karen87

Hi everybody,

Hoping to get some advice on our current situation and our visa options going forward.

So the situation is that my partner contacted an environmental consultancy via a cold e-mail enquiring about job opportunities, which has led to an interview today. The consultancy is very small and is not an Accredited Employer, and has next to no knowledge of the immigration/visa process.

We are currently both in NZ on 12 Month WHV's, with the hope of getting residency via SMC if either of us can secure a job offer.

The interview went well and there may be a job offer on the cards, but the employer wishes to know more about the visa process, as they're a small consultancy and don't want to do anything illegal or wrong.

From our current knowledge we understand that my partner can be taken on by the consultancy on a temporary contract under the WHV, but thereafter the employer can state in writing that they wish to take on my partner permanently and we can apply for the SMC as we'll have > 140 points with a job offer. Are we correct in thinking this, or are we wrong and need to look at other options?

Thanks for your help

MrsFychan

if the job is not on the skills list and the company is not accredited then I doubt you could get a visa. The company could apply for accreditation, which would involve them applying, providing all their accounts and if successful pay an annual fee.

Accredited Employer FAQs


If the job is on the sklls list then you apply via EOI and ITA and go through the hoops of providing the relevant paperwork, the company does not have to be accredited if the job is classed as needed in NZ

LauraNotts

I'm fairly sure that sounds reasonable but I'm not an expert and my advice is only from my own experience so don't take it as gospel.

You can always ring up Immigration New Zealand and ask to make sure (which I highly recommend you do). I found them pretty helpful every time I had a question. It might be best if you explore getting a work visa first to bridge you while your residency is processed. To do that the prospective employer would need to prove that there are no Kiwis available to do your job or to prove they'd advertised it. Again Immigration New Zealand would probably be able to help them with that.

karen87

MrsFychan - The job isn't on the LTSSL or Essential Skills In Demand List, but is regarded as a Skilled Occupation on the ANZSCO listings. As the company isn't currently Accredited, and I think they wouldn't go down that route because they're very small, the SMC is our main option.

LauraNotts - I also think calling Immigration would be a good option, so we'll do that tomorrow morning. The issue with them proving there are no Kiwi's to do the job is the job wasn't advertised and the interview was only gained through a cold e-mail, however, we can ask Immigration about that when we call.

Thanks for your replies.

BEVS

The employer is OK to take on your OH on a temporary basis under the WHV as you know.

Please note that this would have no bearing on whether or not an Essential Work Temporary visa could be uplifted.

The employer & your OH will need to seek Approval In Principleunder the essential skills work policy if they wish to offer your OH long term permanent work.

As the occupation is not on the skill shortage lists , this means that the employer has to prove to New Zealand Immigration and the Dept of Labour that there is no suitable NZ resident or citizen that could take up that position , either as it stands or with some training.

The employer will need to show proof of advertising and a genuine attempt to recruit.

HERE is the form the employer would need to complete. There is advice and help within the form.

BEVS

Looking at your profile KAren87.

Have you thought of finding work yourself in your occupation. It may be that yours is on the shortage lists.

karen87

Hi BEVS,

Thanks very much for your response.

We have both been actively applying for jobs, however, I've yet to have any luck applying for Laboratory Technician posts. I think this is a combination of no NZ experience and the WHV scaring people off. But I will continue to persist, and am thinking of approaching employers for voluntary opportunities to gain some NZ experience.

Anyway, my OH has now been offered a position in Rotorua, which is great news for us! She will be employed temporarily on the WHV, as our visas don't expire until May 2016. If an offer of permanent employment is made thereafter and meets the conditions of the SMC visa, we want to apply for residency. Am I right in thinking my OH can continue to work on the WHV until such time as our residency application might be granted?

Many thanks

Persephone

As long as the job is still temporary and doesn't break any of the conditions of the WHV then yes you can. The employer should give you a start date that you can use in your EOI/ITA.

Your employer should not have to apply for approval in principle if you are going to go from working on a WHV and then straight onto residency. That is only if you are planning on applying for a temporary Essential skills work visa to cover any working time between WHV and residency/SMC.

Congratulations on the job offer and good luck with your job hunt

BEVS

Good point Perse.

Makes the whole thing easier.

Persephone

As long as residency comes through quickly enough. Saves on applying for yet another visa

karen87

Fantastic

Thanks very much for your help everyone.