영주권 발급 이전 비자 만료
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08/05/2020. 13:36
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이민/유학
안녕하세요,
영주권 신청은 2018년 말에 넣었고 2019년 2월에 2019년 11월 15일까지 영주권 심사가 완료될거란 메일을 받았었습니다.
1년 넘게 기다리던 상황에서 코로나로 언제 과연 오피서가 배정될지 알 수가 없게 되었습니다.
듣기로 락다운이 풀려도 당분간은 워크비자를 가장 우선으로 처리할 거라고 하던데요.
문제는 현재 워크비자가 내년 2월 28일로 만료가 되는 상황입니다.
영주권 신청자는 인터림 비자를 신청할 수가 없다고 들었습니다.
11월까지 기다리다가 계속 지체가 되면 워크비자를 새로 신청하면 되겠으나,
문제는 현재 회사에서 이직을 심각하게 고민 중인것이 문제가 되네요.
회사에 워크비자 지원을 부탁하고 영주권 나오는데로 이직을 한다는게 너무 말도 안되는 행동인 것 같습니다.
여기서 질문을 드리면,
1) 영주권 신청자가 워크비자가 만료된 상황에서 체류할 방법이 있을지 하는 것입니다.
2) 현재 직장을 잃은채로 체류하게 되면 신청했던 EOI와 내용이 달라지기 때문에 신청서 자체가 무효가 될까요?
다만 이 경우 영주권 심사과정 자체가 2년이나 미뤄진 상태이기 때문에 감안될 부분은 없을지 싶습니다.
3) 혹시 해밀턴에 계시는 이민변호자분이 계실까요? 글 외에도 자세하게 상담 받고 싶습니다.
감사합니다.
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Comment
DavidFisher 118.♡.22.76
Hi there,
This is unfortunately a really common problem these days. In fact it was too common also before Covid-19. So many residence applications have been delayed because of INZ under-staffing and this has been made worse by the fact that there has been a large number of applications in the past few years. I will try to answer your questions as best as I can, but please forgive me as I can read Korean but I cannot type in Korean.
1. You must hold a temporary visa at all times. While you are awaiting the outcome of your residence application, you can request an extension of at least 12 months under WK3.20.10 in the immigration operational manual. For this your employer does not need to advertise the position. Normally this would be the most straightforward solution to make sure you can keep working.
2. If you are going to change your employment then you should make sure the new job also meets the criteria for your EOI and residence application. As long as you have an appropriate visa for that job, then you can start working in the new job and you will need to inform INZ about this for the residence file. Unfortunately, it means that the residence visa officer will need to start the assessment again from the beginning, based on the new job. There is no special exception for your case only because of the processing time. This is really frustrating but unfortunately that is how the system works. You may wish to consider staying in your existing job until the residence is approved. This decision should be made carefully based on all factors of your situation.
3. There are a number of immigration advisers and lawyers in Hamilton who may be able to help you. I would also suggest that you consider finding a good representative regardless of location, eg Auckland or Wellington where there is more choice. You can meet via video call and discuss all details over phone and email. If you only restrict yourself to those who are in Hamilton then you may not find the right advice. Most of the best immigration professionals are located in Auckland and Wellington.
I hope this helps. Everyone is experiencing this frustration and delay these days so I hope you can resolve the issue.
As usual I would also always advise you to contact a professional for advice to discuss your unique circumstances. Good luck.
David H Fisher
Director/Immigration Law Specialist
Immigration Chambers
www.immigrationchambers.co.nz
david@iclegal.co.nz
092189991
This is unfortunately a really common problem these days. In fact it was too common also before Covid-19. So many residence applications have been delayed because of INZ under-staffing and this has been made worse by the fact that there has been a large number of applications in the past few years. I will try to answer your questions as best as I can, but please forgive me as I can read Korean but I cannot type in Korean.
1. You must hold a temporary visa at all times. While you are awaiting the outcome of your residence application, you can request an extension of at least 12 months under WK3.20.10 in the immigration operational manual. For this your employer does not need to advertise the position. Normally this would be the most straightforward solution to make sure you can keep working.
2. If you are going to change your employment then you should make sure the new job also meets the criteria for your EOI and residence application. As long as you have an appropriate visa for that job, then you can start working in the new job and you will need to inform INZ about this for the residence file. Unfortunately, it means that the residence visa officer will need to start the assessment again from the beginning, based on the new job. There is no special exception for your case only because of the processing time. This is really frustrating but unfortunately that is how the system works. You may wish to consider staying in your existing job until the residence is approved. This decision should be made carefully based on all factors of your situation.
3. There are a number of immigration advisers and lawyers in Hamilton who may be able to help you. I would also suggest that you consider finding a good representative regardless of location, eg Auckland or Wellington where there is more choice. You can meet via video call and discuss all details over phone and email. If you only restrict yourself to those who are in Hamilton then you may not find the right advice. Most of the best immigration professionals are located in Auckland and Wellington.
I hope this helps. Everyone is experiencing this frustration and delay these days so I hope you can resolve the issue.
As usual I would also always advise you to contact a professional for advice to discuss your unique circumstances. Good luck.
David H Fisher
Director/Immigration Law Specialist
Immigration Chambers
www.immigrationchambers.co.nz
david@iclegal.co.nz
092189991