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Thread: Who is right: case officer or myself?

  1. #1
    taless is offline Junior Member
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    Default Who is right: case officer or myself?

    Hi all,

    I am facing some problems after receiving my ITA.

    Background: a UK graduate (doctor) who is undergoing my 1st year of hospital training. I will be moving to NZ this Aug after my 1 year of internship (ends late Jul) to work in NZ.

    Now my case officer, who is otherwise a very kind & helpful person, told me that my Approval in Principle can only be granted after late Jul (ie after I have finished my whole year of training).

    She told me the reason is that based on ANZSCO, I need 1 year of work experience.

    In my opinion, my hospital employer in NZ would not have offered me this employment if they did not feel I would have the required work experience by the time of employment. MCNZ has also no problems with giving me provisional registration now.

    Furthermore, when I am in NZ, I will have to be with the employer that I listed in my EOI for 3 months, otherwise my SM visa would have been invalid isn't it?

    Is the case officer right in saying that my approval cannot be granted before end July? If I would like to ask for a senior review, how do I do that? Thanks for any advice! :)

  2. #2
    jpegan Guest

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    I think the case office is right: they need to work within the letter of immigration law. From my experience, other organizations--including other parts of government--don't always comprehensively understand these requirements.

    Besides, it makes sense: you could be approved in principle today, be fired, made redundant or quit your job, and not complete the year.




    Quote Originally Posted by taless View Post
    Hi all,

    I am facing some problems after receiving my ITA.

    Background: a UK graduate (doctor) who is undergoing my 1st year of hospital training. I will be moving to NZ this Aug after my 1 year of internship (ends late Jul) to work in NZ.

    Now my case officer, who is otherwise a very kind & helpful person, told me that my Approval in Principle can only be granted after late Jul (ie after I have finished my whole year of training).

    She told me the reason is that based on ANZSCO, I need 1 year of work experience.

    In my opinion, my hospital employer in NZ would not have offered me this employment if they did not feel I would have the required work experience by the time of employment. MCNZ has also no problems with giving me provisional registration now.

    Furthermore, when I am in NZ, I will have to be with the employer that I listed in my EOI for 3 months, otherwise my SM visa would have been invalid isn't it?

    Is the case officer right in saying that my approval cannot be granted before end July? If I would like to ask for a senior review, how do I do that? Thanks for any advice! :)

  3. #3
    Cliff's Avatar
    Cliff is offline Oh Masterful One
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    The case officer always wins unless you go to court and get it overruled, very long and expensive process.
    Cheers

    Cliff

    Nelson, New Zealand
    NZ Citizenship in 2000, been in NZ 15 years now
    Arrived NZ in 1997 from Las Vegas, Nevada, USA

    "New Zealand isn't just a physical place it is a state of mind."

  4. #4
    taless is offline Junior Member
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    Thanks for the very helpful replies above!

    Cliff: I definitely won't, no intention of turning this thing sour. After all just having a few exchanges with her I know she is an extremely good officer.

    The most i'll try and do is to offer her my interpretation of the ops manual (mainly the issue of 'or' vs 'and') and how the SMC's rule (of having to work with the company that I have the job offer) would have been a protective layer.

    Otherwise l'll have to think of a few things:
    1. Does INZ in NZ offer urgent work visa apps?

    2. Anybody familiar with transferring ITAs between branches? It looks like my forms will be submitted to London for processing, but I will have left the UK before the whole process is completed (eg the issuance of the visa).

    Thanks for any opinions or past experiences again! :)

  5. #5
    Cliff's Avatar
    Cliff is offline Oh Masterful One
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    Tales

    I might suggest a different approach. Ask your CO do you have any options that they know of. They know all the rules and they grey areas. Don't fight them or cause them to go on the offensive , get them to help.
    Cheers

    Cliff

    Nelson, New Zealand
    NZ Citizenship in 2000, been in NZ 15 years now
    Arrived NZ in 1997 from Las Vegas, Nevada, USA

    "New Zealand isn't just a physical place it is a state of mind."

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