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Thread: Work permit application problems!

  1. #1
    sbonham is offline Junior Member
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    Default Work permit application problems!

    I wonder if anyone here can help me out with this?

    I'm currently applying for a work permit here in NZ, in essence, it's an upgrade to my current WHV.

    I have been offered a full time post with my current employer and have all the necessary skills and ability for the role. It's a demanding, multi disciplinary role that requires a lot of technical skill and dedication. I had four interviews to get the job in the first place, while over seas and had a good number of local candidates as competition for the role.

    So I applied for a work permit at the beginning of August this year and it's taken the FULL 45 days just to be assigned to an immigration case officer despite, as recommended by immigration themselves, a faxed letter requesting an swift processing due to the companies work load. Frankly this was ignored.

    I have had to phone almost daily in the hope that someone could or would tell me what was happening. Even then it about a week of dismissive replies from call centre staff before I finally found out who was dealing with my application, after the fact it had been assigned.

    Of this 45 days, I could only continue to work on a short term contract basis for 20 days. I have been unable to work since, to my and my employers annoyance.

    During this time, I was told all applications now have to be submitted to a labour market check, the result of which has been returned implying there are either residence that have or can be trained to do my roll.

    This makes no sense as they know it's a role I currently have.

    My employer highly disagrees with this labour report assessment but the letter I received asking for my employer to comment on this labour report, is worded in such a manner that frankly only a Kiwi could be employed.

    So, the company offered me the job and wish to continue employing me.

    I'm skilled and proven in the job above many of my kiwi colleagues.

    But because I'm not a resident or national, my employer is having to reply to an imposable catch 22 letter to justify themselves.

    Meanwhile, I can't work and am loosing money on renting.

    To make matters worse, I am hearing stories of other non kiwis having no issues with their permit application. Some not even being subject to this labour market report when they are clearly in role where there are easily a number of currently unemployed and available kiwis. Some have even had their permits returned, no problems in under a week!

    Is anyone else having major problem with immigration red paper and paper exercises?

    How have you coped and resolved things?

    Thank you in advance for any help you can offer.

  2. #2
    MotherBear's Avatar
    MotherBear is offline The missing link
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    It does look as though you are having a rough ride. INZ have certainly clamped down on temporary visas since the country has been flooded with kiwis returning from overseas after losing their jobs in the recession. When it comes to jobs, priority is now being given to them, presumably in the hope that they will stay put in NZ rather than wander off back abroad when the recession is over.

    I'm afraid it looks like the onus is on your employer to fight your case, as it is down to him to prove that a kiwi can't be found to do the job or isn't willing to do it.

    I have a job offer from a New Zealand employer

    If you have a job offer from a New Zealand employer and do not fall under one of the policies for specialist workers below, you may apply under the Essential Skills work policy. The employer will need to show that no New Zealand citizens or residents are available to do the job, either by:

    *showing that the job is included in one of the Essential Skills In Demand Lists; or
    *providing evidence that they have genuinely tried to find a New Zealand worker to fill the position.

    In addition, you must be appropriately qualified by training or experience to take up the position. See the full list of requirements.


    From here.

    Maybe you have a case officer who is particularly awkward about this situation for some reason, especially if you know of others who haven't had such problems. I don't know if it's an option to ask for someone else to take over your case.

    Sorry, not much help, but it might benefit you if you can persuade your employer to look again at the case for keeping you. Persistence sometimes does pay off and maybe someone at INZ will suddenly realise that the guy really does want you working for him.
    Mother Bear

    Try to bloom wherever you are planted.

  3. #3
    sbonham is offline Junior Member
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    Default Update...

    After a seemingly lengthy and very costly, pointless exercise in red tape, I've been granted a work permit for one year.

    My skills, education and experience are all by immigrations own definition, of a high caliber yet I've been treated as if I were quite the opposite.

    I would advise anyone applying for a permit to know your case inside and out and how to present your application in 'immigration' language.

    Read the policy documents online and find references to sections that support your application irrefutably as they will sure as hell be looking for section of their policies that oppose it.

    Next stop, an application for residency, wish me luck.

  4. #4
    MotherBear's Avatar
    MotherBear is offline The missing link
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    What a shame that you have been treated so shoddily, but good to know you got there in the end albeit at a price.

    Good luck for the rest of it.
    Mother Bear

    Try to bloom wherever you are planted.

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