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Thread: Switching job while one has already applied SMC visa - is it MUST for the new employer to advertise job?

  1. #1
    Join Date
    Aug 2019
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    New Zealand
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    221

    Default Switching job while one has already applied SMC visa - is it MUST for the new employer to advertise job?

    Hi frnds,

    If some one is already in waiting queue of SMC and meanwhile s/he gets job offer from a company with whom s/he has already worked. Same role , same field and same city. Candidate is on open work visa. Both companies are interlinked mean one is actively providing services to other company. In this scnerio, it it MUST for the new employer to advertise the role or he can straight away offer job and candidate can accept it?

    Thank you in advance for your valued feed back!

  2. #2
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    481

    Default

    The scenario you describe is completely irrelevant. What is of relevance is the type of Work Visa required to do the work on offer, if a new Work Visa is required.

    The employer is required to prove to INZ's satisfaction that no suitable New Zealanders are available to do the work on offer, if the candidate requires a new Essential Skills Work Visa to do the work (WK3.10). This appears to be the most common type of Work Visa and therefore happens quite frequently. Exceptions do however apply: for example, if the occupation is included on a skills shortage list and the candidate's qualifications and/or work experience meets the requirements on said list. If the employer is required to prove this, and the employer is not considered to have made genuine attempts to recruit suitable New Zealanders, the application for a new Essential Skills Work Visa will be declined. Note however, that if only the employer is changing (and the occupation, location and skill band remains the same), it is possible to apply for a variation of conditions instead of a new Essential Skills Work Visa.

    The exception for SMC applicants applies only if the applicant is applying for a new Essential Skills Work Visa to continue working in the role that is currently held, and their Expression of Interest was selected in part of the basis of points claimed for said role (WK3.20.10). It is therefore obvious that, if the applicant is applying for a new Essential Skills Work Visa for a new role, this exception can never be applied.

    This is no such requirement for the employer to prove that no suitable New Zealanders are available to do the work on offer, if the candidate can apply for the Long Term Skills Shortage List Work Visa instead: by definition, there is an absolute (sustained and ongoing) shortage of workers for occupations on the LTSSL (WR3.10), and therefore, it is automatically considered that no suitable New Zealanders are available. Nor is this required if the candidate can apply for the Talent (Accredited Employer) Work Visa, as the employer would have already proved to INZ a need to employ foreigners as part of the accreditation process (WR1.25).

    Holders of a Work Visa which allow the holder to work in any occupation, for any employer and in any location (e.g. the partnership-based Work Visas), can do just that without requiring a new Work Visa.
    Last edited by Kelerei; 13th July 2020 at 10:16 PM.

  3. #3
    Join Date
    Aug 2019
    Location
    New Zealand
    Posts
    221

    Default

    Thank you kelerei for your detailed reply. The candicbate under discussion is on valid open work visa and his SMC visa application is already in waiting queue. So what I have understood from your explanation is that new employer does not require to advertise job? Hope I am correct?

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