2014-Mar 28: Work to Residence applications replaced by Essential Skills applications

Visa Pak 154: Information for staff to follow when changing at Work to Residence application with an Essential Skills application.

Visa Paks

28 March 2014

Work to Residence applications replaced by Essential Skills applications

This advice is to clarify the process within offices when replacing a work to residence (WTR) visa with an essential skills (ES) work visa.

Please follow the process set out below when an applicant applies for a WTR visa (LTSSL or Accredited Employer) and it appears that the applicant does not meet WTR instructions but may wish to test their eligibility under ES instructions. This will ensure a consistent approach within all INZ office.

Process for replacing a WTR (LTSSL or Accredited Employer) visa application with an ES work visa application

This process must be followed if you wish to a give a WTR applicant the opportunity to test their eligibility under ES instructions where it appears that the applicant does not meet WTR requirements i.e. job offer, qualifications and/or work experience does not meet LTSSL requirements or the employer does not have accreditation.

The applicant must be sent a PPI letter advising them that they may not be eligible under the WTR category but advising that they may instead apply for a work visa under the ES category.

Immigration officers can speak with the applicant to discuss the situation, however, written correspondence must also be sent to the applicant. This is to ensure the applicant clearly understands that once a work visa is issued under the ES category there will be no pathway to residence.

PPI Letter

Please ensure the following information is included in the PPI letter.

  • Note clearly that a full assessment has not been completed on the WTR application, that an initial assessment of only the job offer, work experience/qualifications and/or employer accreditation has been completed;
  • Note that after the initial assessment the applicant may not be eligible for a WTR visa. List the reasons for this;
  • Note that the applicant can provide evidence to demonstrate they do meet WTR visa instructions;
  • Advise that they may instead apply for a work visa under the ES category. Include ES instructions;
  • Note if they wish to be considered under the ES category, that INZ can replace the current WTR application with an ES application and a fee waiver for the ES application will be considered;
  • List further information that is required in order for INZ to complete a full assessment of the ES work visa application e.g. evidence of advertising or employer supplementary form, qualifications/work experience etc.; and
  • Clearly note that an ES work visa has no pathway to residence. Stating they will not be able to apply for residence based on their holding an ES work visa.

AMS

If the applicant confirms in writing that they wish to replace their WTR visa with an ES visa and acknowledge that they understand this will mean they have no pathway to residence, replace the WTR visa in AMS using the ‘replaced by another application’.

Consider waiving the fee under "Waive Fee – Administrative, Associated Application”. The applications must then be linked. Full details of the rationale for the Fee Waiver must be recorded in AMS. For more details on Fee Waivers see IAC 10-06.

Make clear notes in AMS that the applicant has requested that their application be assessed under ES and that they are aware there is no pathway to residence under this category.
If the applicant would like to continue with their WTR application continue with a full assessment of the application and approve/decline as appropriate.

Action

Please follow the correct process when replacing a WTR visa with an ES work visa. Ensure written correspondence is provided to the applicant regarding ES instructions.