在新西兰
申请工签，被要求写解释信，下面是要解释的问题，希望有经验的朋友给点建议。谢谢
(01) No satisfactory evidence of genuine attempts by your employer to recruit New Zealand workers
It appears that you may not meet the criteria for a work visa under the Essential Skills category because there may be New Zealand citizens and residents available who are capable of filling the position being offered to you.
As part of work visa applications under the Essential Skills instructions we need to undertake a labour market test to see if New Zealand citizens or residence class visa holder workers are available to take up the position offered to you. If the results of the labour market test show that New Zealand workers are available to take up the position offered to you, a work visa application will normally not be approved. (see attached WK2.5, WK2.15, WK2.10 & WK2.10.5 Immigration instructions)
We refer you to Immigration NZ Instruction WK2.5(b)(ii) which states that -
b. Immigration officers must not grant a work visa to a non-New Zealand citizen or residence class visa holder worker applying on the basis of an offer of employment, unless they are satisfied that:
ii. there are no New Zealand citizens or residence class visa holders available to do the work offered (see WK2.10 - attached);
Immigration instructions WK2.10.5 ‘Definition of genuine attempts' states the extent and nature of advertising or use of other appropriate means of recruitment is such that any suitable New Zealand workers would apply or be likely to apply for the position(s).
? From the information provided with your application we are not satisfied that your employer has made genuine and extensive attempts to recruit New Zealand citizens or residents to fill this position as required by immigration instructions WK2.10.5 (attached below). No evidence of recent advertising has been supplied to support that your employer has made genuine and extensive attempts.
? The employer has not demonstrated they have undertaken recent nationwide advertising/internet advertising or use of any other appropriate means of recruitment such that any suitable New Zealand workers would apply or be likely to apply for the position.
? As such, we cannot be satisfied that there are no suitable New Zealand citizens or residence class visa holder workers who can take up the work on offer; or readily be trained to do the work on offer. Therefore it appears you do not meet instructions WK2.10 and WK2.5.
? Employers requesting to employ overseas staff must make a case for such recruitment which illustrates why there are no suitably qualified and or experienced New Zealand citizens or residents available to do the work. Your employers case must include from your employer evidence of attempts to recruit staff from within New Zealand, how many people applied and reasons why any New Zealand applicants were not suitable.
The New Zealand labour market constantly changes therefore it is important that employers wanting to recruit workers from overseas first make genuine and extensive attempts to find local workers to ensure employment opportunities are available to New Zealanders.
(02) Labour market check
We are currently conducting a labour market check with Work and Income New Zealand (WINZ) to check if this position can be filled locally and if there are people available who can do the job offered to you.
If the labour market checks show that New Zealanders are available and or readily trainable in the position offered to you; then your work visa application may not be approved. It also appears that your employer has not engaged with WINZ to find suitable New Zealand workers to fill this position.
Factors irrelevant to determining availability of New Zealanders
While we note this is continued employment, as per Immigration New Zealand’sInternal Administration Circular 09/05 (available on our website) the factors listed below are irrelevant to determining the availability of New Zealanders for the purposes of a work visa application under the Essential Skills instructions:
? whether an applicant is well regarded/highly valued by their employer;
? whether the applicant is claimed to have specialist skills/be well trained in a job that is readily trainable;
? whether the applicant (and family) is well settled in New Zealand; and
? whether the applicant is willing to undertake the work at pay and conditions that would not be attractive to a New Zealander.
(03) Market rate
The objective of work visa instructions is to ensure that the employment in New Zealand of non-New Zealand citizens and residence class visa holders does not undermine the wages and conditions of New Zealand workers.
Immigration New Zealand must ensure that the terms and conditions specified for the work on offer are not less than those of the New Zealand market, including payment at the New Zealand market rate.
The hourly rate offered to you as per your employment agreement is $22.00 per hour. Information shows that market pay rate / salary for this occupation are higher than your offered hourly rate. The CareersNZ website advises that most massage therapists earn between $50 and $120 an hour depending on their experience, the type of treatment they give, and what region they work in.
Your hourly rate appears to be below the current market rate for this occupation. At this stage we are not satisfied that your application meets Immigration Instructions WK1.1c and W2.10.5d is met.
(01) ANZSCO match for a Massage Therapist
You have claimed that your employment with Apollo Therapy & Reflexology Ltd is that of a Massage Therapist. Message Therapist falls under ANZSCO 411611, which is a Skill Level 2 ANZSCO occupation.
Immigration Instruction WK1.5 states that assessment of the skill level of an occupation for the purposes of Essential Skills work instructions is primarily based on the Australian and New Zealand Standard Classification of Occupations (ANZSCO), which classifies occupations according to the skill level required to perform the tasks of each occupation.
To assess the skill level of an occupation using the ANZSCO, immigration officers must be satisfied that the offer of employment substantially matches the description for that occupation (including core tasks) as set out in the ANZSCO.
Based on previous verification undertaken on your employment, Immigration NZ is not satisfied at this stage that your position is comparable to that of a Massage Therapist. Based on verification undertaken it appears you do not undertake the following tasks;
? utilising a range of massage techniques to enhance sports performance and prevent injury
? assessing and treating specific soft tissue dysfunction and providing rehabilitation advice
? employing other techniques, such as acupressure or Shiatsu, and complementary aids, such as infra-red lamps, wet compresses, ice, essential oils and herbal and mineral therapies, to assist recovery
Based on verification undertaken, it appears that your role does notsubstantially match the description for a Massage Therapist as set out in the ANZSCO (above).
Immigration NZ is not yet satisfied that your offer of employment substantially matches the description for your claimed occupation (including core tasks) of Massage Therapist as set out in the ANZSCO.
The relevant instructions are attached for your information.
We have not made a decision on your application at this stage. We invite you to make comments or provide further information in response to our concerns.
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我也是啊 解释信递上去都已经3个星期了 但是还没有答复
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老板没打广告？
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打了，trademe上打的.
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你好。你的是什么情况需要写解释信？
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估计是你没在work income上打广告。trademe不行。 就是质疑你的工作不够skill 本地人都能做，为啥你老板偏偏要请你，要你解释咯。解释不好就会拒绝你
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还有你老板给你出$22块一小时的工资，但是nz的你那职位都是50-100刀一小时。你的工资低于市价，移民局嫌弃你工资低。 此外你的job descreption 也没有match到 ANZSCO里面的task， 没有说服力，好多都不满足，你需要好好写咯，花钱请律师吧 这个时候不能省钱咯。
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谢谢，你有好的律师推荐吗？
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最近怎么啦，我们单位工作在bar的一个经理来自美国也被据了，不知道具体什么愿意，没好意思问，这移民局是怎么啦
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现在 移民局 查的很严， 我朋友 续工签，竟然还要 公司 六个月的账。。。。以前 从来 没有听说过
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移民局现在是不是想往外清理人呢 能给新西兰正常缴税的人都不要，那它想干什么？
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1.我记得好像是两种以上的media打广告，这样才能代表普遍性。（如果有，需要上交copy）
2.你的签约时间是不是在你打广告之前，或者打广告之后很短时间内？
以上两点，质疑你的是你雇主不是真实性的来招聘NZ本地人来源
3.L market test，其实这个问题在于你去没去WINZ打广告，这是一个很简单，但是很重要的步骤，而且还是免费的，比你trademe的广告说服力强很多。
4.收入，WINZ的确给出了，50～120这个区间，而且中医推拿也在Massage Therapist有个alternative title里；但是市场rate，那个是个更加广阔的那种massge therapist（所以就有下面的那条他质疑你有些方面对不上ANZSCO的massge therapist）这个地方找老板出证明信吧，证明薪资结构，和那几个duty能不能做到
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我是在TRADEME上打的广告,广告时间是06/01----06/02,签约时间是01/02.
我老板给WINZ打电话,他们让我老板填了一份表,过几天他们发信过来说没有找到合适的人那些关于按摩的工作我都有在做只是没有写的那么清楚.老板这边是全力支持我的.
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trademe广告打印出来上交，WINZ应该有你们的reference number上交，连同那个WINZ的回信本地无人能及的。
duty方面你自己没写清楚你怨谁啊，有做或者能做的话，老板签发证明信就好了
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你好稳稳姐,如果这些问题都解释了,然后递上去,有批准的可能吗?可能性有多大?
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谢谢你!这些东西都交的话,批准的可能性大吗?
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这问题你让我怎么说，你解释的好让人信服那就通过咯。
解释的模棱两可的，没有信服感，那就……
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谢谢你！稳稳姐。另外，你有好的中介或律师推荐吗？现在有点乱，都不知道找谁好。中介好还是律师好？
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律师更靠谱些，费用也会比中介高
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我一般不推荐这些，我推荐的是你自己～～·
你自己多走几家，相比较他们对你case的看法，有夸大其辞的，有不见兔子不撒鹰的，有实实在在的，自己比较下博取众家之长，选择出合适你自己的。
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感觉LZ 的签证官是阿三啊。。。是不是？
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谢谢你!如果我这次申请被拒签的话,我还能申请到其他签证吗?
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可以～～～～····
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其他比如什么签证？
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但是有一个问题，我的签证是3月6号到期。我知道移民局申请期间会给过渡签证，但如果这次工签被拒的话，那我就什么签证也没有了。是不是就相当于黑下来了？
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学签或旅游签
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你自己都想得到，明显。
楼主还没找律师处理吗？
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学生签有可能吧，给新西兰带来收入