Conditions on Talent (Accredited Employer) Work Visa

Hi there,

Hoping one of the LIAs can answer here please. Is it the usual practice to apply conditions, on a Talent (Accredited Employer) Work Visa for the job title of the initial role? I've been offered a promotion and, because my visa has a 'the holder can only work as [Job Title] in New Zealand for [Company]', I have to apply for a variation of conditions. Given that the Visa allows me to work for an accredited employer, with a salary above a certain level, this condition seems a little bizarre. What's most odd is that the visa conditions don't stipulate that I need to continue to earn a certain level...

Cheers,

Gene

I guess in one of the Post Erin (an LIA) has mentioned as long as the ANZSCO roles and responsibilities are not changing and just a title change (which is usually common to get pay raise and designation/title change) you don't need VOC, but again wait for Erin to confirm as this, as is not advice and I am not legally allowed to do so.

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Originally Posted by satty02

I guess in one of the Post Erin (an LIA) has mentioned as long as the ANZSCO roles and responsibilities are not changing and just a title change (which is usually common to get pay raise and designation/title change) you don't need VOC, but again wait for Erin to confirm as this, as is not advice and I am not legally allowed to do so.

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Thanks for your reply. ANZSCO roles don't apply to Talent (Accredited Employer) Work Visas to the best of my knowledge. The criteria (notwithstanding all of the usual health and character bits) for getting one is:

- Offer of employment from an Accredited Employer
- Offer must be full time (30 hours or more) and for at least 2 years
- Salary above $79,560 per annum.

No requirement for a particular ANZSCO role or skill level. That's why I think my visa conditions, around the specific role, were added erroneously. Seems a bit wrong for INZ to charge me $190 to change something that's not relevant to the type of visa I hold. Like I said, I find it strange that the conditions don't mention the salary level I need to maintain. I could take a massive pay cut, for some reason, and fall below that minimum figure and seemingly my visa would remain valid.

As the former holder of a Talent (Accredited Employer) Work Visa, your visa conditions appear to be normal for the visa you hold -- you are expected to work in the specific occupation and for the specific accredited employer detailed in the job offer that was the basis of your Work Visa application (see the "Conditions" section in the visa factsheet).

Maintaining your level of remuneration is not a condition of the Talent (Accredited Employer) Work Visa itself. Rather, this is a requirement for you to obtain the Talent (Accredited Employer) Resident Visa, should you later apply for this (see RW2(c)).

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Originally Posted by Kelerei

As the former holder of a Talent (Accredited Employer) Work Visa, your visa conditions appear to be normal for the visa you hold -- you are expected to work in the specific occupation and for the specific accredited employer detailed in the job offer that was the basis of your Work Visa application (see the "Conditions" section in the visa factsheet).

Maintaining your level of remuneration is not a condition of the Talent (Accredited Employer) Work Visa itself. Rather, this is a requirement for you to obtain the Talent (Accredited Employer) Resident Visa, should you later apply for this (see RW2(c)).

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Cool, thank you. Does seem to be a bit of an odd one though. Given that the specific occupation isn't a factor in obtaining the visa, it would seem a bit odd to make it a condition of said visa. Just a money-making scheme for INZ?

Actually, if you think about it, one's specific occupation is a factor in obtaining any employment-based Work Visa, since one's employment contract is the very basis on which an employment-based Work Visa is issued. If the conditions of employment change, the basis for issuing that Work Visa in the first place may no longer apply -- hence why one has to vary your conditions in the first place (and in some cases, obtain an entirely new Work Visa).

Well the criteria for the accredited employer visa seems to not be concerned with the specific job title - but the employment has to be for work that is the employer’s main reason for being in business. So perhaps that's is the bit that means the job title needs to be checked my INZ?

I am not an Advisor, but one thing from my limited knowledge of the INZ is that you can give any title to any job, but in the end, the way they see the job is an occupation and ANZSCO roles and responsibility comes into the picture even though you might think they don't for TA visa.