terrier2

Hello,
I hope that someone on here can help lay my mind at rest with a bit of a problem I think I have.
I have worked for an accredited employer for over 24 months, I have also been earning over the required ammount of $s per year.
When I started my job I applied and got a years work visa, when it expired I applied again and recieved a visa under the talent visa.
So now as I have worked from them for over 24 months (it was 24 months on Sept 11th) I have applied for RRV. My application was submitted on September 17th and everything was sweet, I have called a couple of times to be told that everything was in order and I would hear something soon, well yesterday I heard!!
My case officer called and left a message at home saying that as I havent held a talent visa for 24 months she was going to return my application, I rang her this morning and explained that I had been advised by the immigration help line that I was entitled to apply as I had been working for the required 24 months, I asked at the time if I had to wait another year as I had only had a talent visa for 12 months, they said no, as I had worked for them for 24 months that that was good enough.
I told my case officer this and she said that she would have a word with her manager and let me know the outcome.
Help, what can I do, I cant believe that Im going to loose my application fee and all the hassle with the medicals and the money gone down the drain.
Has anybody else had this problem? What happened?
Im hoping that someone can point me in the right direction......Please.

Cheers
John.

JAJ

Did you obtain permanent residence at any point? If not, you can't have an RRV.

BEVS

I'm not sure that you mean an RRV. An RRV - returning residents visa is issued when you are granted PR - permanent residency. The RRV would have been valid for two years and gives you leave to exit and return to NZ. The PR gives you leave to remain in NZ as a permanent resident.

Do you mean that you first came to NZ , found a job and then applied for a one year temporary work permit. From then and when that 1 year work permit expired you then applied to remain under the Residence from Work policy using 'talent', i.e. your employer is accredited.

If so, then whether or not you can now go onto apply for PR via the Residence from Work policy will be discretionary. Strictly speaking, no, you are not entitled to apply for PR until you have been under the Residence from Work permit for 24 months. This would not include your time on a temporary work permit. The issue for NZIS is what visa/permit policy you have remained here in NZ with , not how long you have worked for your employer. However, your case officer may well take this up with a supervisor and decide that they can include your temporary work permit period.

Good luck. Maybe NZIS will make a discretionary concession.

terrier2

I meant PR of course, I sometimes think Im going mad.
Anyway, I still havent heard anymore since my case officer said that she was going to consult her manager, one thing has changed though, my on-line status has changed, before it said medicals recieved 22nd September but now it has changed to recieved on the 8th December, I really dont know how that works?
So does anyone have any idea how long it takes for my case officer's manager to reach a decision?

BEVS

As long as it's only sometimes. I think I went mad a while ago.

I don't know how long . I suppose it all depends on how many case loads are piled up on any one desk and how many staff are away.

One thing though, it's coming up to the Christmas shut-down , so you may want to chance the luck of the gods and press your case officer for a decision. Two ways that could work , of course. 1] You get a decision and it's favourable [2] You get a decision but they get a bit hacked off and give it the thumbs down.

FWIW and it'll be no consolation to you at all, I can't see why they shouldn't include the one year on the temp work permit. After all you have stuck with the same accredited employer.

Why not ask your employer to contact NZIS on your behalf to put forward your case and press for a decision. They need to make it clear you are truly , deeply and everlastingly needed there.

I do know of a chap that was having a problem with an SMC PR application. NZIS were basically saying no on two counts. 1] He did not earn the labour market rate [2] His quals etc did not match. The employer got involved and did some talking about the blokes work and , bingo, he got his ITA. This wasn't even an accredited employer as far as I know.

Have your employer talk with them in the nicest possible way.

Good luck

terrier2

Thanks Bev, My employer is going to talk with them tomorrow, they have a contact there so hopefully they will sort it out.
I would say that about 50% of the people that work at my company have been through the immigration route so Im sure they are used to dealing with them.
Thanks and I will let you know what happens.

terrier2

I got home last night and there was a letter from immigration saying that I have residencey, all I have to do now is send my passport.
Thanks for your help and support