Was on temp work visas - Help to return to NZ
#1
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Joined: Sep 2015
Location: Birmingham, UK
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Was on temp work visas - Help to return to NZ
Hi,
I am a newbie to using any sort of forum at all, so please be gentle with me!
I am currently going through a process with the NZ Ombudsman where they are investigating a complaint about Immigration New Zealand's processes. I won't bore you with the details but basically it looks like NZ immigration inadvertently processed my partnership temporary work visa application, as an independent application and awarded me a 3 year open work visa, with no conditions stated on either the visa in my passport or the supporting documentation sent to me. I am trying to find someone who has been issued a temporary work visa as the partner of someone who already holds an NZ work visa, to see if the wording on the letter or visa stamp differs from what I have been issued. If anyone is willing to provide a scan of their letter and passport visa (personal details blanked out of course) then I would be extremely grateful. The outcome of this Ombudsman process, will determine whether or not we are able to return to NZ to live and work (for the 3rd time - don't ask! Children are complicated!). Thanks for reading
I am a newbie to using any sort of forum at all, so please be gentle with me!
I am currently going through a process with the NZ Ombudsman where they are investigating a complaint about Immigration New Zealand's processes. I won't bore you with the details but basically it looks like NZ immigration inadvertently processed my partnership temporary work visa application, as an independent application and awarded me a 3 year open work visa, with no conditions stated on either the visa in my passport or the supporting documentation sent to me. I am trying to find someone who has been issued a temporary work visa as the partner of someone who already holds an NZ work visa, to see if the wording on the letter or visa stamp differs from what I have been issued. If anyone is willing to provide a scan of their letter and passport visa (personal details blanked out of course) then I would be extremely grateful. The outcome of this Ombudsman process, will determine whether or not we are able to return to NZ to live and work (for the 3rd time - don't ask! Children are complicated!). Thanks for reading
#2
re: Was on temp work visas - Help to return to NZ
Hi Charlotte, I can't help with your specific request but just wanted to welcome you to the forum Fingers crossed someone can help!
#3
re: Was on temp work visas - Help to return to NZ
Hello and welcome to BE! We're quite tame on here. really!
I am a little confused. I was under the belief that if you are the partner of someone with a NZ work visa then you get offered an open work visa for the same length of time as your partner's. I'm not sure what conditions you would have on that apart from the length of time.
Maybe I'm reading this wrong?
You wouldn't be awarded an 'open' work visa independently, they all have to be attached to a job
I am a little confused. I was under the belief that if you are the partner of someone with a NZ work visa then you get offered an open work visa for the same length of time as your partner's. I'm not sure what conditions you would have on that apart from the length of time.
Maybe I'm reading this wrong?
You wouldn't be awarded an 'open' work visa independently, they all have to be attached to a job
#4
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Joined: Sep 2015
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re: Was on temp work visas - Help to return to NZ
Hello and welcome to BE! We're quite tame on here. really!
I am a little confused. I was under the belief that if you are the partner of someone with a NZ work visa then you get offered an open work visa for the same length of time as your partner's. I'm not sure what conditions you would have on that apart from the length of time.
Maybe I'm reading this wrong?
You wouldn't be awarded an 'open' work visa independently, they all have to be attached to a job
I am a little confused. I was under the belief that if you are the partner of someone with a NZ work visa then you get offered an open work visa for the same length of time as your partner's. I'm not sure what conditions you would have on that apart from the length of time.
Maybe I'm reading this wrong?
You wouldn't be awarded an 'open' work visa independently, they all have to be attached to a job
#5
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Location: Wellington - I miss Castles, the NHS & English school system
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re: Was on temp work visas - Help to return to NZ
gosh what a dilemma, my understanding that all visa's gained off the back of a main applicant have to adhere to the main applicants conditions, so if the main applicants conditions change then so do the visa's attached to the main applicants, as that was how those visa's were obtained and not under their own criteria, if that makes sense
#7
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re: Was on temp work visas - Help to return to NZ
gosh what a dilemma, my understanding that all visa's gained off the back of a main applicant have to adhere to the main applicants conditions, so if the main applicants conditions change then so do the visa's attached to the main applicants, as that was how those visa's were obtained and not under their own criteria, if that makes sense
Last edited by Charlotte68; Sep 6th 2015 at 12:38 pm.
#8
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Joined: Oct 2011
Location: Wellington - I miss Castles, the NHS & English school system
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re: Was on temp work visas - Help to return to NZ
that's the reason for the second check, to make sure everything is above board, doesn't help you though, I think you could probably make a formal complaint against the first CO.
I'm going to tweak the title and hopefully someone with the relevant visa will be along soon to help.
I'm going to tweak the title and hopefully someone with the relevant visa will be along soon to help.
#9
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re: Was on temp work visas - Help to return to NZ
that's the reason for the second check, to make sure everything is above board, doesn't help you though, I think you could probably make a formal complaint against the first CO.
I'm going to tweak the title and hopefully someone with the relevant visa will be along soon to help.
I'm going to tweak the title and hopefully someone with the relevant visa will be along soon to help.
#10
re: Was on temp work visas - Help to return to NZ
You are using the term 'partner'. Is your husband an NZ citizen or resident please? Or are you both from overseas i.e. the UK for instance.
edit ....
Ah! I see what case you are trying to argue.
I will try to come back to this later on.
For the time being.
What is your occupation and is the prospective NZ employer accredited or otherwise eligible to offer you a job. Is your occupation on any of the shortage lists please?
edit ....
Ah! I see what case you are trying to argue.
I will try to come back to this later on.
For the time being.
What is your occupation and is the prospective NZ employer accredited or otherwise eligible to offer you a job. Is your occupation on any of the shortage lists please?
Last edited by BEVS; Sep 7th 2015 at 11:33 pm.
#11
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re: Was on temp work visas - Help to return to NZ
Hi,
My 'partner' is my husband, who is also a UK applicant. He had already been granted a 3 year work visa with a specific employer.
I am a Clinical Academic Training manager at a uK university medical school - not an occupation on the skills shortage lists unfortunately. The job offer I received was from Capital & Coast DHB in Wellington, who are an accredited employer. My husbands occupation is not on the lists either.
Thanks.
My 'partner' is my husband, who is also a UK applicant. He had already been granted a 3 year work visa with a specific employer.
I am a Clinical Academic Training manager at a uK university medical school - not an occupation on the skills shortage lists unfortunately. The job offer I received was from Capital & Coast DHB in Wellington, who are an accredited employer. My husbands occupation is not on the lists either.
Thanks.
Last edited by Charlotte68; Sep 8th 2015 at 5:40 am.
#12
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Location: Auckland
Posts: 13
Re: Was on temp work visas - Help to return to NZ
Hi Charlotte68
I will have a look at our paperwork as my husband got his visa as my partner and on my visa it clearly states I can only work in Auckland with the Employer and the Job I was given but on my husbands visa it says he can work anywhere in NZ with any Employer.
It was a joint application as I was offered a job while in the UK not even thinking about a move to NZ so it went through as Essential Skills as my Employer tried for a year to find someone in NZ with no joy.
What does the letter look like that you are looking for?
Thanks
I will have a look at our paperwork as my husband got his visa as my partner and on my visa it clearly states I can only work in Auckland with the Employer and the Job I was given but on my husbands visa it says he can work anywhere in NZ with any Employer.
It was a joint application as I was offered a job while in the UK not even thinking about a move to NZ so it went through as Essential Skills as my Employer tried for a year to find someone in NZ with no joy.
What does the letter look like that you are looking for?
Thanks
#13
Re: Was on temp work visas - Help to return to NZ
Hi Charlotte68
I will have a look at our paperwork as my husband got his visa as my partner and on my visa it clearly states I can only work in Auckland with the Employer and the Job I was given but on my husbands visa it says he can work anywhere in NZ with any Employer.
It was a joint application as I was offered a job while in the UK not even thinking about a move to NZ so it went through as Essential Skills as my Employer tried for a year to find someone in NZ with no joy.
What does the letter look like that you are looking for?
Thanks
I will have a look at our paperwork as my husband got his visa as my partner and on my visa it clearly states I can only work in Auckland with the Employer and the Job I was given but on my husbands visa it says he can work anywhere in NZ with any Employer.
It was a joint application as I was offered a job while in the UK not even thinking about a move to NZ so it went through as Essential Skills as my Employer tried for a year to find someone in NZ with no joy.
What does the letter look like that you are looking for?
Thanks
You were principle applicant and tied to the job offer . With a temp work visa there is an end date after which one would need to renew.
Your OH is given an open work visa under family stream & so could remain in a job, any job , for the same length of time as your own work visa. After which they would also have to renew.
However, the issue comes with entry and re-entry to New Zealand.
If your OH changes work , then he must let NZIS know.
They will either wish him to take up a new permit or apply for a variation of conditions.
For yourself with the open work visa, you would still need to reapply for a new visa once the expiry date becomes due.
If you both leave NZ and do not return then NZIS would see that as a visa expiry. What they would do would be to look at your OH visa dates as main applicant. See he no longer works for the specified employer and so rendering the visa invalid. As your own visa was issued on the 'back' of his, yours would also become invalid.
Last edited by BEVS; Oct 14th 2015 at 1:15 am.
#14
Re: Was on temp work visas - Help to return to NZ
The confusion here is that the OP feels she was given incorrect information about how , when and if her own open work visa would expire if her circumstances changed. Her circumstances did change as she returned to the UK so the temporary visa became invalid.
I am not sure why she didn't simply know that it would be a brand new application based on a new job offer with an accredited employer & that the way to go was to uplift a temp work visa as the main applicant with her husband this time gaining the open work visa on the back of her application.
As the employer is accredited , they should have really known the correct procedure and advised her accordingly.
I am not sure why she didn't simply know that it would be a brand new application based on a new job offer with an accredited employer & that the way to go was to uplift a temp work visa as the main applicant with her husband this time gaining the open work visa on the back of her application.
As the employer is accredited , they should have really known the correct procedure and advised her accordingly.