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[请教] SFV require $23.59 minimum salary according to INZ?

 dukedu 19/Sep/17 New Zealand
 1498  1
dukedu楼主 19/Sep/17 New Zealand
正文
Thank you for your application for a work visa - Silver Fern Practical Experience.
We received your application on 28 August 2017.
Our assessment of your application
We have completed an assessment of your application and have identified the
following issues which may have a negative impact on the outcome of your
application:
 It appears that your offer of employment is not genuine, sustainable and
compliant with all relevant legislations.
 It appears that you do not meet the skilled employment requirement
under relevant instructions.
Market rate
In accordance with Immigration instructions W2.10.10 (as attached), to
determine whether an offer of employment is genuine and sustainable, and to
ensure that the objective of work visa instructions at W1(b)(iii) is met,
immigration officers may consider whether the salary or wages offered meet the
New Zealand market rate.
The employment agreement provided states that you have been offered an
annual salary of $43,000, this equates to an hourly rate of $20.67 per hour
based on a 40 hour of work per week.
According to information available publicly on www.careers.govt.nz / MBIE
Occupation Outlook 2017 http://occupationoutlook.mbie.govt.nz/service-
industries/human-resource-professionals/, the average wage for Recruitment
Consultant is between $49,000 and $90,000 per annum, thus we are not
satisfied that your wage meets the market rate.
Based on the information provided, we are not satisfied that Immigration
instructions W2.10.10 and WK2.10 (as attached) have been met.
Skilled employment requirement
In order to be granted a Silver Fern Practical Experience visa, applicants must
hold an offer of skilled employment. For the purpose of these instructions, skilled
employment is employment which would be assessed as skilled under the Skilled
Migrant Category (SM6.10).
Assessment of whether an occupation is skilled for the purposes of the Skilled
Migrant Category (SMC) is primarily based on the Australian and New Zealand
Standard Classification of Occupations (ANZSCO) which associates skill levels
with each occupation.
We note you and your employer informed that your position is a substantial
match to the ANZSCO occupation 223112 Recruitment Consultant which is a skill
level 1 occupation.
Under SM6.10.5 Current employment in New Zealand or an offer of employment
in New Zealand will be assessed as skilled if the occupation is described in the
ANZSCO as: a skill level 1, 2 or 3 occupation and the remuneration for that
employment is $23.49 per hour or above (or the equivalent annual salary).
Based on available information, as your wage is less than $23.49 per hour, it
appears that your offer of employment does not meet the requirement as skilled
employment. Therefore you do not meet the requirement for Silver Fern
Practical Experience under relevant instructions (See attached).
As the issues detailed above may affect the outcome of your application, we are
bringing them to your attention out of fairness to you.
We have not made a decision on your application at this stage. This letter gives
you the opportunity to make any comments and submit any additional evidence
or information in relation to these issues.
You may provide further information by 26 September 2017
Any comments or further information must be provided to this office by 26
September 2017.

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Repliers (1)
Jack LiuL9 20/Sep/17 Intranet
沙发
移民局已经于28 August 2017日收紧了银蕨签证的相关要求,之前有关银蕨的一些旧政策已经不适用。我注意到上面CO给你的信里面,提到是28 August 2017收到你的申请,所以你提交的申请非常不幸是按照新标准来审理的,移民局28号对银蕨政策更新的内容主要就是针对Skilled employment这一块,一是提出时薪作为是否技能的依据,其次是提出对雇主的信用要求等等。

目前你的情况会比较被动,就目前的政策而言,其中第一点CO说你的工作not genuine,这个是比较容易解释的;但有关时薪的要求是硬性规定,所以没有回旋余地。

我个人觉得这种情况下:

1、首选应该是先和雇主联系,把你在移民局这边发生的情况和雇主沟通一下,看看对方是否有什么建议,能否能重新拟合同提薪以符合移民局的新政,这是上上策,对各方都有利。

2、如果提薪没有可能,而你现在手上的签证时间还比较冗余,可以考虑再重新找工作。能符合银蕨签证申请条件,资历都不会差,如果有工作经验,那么在找工作时,雇主开出的时薪要能达到23.49,这个要求是很合理的。

3、如果提薪没有可能,但雇主又比较有诚意挽留你,并承诺将来可以提薪,同时你现在手上的签证时间不足以支持你重新再找工作,那么可以撤回现在的这个申请,重新提交尝试申请Essential Skills visa,目前的政策申请Essential Skills visa时薪要求是$19.97,并且时薪在这个签证类别下是被定义为中等技能的,只要雇主能配合你打招聘广告(走LMT程序),可以批下来,签证时间最长有3年。

以上仅供参考。
dukedu楼主 (27/Sep/17, New Zealand)

@Jack Liu: Thank you Jack, my employer has agreed to raise my salary, I have submitted the new contract to INZ, still waiting for the final result.

@TA
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