British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration, Citizenship and Visas (NZ) (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/)
-   -   Help on WHV... (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/help-whv-614163/)

Matewx Jun 10th 2009 11:08 pm

Help on WHV...
 
OH best friend wants to come n join us in Auckland for a year or so as she needs/wants a year off! Best for her would be the WHV so she can do some casual work from time to time...
She is currently living/working in the states & holds a british passport.
She lodged her application and her CO came back with the below email:

According to Immigration New Zealand’s policy, to be eligible for a work visa/permit under the United Kingdom Working Holiday Scheme, applicants must:


“i be British citizens, ordinarily resident in the United Kingdom, and
ii satisfy an NZIS visa or immigration officer that their primary intention is to holiday in New Zealand, with employment being an incidental rather than a primary reason for the visit, and

iii have a minimum of NZ$350 per month available funds for their maintenance during the period of stay in New Zealand.”

Also:
Where a scheme has an 'ordinarily resident' requirement the applicant's usual place of permanent residence must be that country. This requirement is considered to be met if the applicant has not been absent from that country for more than two years immediately preceding the application.

You will note that one of the requirements of the United Kingdom Working Holiday Scheme is that at the time of applying you must be “ordinarily resident in the United Kingdom”.


You are living in the United States which means that you were not “ordinarily resident in the United Kingdom” at the time of submitting your application


Because this information may affect the outcome of your application, this e-mail provides you with an opportunity to comment on it. Any comments you wish to make must be received no later than 7 days from the date of this e-mail.


Failure to respond to this opportunity within the specified time will result in a decision being made on the information currently held.


Please note, you must inform Immigration New Zealand of any relevant facts or change in circumstances that may affect the outcome of this application.


She needs to get back to them ASAP but not too sure what to say...

She meets all 3 requirements, except that she does not currently lives in UK. Surely, other British not in the UK have gone through similar process...

Any help/advise would be highly appreciated!

Thanks

BEVS Jun 10th 2009 11:28 pm

Re: Help on WHV...
 
To be clear. Are you saying she is currently on a WHV in the States or is she resident in the States , living and working on a USofA visa of some sort & has been for a few years?

Matewx Jun 11th 2009 8:01 am

Re: Help on WHV...
 

Originally Posted by BEVS (Post 7653640)
To be clear. Are you saying she is currently on a WHV in the States or is she resident in the States , living and working on a USofA visa of some sort & has been for a few years?

Thanks Bevs! I told my friend about you n your knowledge!!;)
She is working in the States and has a work permit not WHV. Has been there for a couple of years. She has a really good job, just need a year off!
Next time I log, I should be in Auckland... Look forward to your replies!

RobDon Jun 11th 2009 8:06 am

Re: Help on WHV...
 

Originally Posted by Matewx (Post 7654616)
Thanks Bevs! I told my friend about you n your knowledge!!;)
She is working in the States and has a work permit not WHV. Has been there for a couple of years. She has a really good job, just need a year off!
Next time I log, I should be in Auckland... Look forward to your replies!

OMG your flying today!! Why are you on here and not running round like a headless chicken??!!
I am so exited for you!! :thumbsup::thumbup:
Safe Journey and keep in touch on the other side.:thumbsup::thumbsup:

Matewx Jun 26th 2009 8:56 am

Re: Help on WHV...
 
My friend's WHV has been refused on the basis that she is not currently living in the UK & has not been for the past year.
Although she is UK Citizen...
U guys reckon she could appeal?

BEVS Jul 1st 2009 5:44 am

Re: Help on WHV...
 

Originally Posted by Matewx (Post 7701159)
My friend's WHV has been refused on the basis that she is not currently living in the UK & has not been for the past year.
Although she is UK Citizen...
U guys reckon she could appeal?

The UK WHV has a proviso that the UK citizen be ordinarily resident in the UK.

She could stand a chance with an appeal if she has been in the States for less than two years because the operations manual states.......


Where a scheme has an 'ordinarily resident' requirement the applicant's usual place of permanent residence must be that country. This requirement is considered to be met if the applicant has not been absent from that country for more than two years immediately preceding the application.
If she has been absent from the UK for more than two years, then she will have to look at another way of being here for a year.

I've been thinking about this and having a dig around.

Does she want to work continuously for a year here in New Zealand or does she want to take time out to travel around NZ and do some work ?

She would be entitled to a visitors visa of 6 months anyway but I have taken the point that she would like to come for an entire year.

It is sometimes possible to apply for an extension to the visitors visa. Normally for a further 3 months bringing the stay up to 9 months but sometimes a further 3 months is granted, making a total stay of 12 months in all.
Of course, she would NOT be allowed to work with this visa.

I am wondering if a temporary seasonal work visa/permit may suit her purpose.

Please have a bit of a read HERE for the basics.

She could perhaps come into NZ on a visitors visa. Have a bit of a holiday and the look to find temporary work picking grapes, packing fruit or other work of a similar nature. She would then apply for a Recognised Seasonal Employer Work permit to allow her to work for the NZ employer. The NZ employer must be registered with NZIS to allow overseas people to work for them in this way. Once this work is finished with , she could either move on and re-apply for another Recognised Seasonal Employer Work permit or contact NZIS re an extension or a re-instatement to the visitors visa.

Just a suggestion and I am not quite sure how it could be put together so I'll have a bit more dig around . I do think that people do trhis though. The come, work in the vineyards or pack apples or whatever for a short while , maybe stay longer on a visitors visa , then get another seasonal work permit to earn a bit of dosh and then finally leave NZ.

Matewx Jul 1st 2009 9:34 pm

Re: Help on WHV...
 

Originally Posted by BEVS (Post 7713945)
The UK WHV has a proviso that the UK citizen be ordinarily resident in the UK.

She could stand a chance with an appeal if she has been in the States for less than two years because the operations manual states.......

If she has been absent from the UK for more than two years, then she will have to look at another way of being here for a year.

I've been thinking about this and having a dig around.

Does she want to work continuously for a year here in New Zealand or does she want to take time out to travel around NZ and do some work ?

She would be entitled to a visitors visa of 6 months anyway but I have taken the point that she would like to come for an entire year.

It is sometimes possible to apply for an extension to the visitors visa. Normally for a further 3 months bringing the stay up to 9 months but sometimes a further 3 months is granted, making a total stay of 12 months in all.
Of course, she would NOT be allowed to work with this visa.

I am wondering if a temporary seasonal work visa/permit may suit her purpose.

Please have a bit of a read HERE for the basics.

She could perhaps come into NZ on a visitors visa. Have a bit of a holiday and the look to find temporary work picking grapes, packing fruit or other work of a similar nature. She would then apply for a Recognised Seasonal Employer Work permit to allow her to work for the NZ employer. The NZ employer must be registered with NZIS to allow overseas people to work for them in this way. Once this work is finished with , she could either move on and re-apply for another Recognised Seasonal Employer Work permit or contact NZIS re an extension or a re-instatement to the visitors visa.

Just a suggestion and I am not quite sure how it could be put together so I'll have a bit more dig around . I do think that people do trhis though. The come, work in the vineyards or pack apples or whatever for a short while , maybe stay longer on a visitors visa , then get another seasonal work permit to earn a bit of dosh and then finally leave NZ.

This is clearly why you are Poster of the month!!
Thanks
xx

BEVS Jul 1st 2009 9:42 pm

Re: Help on WHV...
 
You mean it wasn't my wit , charm and dynamic, fun personality? :sneaky:


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