Work Visa Problems?

Old Jan 5th 2009, 8:32 am
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Question Work Visa Problems?

Just wondering if any of you good folk have any suggestions for a friend of mine?

Her daughter has a work visa here that expires next week ... She is a skilled migrant, a senior stylist hairdresser, but had a baby 8 weeks ago and so hasn't worked. She can't return to her previous job as they have also moved areas in the last 4 weeks.

She has been offered jobs in her new area but no salon will give her a contract that she needs to renew her work visa. The 2 reasons she is being given for this is that due to the current economic climate they don't want to commit to a period of employment not knowing how their business is going to perform in the coming months and this new 90 day "trial period" ruling?

No contract = no work visa.

Her parents are both here as Permanent Residents and have been for 2 years. But neither she nor her baby have PR and as from next week no visa. They can't hop over to Oz for a weekend and come back in on 6 month visitor visa to tide them over as the baby doesn't have a passport?

I know nothing about work visas or employment laws so just wondered if anyone had any useful theories as to what they do to overcome this?

Thank you.

Loolah
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Old Jan 5th 2009, 10:51 pm
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Default Re: Work Visa Problems?

Hi Caroline

What a bit of a pickle! I'm clutching at straws here and I'm just guessing on this but I'm sure the Embassy will be able to issue the baby a passport asap with the timeframe she has left ?! Also, if the parents have PR and have had it for 2 years+, aren't they soon going to be eligible to sponsor the daughter out? Sooooo, if she gets baby's passport from British Embassy (or wherever it gets sorted from) she can leave, come back as a visitor, extend for the extra 3 months and then be sponsored? At least if she is here for longer she might be able to find another job to get her that extra work permit?

This is all I can think of at the minute and is a complete long-shot, sorry. I wish them all loads of luck xx
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Old Jan 5th 2009, 10:54 pm
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Oh, you say she is a Skilled Migrant! Couldn't she do the PR herself from on-shore if she comes in on a visitors visa? If she has NZ work experience and has a visa then she will get those extra points. Plus, the baby can't leave without a passport so she must be able to apply for one before she has to leave...?

Sorry I just don't know the ins and outs but I didn't want to not post x
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Old Jan 5th 2009, 11:43 pm
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Default Re: Work Visa Problems?

Im rubbish with the visa requirements so not a lot of help, but just a thought, could she start her own business as a mobile hairdresser, would she get a visa for this, then she could apply for PR if Hairdressing is on the skill shortage list. Sorry if thats a crap idea, i wish her luck though, and hope all goes well.
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Old Jan 6th 2009, 7:14 am
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Default Re: Work Visa Problems?

Originally Posted by Kimi-Deacon View Post
Im rubbish with the visa requirements so not a lot of help, but just a thought, could she start her own business as a mobile hairdresser, would she get a visa for this, then she could apply for PR if Hairdressing is on the skill shortage list. Sorry if thats a crap idea, i wish her luck though, and hope all goes well.
No she would not, but it is a brilliant idea.
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Old Jan 6th 2009, 7:18 am
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Default Re: Work Visa Problems?

Originally Posted by Michelle&Carl View Post
Oh, you say she is a Skilled Migrant! Couldn't she do the PR herself from on-shore if she comes in on a visitors visa? If she has NZ work experience and has a visa then she will get those extra points. Plus, the baby can't leave without a passport so she must be able to apply for one before she has to leave...?

Sorry I just don't know the ins and outs but I didn't want to not post x
She could try the PR route if she had enough points. I'm guessing she wouldn't have enough . Even so, she would have to leave after her visitors visa finally expired , unless she can obtain a job offer with 'terms and conditions' for a set period.

If she can get a salon to offer her even a six month job offer with 'terms and condtions' i.e. sick and hol pay, then she may be able to get a temp. 6 month work permit.

Same for 1 year etc as you know.
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Old Jan 6th 2009, 7:26 am
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Default Re: Work Visa Problems?

Originally Posted by Michelle&Carl View Post
Hi Caroline

What a bit of a pickle! I'm clutching at straws here and I'm just guessing on this but I'm sure the Embassy will be able to issue the baby a passport asap with the timeframe she has left ?! Also, if the parents have PR and have had it for 2 years+, aren't they soon going to be eligible to sponsor the daughter out? Sooooo, if she gets baby's passport from British Embassy (or wherever it gets sorted from) she can leave, come back as a visitor, extend for the extra 3 months and then be sponsored? At least if she is here for longer she might be able to find another job to get her that extra work permit?

This is all I can think of at the minute and is a complete long-shot, sorry. I wish them all loads of luck xx
I like this idea.


To sponsor , the parents need to have been PRs for 3 years, so the daughter needs to be able to cover one more year.

Also , if she has more than one sibling living in the UK, then NZIS may well consider the balance of the family is in the UK and not NZ.

Hope this helps a bit.
Sorry if it is a bit bitty.
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Old Jan 9th 2009, 12:21 am
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Default Re: Work Visa Problems?

Thanks for all your suggestions. I got it wrong and the work visa expired in November and she was issued with just a 3 month visitor's visa, which they dated from application and expires next week. She has been told that if she were to leave the country for a weekend and come back in on a visitor's visa again she'd be arrested at the airport.

Parents have not had PR for 3 years, just 2 years in April so they can't sponsor her either.

What they have been told to do is write letters informing immigration of the situation and the dates etc with evidence of her qualifications and see what happens from there.

Everytime I speak to them there's alterations in the story/timeline so I'm leaving it well alone from now on - it's up to them.
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Old Jan 26th 2009, 5:34 am
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Default Re: Work Visa Problems?

So, a quick update as I thought it could be that this raises a few considerations for some.

My friends daughter managed to secure a pretty promising job in a new opticians. They have taken her on with a view to training her up to be able to be a dispensing assistant - or some such.

With this in mind she applied for her new work visa to immigration. She has been refused and has 2 weeks to appeal. The refusal is on the grounds that a Kiwi could have been offered the job and training and doesn't need an immigrant. Her employer has said he will write a letter stating that out of all the applicants he interviewed she was the best for the job ...

It just makes me wonder if in the current climate whether NZ immigration are really clamping down on this one? I've heard of others getting work visa's for other jobs that I am sure a Kiwi could be found for before. Are they getting tougher do you think?

With her employer onside and a meeting with their local MP this week, hopefully they'll get things sorted?
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Old Jan 26th 2009, 12:07 pm
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Default Re: Work Visa Problems?

The NZIS apply a labour workforce test to any job offer not on the skill shortage test. They use the work and income offices for this among other things.If it is ajob including training then NZIS would always most likely refuse this to a non-resident. THeir view would be that any NZ resident or citizec could take up this training and job offer. In other words the opticians should advertise in the local apers and lodge the vacancy with work and income.

If they have done this and the vacancy had remained unfilled for several months prior to offering it to your friend's daughter , plus they can prove they did this and properly searched for an NZ resident or citizen, then there may be grounds for appeal.

ps

It is not enough that the employer simply prefer her. They have to prove that all the other candidates were totally unsuitable. As I say, it is about the training.pps

If she has previous work experience in this field , then use it for the appeal.
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Old Mar 31st 2009, 10:23 am
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Default Re: Work Visa Problems?

Originally Posted by BEVS here View Post
The NZIS apply a labour workforce test to any job offer not on the skill shortage test. They use the work and income offices for this among other things.If it is ajob including training then NZIS would always most likely refuse this to a non-resident. THeir view would be that any NZ resident or citizec could take up this training and job offer. In other words the opticians should advertise in the local apers and lodge the vacancy with work and income.

If they have done this and the vacancy had remained unfilled for several months prior to offering it to your friend's daughter , plus they can prove they did this and properly searched for an NZ resident or citizen, then there may be grounds for appeal.

ps

It is not enough that the employer simply prefer her. They have to prove that all the other candidates were totally unsuitable. As I say, it is about the training.pps

If she has previous work experience in this field , then use it for the appeal.
And so the plot thickens .... A quick update ...

Transpires that she has been granted a "Seasonal Work Visa" which expires in June. But she's not working in a seasonal job capacity (think kiwifruit packhouse) as had 5 week premature baby, in October etc, etc ...

Got fantastic job with new optician franchise which Immigration did accept as no Kiwi could do - apparently not enough for Immigration ...

So, new Franchise Employer paid $6,000 to enroll her on a course to be an Optician Dispenser (or some such.) Australian course, Immigration said ok. They rang back a week later, to say it wasn't on "their list" as recognized NZ qualification and therefore she'd be an overstayer ...

Managed to get the $6,000 back from course provider to pay employer back.
Has left her job, but they are keeping position open ...

NZI has said because she has a brother (albeit estranged) in the UK, they will send her and baby back to the UK when Seasonal Work Permit expires in June.

Local MP (Ex-Lawyer) won't take case up as she's not been ill-treated.

Go to Immigration Lawyer for free half hour consultation - she tells them she'll be out of a job by the end of the year as Immigration will only be accepting Doctors and Nurses by then!

Have now got an appointment with an agent from Immigration Lawyers specialising here - we await the outcome ...
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Old Mar 31st 2009, 10:42 am
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Default Re: Work Visa Problems?

Oh dear.

Seems they are trying to swing the lead here to be honest .

If she was granted a seasonal work permit , then that would be for what it was.. ....a seasonal work permit. Apple picking etc. Someone has maybe told a few small porkies here for her to get that perhaps.

The franchise optician would need to employ xx amount of kiwis and then have had to show that they had actively advertised for an NZ PR or citizen. On top of that they would have needed to show they were offering the training course to NZ PRs or citizens. Not simply tailored a course to suit this overseas person.

Has left her job, but they are keeping position open
Then it needs to be advertised to an NZ PR or citizen and say that there is an offer of training. If no-one then takes that after XX amount of time, then it may be a goer but my feeling is that someone is trying to pull the wool.

Correct about the family gravity. She has direct family in the UK. It doesn't matter the relationship at all.
She has tried to hoodwink the system.

I'd say save the money.
Get her to understand she must go back for a while . She can then retrench and look to return properly.

If this goes too far, she will end up with a no return outcome.

If an agent does gain her PR somehow, then I will certainly feel that they had an 'inside' connection to make this happen against all the rules and the odds.
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