My job has been relisted, now work visa in jeopardy. Help!
Jun 16th 2013, 9:42 pm
#1
Just Joined
Thread Starter
Joined: Mar 2012
Posts: 3
My job has been relisted, now work visa in jeopardy. Help!
Hi expats,
I'm on a WH visa and am in the process of changing it a work visa essential skills but it turns out my bosses did not list my job on Ministry of Social Development - Work and Income when looking to fill my role.
For them to comply with the labour market check and for me to get a work visa with them, they have to relist my job and i have to pray no Kiwi can do it. I work in a very specialist field but I have no idea how stringent immigration can be on this labour market check.
Does anyone know if other applicants need my exact experience and skill set to nab my job or just something vaguely related?
Also, how long does it have to be on the website?
Any anecdotes and advice would be much appreciated!
Thanks
I'm on a WH visa and am in the process of changing it a work visa essential skills but it turns out my bosses did not list my job on Ministry of Social Development - Work and Income when looking to fill my role.
For them to comply with the labour market check and for me to get a work visa with them, they have to relist my job and i have to pray no Kiwi can do it. I work in a very specialist field but I have no idea how stringent immigration can be on this labour market check.
Does anyone know if other applicants need my exact experience and skill set to nab my job or just something vaguely related?
Also, how long does it have to be on the website?
Any anecdotes and advice would be much appreciated!
Thanks
Jun 17th 2013, 4:05 pm
#2
Queen of the Underworld
Joined: Dec 2007
Location: In NZ!
Posts: 4,785
Re: My job has been relisted, now work visa in jeopardy. Help!
I suppose it will vary from job to job. If it is highly specialised then I would imagine NZIS are less strict, only because there are going to be fewer potential employees around. Compare this to a job that you can train someone to do quickly eg stacking shelves. However they still have to prove this.
For us to determine that an employer has made a genuine attempt to find a suitably trained or qualified New Zealand worker we need to see:
how often and widely the employer has advertised the position in New Zealand
that the terms and conditions – such as hours and salary – match those for the New Zealand job market
that the specifications or requirements in the job description match the job and really are needed to do the job. (We may not give approval if, for example, a job specification states the worker must speak a foreign language or be of a particular ethnic background when this is not really necessary to do the job.)
how often and widely the employer has advertised the position in New Zealand
that the terms and conditions – such as hours and salary – match those for the New Zealand job market
that the specifications or requirements in the job description match the job and really are needed to do the job. (We may not give approval if, for example, a job specification states the worker must speak a foreign language or be of a particular ethnic background when this is not really necessary to do the job.)
Evidence there are no New Zealand workers available
To get an approval in principle before you apply, or to show us that there are no suitable New Zealand workers available when you are applying, the employer has to show that they have have genuinely searched for suitably qualified and trained New Zealand workers.
The employer also has to explain why:
their particular job specifications are necessary for the work
New Zealand applicants are not suitable
New Zealand applicants cannot be readily trained.
We also need to be satisfied that the employer has previously met – and will continue to meet – New Zealand employment and immigration laws.
We usually conduct a labour market test to confirm that no suitable New Zealand workers are available.
We will not consider that the evidence is sufficient if either of the following situations apply:
The advertising for the position is written in a way that discourages New Zealand workers from applying.
There are suitable New Zealand workers available. This includes cases where New Zealand workers are unwilling to take up the work because of the terms and conditions, such as salary or wages, the employer is offering.
To get an approval in principle before you apply, or to show us that there are no suitable New Zealand workers available when you are applying, the employer has to show that they have have genuinely searched for suitably qualified and trained New Zealand workers.
The employer also has to explain why:
their particular job specifications are necessary for the work
New Zealand applicants are not suitable
New Zealand applicants cannot be readily trained.
We also need to be satisfied that the employer has previously met – and will continue to meet – New Zealand employment and immigration laws.
We usually conduct a labour market test to confirm that no suitable New Zealand workers are available.
We will not consider that the evidence is sufficient if either of the following situations apply:
The advertising for the position is written in a way that discourages New Zealand workers from applying.
There are suitable New Zealand workers available. This includes cases where New Zealand workers are unwilling to take up the work because of the terms and conditions, such as salary or wages, the employer is offering.
