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Work-to-Residence Visa agonises Charlie

Kamil Lakshman

Kamil LakshmanCharlie Prasad (not his real name) was very excited at the invitation of Immigration New Zealand INZ) to apply for residence in New Zealand.

He lodged his residence application with anticipation and excitement.

But he was granted a ‘Work-to-Residence.’

His excitement still did not dampen. He told everyone in his native India, “My wife and I will quit our jobs, sell our house, pull our children out of their school and settle down in New Zealand. What a beautiful country!”

That was almost three years ago.

Worst mistake

Some of his friends were not amused. They thought that he was making the worst mistake in his life and warned that he could fail.

Even after Charlie and his family left India, they expected him to grow out of ‘this migration thing’ and return home within a year.

But Charlie was strong-willed and was keen to prove them wrong.

Failure was not an option. He knew they could not wait to smile in glee when he returned, as he would have no home, money and job. He would be broke financially, morally and emotionally and embrace embarrassment.

Harsh realities

New Zealand was everything he thought it was. The children started school.

What was not anticipated, as no one had told him, was the struggles associated with finding a job. He never thought that it would be almost impossible. Finding a job was always a challenge even in India. New Zealand employers considered him over-qualified, lacked New Zealand experience and had a strange accent.

It was an emotional rollercoaster; one day he was close to getting a job and the next day he received a phone call or ‘Dear John’ letter.

He soon realised that along with his weakening resolve, the strong New Zealand dollar was eating into his savings.

Then, the implication of Work-to-Residence hit him. He realised to his horror that if he did not find a skilled job within nine months of his arrival in New Zealand, his stay in the country would be in jeopardy.

Desperation set in, but in the final hours, he managed to get a job offer.

INZ took an incredibly long time to process his application for a work permit and after a year, asked him to obtain confirmation from the potential employer that the job offer remained valid.  He complied and waited for another six months. INZ did not respond but the employer withdrew the offer.

Uncertain future

Charlie was lucky to receive another job offer and get a work permit valid for one year.

Three years on, he is still in limbo land. His wife returned home and his daughters followed since they could not afford the cost of education as ‘foreign students.’

Indian Newslink referred Charlie’s case to me.

This is not an isolated migrant story. There are many who are in the same predicament.

The Idesi Legal office has rescued many families from such disastrous circumstances, thus avoiding the predictions and maliciousness of friends from becoming true.

They are now happy New Zealand residents, going on to become respected members of the community and contributors to the New Zealand society.

INZ has time and again proved its myopia by assessing someone’s skills purely on the basis of a job offer. This is one of the fallacies of the current Skill Migrant Category.  It is divorced of anything else one may have on offer.

If Charlie needs my help, I will be happy to talk to him.

Kamil Lakshman is a Lawyer & Principal of Wellington based law firm Idesi Legal Limited. She can be contacted on (04) 4616018 or 021-1598803. Email: kamil.lakshman@idesilegal.co.nz; The opinions expressed in her article above are her own and not that of Idesi Legal Limited or the New Zealand Law Society, or its Wellington Branch, or its affiliated bodies and committees or Indian Newslink. Readers can send their comments (names can be withheld from publication on request) to

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