[zardell]

OK...........lets open another can of worms......

As you may have gathered, my question(s) / fears relate to the Skilled Migrant Category and the process that is used by NZIS to determine whether an applicant should be awarded PR or WTR, so enough pussy-footing around - here goes........

Have a look in the NZIS operations manual (its on their website) and go to section SM20.

In there it states that if an applicant has demonstrated an ABILITY TO SUCCESSFULLY SETTLE IN AND CONTRIBUTE TO NZ, then PR may be offered. ( a job/ job offer is a contributory, but not a necessary factor)

If however,an applicant has demonstrated that they can REALISE THEIR POTENTIAL TO SUCCESSFULLY SETTLE IN AND CONTRIBUTE TO NZ then WTR may be offered. (I take that to mean that the applicant has currently no job offer)

Now, is it just me, or do others find the wording of that ruling slightly ambiguous ?

If having a job or the offer of a job is an important contributory factor in the decision making process, then shouldn't the flexibility that PR would give an applicant in order to obtain the RIGHT employment once in NZ also then be taken into consideration?
Maybe it is taken into consideration - I don't know, but its because I dont know that I find this whole 'deferral to WTR vs. PR' decision process quite daunting.

How does the all important Decision Maker arrive at his/her decision?
Is that decision negotiable?
On the assumption that an applicants ITA checks out ok, how important is your Case Officers opinion in regards to your telephone interview?
Is the telephone interview the final crux of the decision?
If so, what if my CO doesn't like the sound of my voice?
And so it goes on......

Thoughts on a post card please........

Julie
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[Hannah]

Hi Julie,
I can't answer these questions as i'm here in NZ on a visitor visa at the moment and haven't even submitted an EOI yet. However, I get the impression that the changes to the skilled migrant category mean there is an even greater emphasis on getting a job (to even get selected from the pool in ther first place, let alone demonstrate an emphasis to settle). I take it that those with less than 140 points and no job offer will only be selected if 'enough' (as determined by NZIS or by no. of other applicants applying WITH jobs) places are left. (Apologies to others if i've interpreted new rules incorrectly???). I'm assuming that WTR would only be issued to those with 140 points or more and no job offer, or those with less than 140 points and no job offer lucky enough to be selected. Whether those without job offers ever get residence without a job offer I have no experience of, but i get the feel that job offers are even more important in the current climate. As for those already selected and with ITA's, again i have no experience of this personally. I have an interview in 3 wks time and feel my application personally rests on the success of this! No pressure eh!

[tigerlily]

I found this information in Amendment Circular No. 2005/12 that I downloaded from this page:
http://www.immigration.govt.nz/migrant/general/generalinformation/news/SMCDec05Changes.htm

I think it's helpful in spelling how how they decide what to give, a WTR or PR. I'm hoping that face to face interview can be a phone interview instead!

SM20.10 Assessment of whether a principal applicant* can realise their potential to successfully settle and contribute

a. Assessment of whether a principal applicant* can otherwise demonstrate an ability or can realise their potential to settle in and contribute to New Zealand will be based on:
i information obtained during a formal face-to-face interview with the principal applicant* and other family members included in the application; and
ii all other information contained in the application for residence; and
iii any further verification of the application (including information provided at interview).

b. That assessment will include consideration of the following factors:
i employment prospects;
ii familiarity with New Zealand and preparedness for settlement of the principal applicant* and, where relevant, the partner and dependent children included in the application; and
iii linkages and support in New Zealand, through networks and family.

c. If a visa or immigration officer assesses that a principal applicant* has not demonstrated the ability to successfully settle and contribute but can realise their potential to successfully settle in and contribute to New Zealand:
i a decision on their application for residence will be deferred for a period of up to six months; and
ii the principal applicant* will be eligible for the issue and/or grant of a work visa and/or permit (subject to the requirements of WR6 being met) to enable them to realise their potential by establishing themselves in skilled employment (see SM7) in New Zealand.

d. The deferral period of six months may be extended on a case by case basis, for a maximum additional period of three months, where the principal applicant* has an offer of skilled employment but requires a further work permit to meet the three-month requirement set out at SM20.15(a).

e. Where, following a further assessment, a principal applicant*, despite not meeting the requirements of SM20.5(a), is assessed as having a high potential to readily obtain skilled employment in New Zealand, they will be assessed as having demonstrated the ability to successfully settle in and contribute to New Zealand. Where this occurs, subject to meeting other relevant requirements, the principal applicant* and their family members included in the application, may be issued and/or granted residence visas and/or permits.

f. If a visa or immigration officer determines, as a result of the further assessment, that a principal applicant* has not demonstrated they can realise their potential to settle in and contribute to New Zealand, their application for residence in New Zealand under the Skilled Migrant Category will be declined.

g. If (c) above applies, but a work visa and/or permit is not issued and/or granted, the application for residence will be declined.

[zardell]

Hannah.

Good luck with your interview - I'm sure you will be fine and things will work out just as you hope.


Tigerlily.

Thanks for that - heres hoping we fall under category e.

Julie

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[Cardy]

Hello Julie
I didnt think i would get permanent residence as i didnt think my work was that skilled (Production Manager) Also i didnt have a job.Still dont have one ,havent accepted any yet. Also i thought i only had 100 points ,the bare minimum but i was wrong on that i had 120 ,one of my qualifications was worth more than i understood. At the interview just try to mention company names that have expressed any kind of interest even if it was only "come and see us when you arrive." I did go to see all these when i went to NZ and had several offers.
Good Luck keep Going wont be long to that interview now
Paul Bev and Kids :D

[zardell]

Cheers Paul and Bev.

That was just the kind of response I was looking for.

I have to say that I am a bit of a pessimist - I tend to evaluate the worse scenario and then if it happens I'm prepared.

I know that WTR can technically be of 9 months duration (allowing for the extra 3 months if needed) and in reality that should be plenty of time, but I feel that the old 24 month period alleviated the pressure. Pressure from possibly having to make rash decisions relating to employment and housing issues and also it made allowances for the individuals freedom of choice.

Anyway, there's nothing we can do about it now and as you say, we will just 'keep going' - not backing out now.

Would be interesting to know how many of you out there were awarded WTR when you were expected to be given PR and why you thought that happened. Does NZIS give you a reason to back up their decision ?

Julie

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