Information for VISA RULES

Ranvir made this Official Information request to Ministry of Business, Innovation & Employment

Response to this request is long overdue. By law Ministry of Business, Innovation & Employment should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: Ranvir

Dear Ministry of Business, Innovation & Employment,

i Have one Question regarding essential skill work visa for skill level 3 (Chemical Plant Operator).

As per new rules immigration now minimum salary 19.97 for essential skill work visa which is applied from 28 August. if we apply our visa in the start of AUG then visa officer can apply new rule on my visa file.

There is not any specific data available for this this job title. as per career nz website the combine ENERGY & CHEMICAL PLANT OPERATOR TITLE and gave minimum $50000 annual but in information they mention that working hour shift is 12 hour. which makes 60 hours per week. On salary Pay website there is not any data regarding this post.
$we always calculate salary with hours which make my salary $37440 with 40 working hours per week $56160 if we calculate $18 with 60 hours.

but if we calculate Career NZ website $50000 as per 60 working hours then it makes $16.02 per hour.

Because we met market wage rate as per old rules. which is $18 p/h and provide evidence to support that is market rate but visa office declined my application and gave the reason my salary rate is not met the w.k 3.5 w.e.f 28 AUG.

my company also provide evidence that my pay rise review is still pending after review my salary will be $20. we gave this info to visa officer around 28 AUG when he/she make concern. we provide supporting document from Trade me which is more realistic. but still they declined me.

please let me know visa office can do decline my application on the basis of new rule if we applied before that.

can i make any request to immigration to reconsider my visa file. I done too much struggle to make my career in New Zealand. now please guide me what i can do.

Yours faithfully,
Ranvir Singh

please reply me as soon as possible

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From: INZ Official Correspondence
Ministry of Business, Innovation & Employment

Dear Ranvir,

Your email looks like a complaint, rather than a request for official information.

For information about how to make a complaint to INZ, please see https://www.immigration.govt.nz/contact/....

To help INZ respond to your complaint, you will need to provide further details so we can identify you. Such information includes your:
• Full name as it appears on your passport
• Date of birth
• INZ client number
• INZ application number
• Passport number

Regards,
Fraser

Fraser Stretton
SENIOR ADVISOR

Business Management Team - Business Strategy and Governance, Immigration New Zealand
Ministry of Business, Innovation & Employment

[email address] | +64 4 896 5316
15 Stout Street, PO Box 1473, Wellington, New Zealand

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From: Ranvir

Dear INZ Official Correspondence,

Thanks of reply.

because of late application result my interm visa ended same day so now i am unlawful i went to local air ticket dealer and they told me i can make request to immigration for reconsideration if i have strong evidence to support my request. please let me know i can apply under section 61. to become lawful in New Zealand.

Yours sincerely,

Ranvir

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From: INZ Official Correspondence
Ministry of Business, Innovation & Employment

Dear Ranvir,

We may consider granting you a visa under section 61 of the Immigration Act 2009, but only in special cases. Below is some information about making such requests.

A request from a person who does not hold a visa is not assessed like a visa application. An immigration officer handling a request:
—has no obligation to consider the request
—does not have to provide any reasons for their decision to grant or refuse
—is not obligated to make any enquiries about the information the person has provided in support of the request, or about other information INZ may hold about the person independently of what was provided
—is not obligated to grant a visa of the type or length requested (for example, they can grant a visitor visa instead of a work visa), and
—is not obligated to grant a visa even if the person requesting it appears to meet the criteria for a visa under a certain category.

Each request is handled by a senior immigration officer at the INZ Manukau Area Office. There are no processing timeframes for requests.

To make a request, you should request a visa in writing and explain your circumstances as fully as possible. You should also provide any appropriate evidence to support your request. There are no mandatory documents or fees required to make a request, but you should consider providing the following:
—your personal details such as your name, date of birth and Immigration New Zealand client number so that we can identify you
—why you remained in New Zealand after your visa expired, any reasons you can’t return to your home country, or another country and apply for a visa from there
—any information about your personal circumstances, such as family and employment, that support your reasons for wanting to stay in New Zealand, and
—any information about how your presence in New Zealand can contribute to our country, particularly if you intend to stay here on a long term basis.

It is not necessary to send us your original passport.

Send your request together with your supporting documents to:

Immigration New Zealand
PO Box 76895
Manukau City
Auckland 2241

If we approve your request in principle, you must pay NZ $365 to have a temporary visa granted, and NZ $870 for each resident visa. The fee is incurred for each person granted a visa (temporary visas for a family of four people would cost $1460). If we decide to approve your request in principle and you have not given us your credit card details, we will contact you to request the fee.

If we refuse your request, you must leave New Zealand immediately. If you do not depart voluntarily, you risk being served a deportation order and being deported.

I hope you find this information useful.

Regards,
Fraser

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From: Ranvir

Dear INZ Official Correspondence,

thanks for advice, Immigration gave me one month visa with visitor condition which is only valid till 27 DEC 2017

Immigration officer clearly make following comment
Our decision on your request
We have decided to grant you short-term visitor’s visa under section 61 to enable you to test your
eligibility for a visa under the normal instructions.

My immigration lawyer said that my employer need to make advertisement on Job portal after that i can reapply for essential skill work visa, couple of days ago i contact my employer and request for advertisement and My manager and HR told me its illegal to advertise. do yo able to provide me any document so i can show them its legal. They said they are going to terminate my contract because i am not able to get work visa.

Please help me they ask me to come on This Tuesday so they can terminate me. Now they just ended my career.

please guide me is there any way so that immigration can extend my visa so i can apply for other job. or guide me waiting for your reply
Yours sincerely,

Ranvir

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