[printman]

Hello all,

We're in a pickle and we hope folks can help out. We had our phone interview in the final stages of our ITA process and just received word that we will not be receiving our permanent residence visa but rather a work to residence visa. This was a major blow and is essentially an unworkable option for us. I was the primary applicant (I am a professional artist) and they obviously didn't like my chances. I applied as the primary applicant because I was able to get more up front points. We both were over the 140 point threshold as primary applicants but it was easier for me to apply and we had more points. My wife is a registered nurse and in retrospect would have been a better primary applicant but she was in the process of getting her NZ nursing license (which makes her ineligible to apply as the primary). We were told that we have to reject the work visa if we don't want it and then go through an appeals process. Does anyone have any experience with an appeal? How difficult and expensive is it to reapply with my wife as the primary applicant (if this is an option at all)? Any and all advice is welcome. Incidentally, we are intending to arrive in NZ August - September of 2009 so we have a bit of time to work this out. We also have two small kids and we don't want to put ourselves in the rather tenuous situation of looking for work with a less than sure path to residency. Thanks in advance for your advice.
Mike, Cara and the gang.

[NZ Hopeful]

Can't help unfortunately, just wanted to wish you the best of luck in getting it sorted. :)

[Flutterby]

i hope somebody comes along with some good advice, we are aiming to arrive in NZ about the same time as you!

[skibumwa]

Can your wife get a job as a nurse despite not being a registered NZ nurse? If yes, the move down here on your work visas then slowly work the PR process. If your wife can get a job in a high demand area such as nursing despite not being registered then you are set until you can earn your PR. Is your work visa a 12 month or 30 month WTR Visa?

John

[printman]

Thanks folks,

Our visa is a 12 month work to resident. This totally messes up our timeline (we were hoping to save some more money and have made some job commitments that would be really hard to get out of) so I don't know if following this path is feasible but it might be our only option. We could just decline the WTR path and appeal but this sounds risky. Any more thoughts?

Mike and Cara

[Moorf]

Might be worth getting some info from the many nurses/medical staff on the forum as you may be able to spare yourself the potential cost and stress of an appeal by coming on WTR with your wife able to work here and apply for PR during that time.

It appears the fee for an appeal is $700, not too hefty if you're still on UK Pounds!

However, I'm a bit confused having read the Residence Review Board website where it states (and someone please correct me if I'm reading this wrong..)

Source: http://www.residencereviewboard.govt.nz/Pages/RES_Lodging_an_appeal.aspx

Who can appeal to the Residence Review Board?

See section 18C of the Immigration Act.

Any person whose application for a residence visa or permit has been declined by a visa officer or immigration officer can appeal to the Residence Review Board.

However, the Residence Review Board has no authority to consider an appeal in respect of:

(a)


any refusal or failure of the Minister or a visa officer or an immigration officer to issue an invitation to apply for residence; or

(b)


an application, from a person who has been invited to apply for residence, which is declined and a ground for the decision is that the Minister or officer is satisfied that the person:


(i)


whether personally or through an agent, in expressing his or her interest in obtaining an invitation to apply for residence submitted false or misleading information, or withheld relevant information that was potentially prejudicial to the person; or


(ii)


did not ensure that a visa officer or immigration officer was informed of any material change in circumstances between the time of expressing interest and the time of the person's application for the relevant visa or permit; or

etc etc...

So, it seems to say anyone can apply for an appeal but then says they have no authority for "any refusal or failure of the Minister or a visa officer or an immigration officer to issue an invitation to apply for residence" :uhoh

[printman]

Thanks for the info on the appeals process. The problem for us with the WTR route is timing. This may sound picky but my wife and I have made some work commitments that would be very difficult (in a burning some bridges kind of way) to get out of.
Our original plan was to get our permanent resident visa which gives us a year to travel to NZ. We would then wait for about nine months until August-September of 2009 during which time we would get our affairs in order (ie rent out the house, save money, ship some stuff, look for and hopefully line up jobs in NZ) and then head on over. With the WTR path the absolute latest we could go over would be March of 2009. I teach at a few colleges around town and have classes until at least June. I was also hoping to teach an abbreviated summer schedule to save up a few more bucks. Does anyone know if you can reapply? My wife is a nurse and since she is a more traditional job holder and income earner it would be nice to get her switched to the primary applicant. It would be startlingly good fortune if we could finagle our existing application to reflect this. This really sucks.

Mike and Cara

[SNK05]

Hi Mike

Has Cara received her NZ Registration yet? Nurses are very, very much in demand in NZ and many DHB's are prepared to wait and hold jobs open. For example, I was successful in an application in April of this year and the DHB have held the post for me [We're not there yet!]

Putting your 'committments' aside, if Cara could secure a post and you could get over there, the job and the fact that you are in NZ would increase your points. Could you then start the PR application again with Cara as the main applicant? Would that be feasible? It's likely that doing it that way would cost more, going by the $700 appeal cost but wouldn't necessarily rule it out. I would have thought that you would get PR on the basis that you were out there, working etc.

Good luck in whatever you decide to do

Sue n Kev
xx

[printman]

SNK05

Thanks for your reply. I like this idea a lot. If there is some way that immigration will grant us an extension so we could arrive in NZ in July instead of March (furthest date out as of this moment) then this might be a route to pursue. Anybody have any information on granting extensions for WTR visas?

Thanks so much

Mike and Cara

[IanW99]

SNK05

Thanks for your reply. I like this idea a lot. If there is some way that immigration will grant us an extension so we could arrive in NZ in July instead of March (furthest date out as of this moment) then this might be a route to pursue. Anybody have any information on granting extensions for WTR visas?

Thanks so much

Mike and Cara

Are you sure that you have got till March to arrive? I was under the impression that for this type of WTR you had a maximum of 3 months to enter NZ.

There have been others on the forum who have had exactly the same problem and did there best to try to obtain an extension but were refused.

Best suggestion would be to talk to your CO to see what they would advise.

Ian

[printman]

Quote: Are you sure that you have got till March to arrive? I was under the impression that for this type of WTR you had a maximum of 3 months to enter NZ.


From my understanding we have 3 months to accept the WTR invite and then three months to actually enter NZ from the date of our acceptance. Does that sound right?

[IanW99]

Quote: Are you sure that you have got till March to arrive? I was under the impression that for this type of WTR you had a maximum of 3 months to enter NZ.


From my understanding we have 3 months to accept the WTR invite and then three months to actually enter NZ from the date of our acceptance. Does that sound right?

Sorry, yes I was assuming that you had got the WTR. If not, then yes you have three months to accept the WTR and submit any additional documents etc that they require for the WTR application.

On receipt of the WTR you have 3 months to enter NZ.

I suppose one question would be that if you handed everything in on the last day, then how long would it actually take them to process it, but doubt that it would be more than a few weeks?

Ian

[NikT]

There have been others on the forum who have had exactly the same problem and did there best to try to obtain an extension but were refused.

Ian

You can get an extension to WTR, but you need to be onshore (in NZ) to do so.
And even then you need a good reason for the ext.

Nick.:cheers

[IanW99]

You can get an extension to WTR, but you need to be onshore (in NZ) to do so.
And even then you need a good reason for the ext.

Nick.:cheers

But which type of WTR are you talking about?

Is it the one when you apply for a PR but they give you a WTR instead?

With this type, if you were in NZ at the time then surely you would just be granted the PR?

Ian

[NikT]

But which type of WTR are you talking about?

Is it the one when you apply for a PR but they give you a WTR instead?

Ian

Shoud have made it clearer, PR but get WTR instead.
You can be granted PR instead of an ext, but with section 18A reqs.
Or another work permit, depending on circs, so you can do your 3 months in work req, as happened to us.:exit

Nick.:cheers