then going to be second checked by another just to make sure (I'm assuming this is the normal process as I didn't ask for it). Make sure you get the full service you're paying for; goog luck

BEVS

Yes. You do stack up extremely well . Keep at it.
Yes. Go for the temp 3 yr visa as the stop gap. It shows commitment to arrive and settle. It will strengthen the PR application.

Just like for anything else, there can be quality CO's and rubbish ones. I'm not sure there are ongoing tests of their ability to handle applications properly. Or if said applications are passed through more than one CO & then signed off by a manager to ensure a uniform approach and attitude in accordance with their own operations manual. Your case would suggest not & indeed, I've read of similar in the past. Even an order for deportation has been overturned because the migrant has actually been able to show they can & do contribute to NZ.

I see what you are saying but this isn't actually allowed by NZ's own government standards.
If you meet the criteria & you do, then you have every right to expect fair play by this country and a visa reflective of that.

skends

Fingers crossed for you bev mk, maybe there are just a few more hoops for you to jump through - pardon the pun, but im sure it will all come together. I feel that too about thinking that they will be able to find a way to turn you down if they want to, but as Bevs says - you have every right to expect fair play .
I know this is your thread but - we now have 4 more hoops to jump through!!! sorry but thats how i see it 1 - another police check! one of hubbys middle names was not on the police cert, and not in his passport - 2 - a statutory declaration to confirm that hes dosent usually use one of his middle names and 3 - a character waiver statement (he was a minor offence from 27 years ago, and 4 - his medical has been referred as his chest xray showed something abnormal!! I feel like we are never going to get to NZ!!!

GoingIn2011

Haven't read the whole thread - sorry bit of a hurry!
I got residency with a three year contract. As far as I know, showing that your employment is sustainable does not require a permanent contract at all, and if your hub has been in employment sustainably historically then that should be good enough. That's what my agent (through the employer here) always told me and there were absolutely no questions from the CO about it at all.

Pom_Chch

If they don't do perm contracts is there anyway of them stating that you are "permanent" (even though you are not) in the contract to get around it? Basically just getting the employer to pull a few stings to help you get over there.

The only reason I suggest this is because I know companies have done this the other way around for expats on the working holiday visa. On the WHV you are not allowed to take up permanent employment so employers put in the contract that they are temporary until a more permanent visa is arranged. A friend of mine went over on a WHV to work as a lab technician. He got a job and his employers put in the contract that he was a temp. They then went on to sort out the WTR visa so that he could stay on permanently with no problems.

Bev MK

That's our reading of it too, but CO disagrees.

absolutely no way they'd do that. Squeaky clean organisation.

BEVS

Looking forward to reading that this CO is eating humble pie and has been whisked off for more training !

Could BevMK use your agent GoingIn2011 ?

Bev MK

I wish I had your confidence Bevs!

Yes, I would be interested to have the agent's details, good point!

GoingIn2011

Unfortunately, it was an immigration agent who works for my employer directly (I believe) and so would only handle our work cases.

On reading through the email exchanges with the agent from a year or so ago, the issue came back to me. She told me at the time that I would have to have a renew option built into my contract - which I have since completely forgotten about. On checking - it is there, in the form of a covering letter for the contract. So what I said originally in this thread is not the whole story - so apologies for that. I completely forgot about this extra bit. This was built into my contract documentation precisely because they were getting someone from overseas; i.e. my employer had experience that this is what is required for residency. My employer does not do permanent contracts!

It basically says that the employer will undertake to find me another position in the same field even though the position I am moving to now only has funding for X years.

The employer is an academic institution and therefore has guaranteed existence (pretty much) and thus the undertaking to find me another position is pretty substantive. If the prospective employer could argue the same, then perhaps this will tip the balance.

My agent did make this point very clear however:
A fixed term contract does not automatically meet the requirements and it is the up to the discretion of the individual case officer.