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Thread: Section 18A clause

  1. #1
    Join Date
    Mar 2010
    Location
    Salisbury, UK to Auckland, NZ
    Posts
    93

    Default Section 18A clause

    Hello,

    I have applied PR under the Skilled Migrant Category. One of the points I claimed on my application is current skilled employment in NZ.

    I have been employed in my skilled job since March 2010 and have just been given a further extension with my contract.

    On the INZ website it says:

    "If you got points for already having a skilled job that you have held for less than three months, you must stay in the job until three months is up."
    Until now, I was under the impression that no matter how long I had worked in the job, I would still have to work a further 3 months in that job (after initial approval) before the stamp gets put into my passport and I have full residence.

    Does this mean that I will have full residence right away and not have to work a further 3 months in this job?

    Also, how would it affect if I take up another position (same skilled occupation) elsewhere or within the company? Would I need to work for another 3 months before the condition is lifted?

    Cheers,
    Claire

  2. #2
    Join Date
    Jun 2009
    Location
    Manchester > Now Tauranga
    Posts
    4,393

    Default

    First off, wait and see what the condition says. 18A is ANY condition, jsut there seems to be a few common ones.

    In my case then I had to start a specific job within 3 months of arrival, and stay in it for 3 months (I wasn't claiming points for job offer or employment). However, there was a note to let them know immediately if my circumstances changed, and I guess they will review each case and take a judgement call on it. I doubt a promotion would have that much of a negative efffect as logically you would stil be available to bring any skills into the workplace which is what the whole immigration game is about.

  3. #3
    Join Date
    May 2007
    Posts
    4,455

    Default

    Quote Originally Posted by celeliza View Post
    ...
    "If you got points for already having a skilled job that you have held for less than three months, you must stay in the job until three months is up."
    Until now, I was under the impression that no matter how long I had worked in the job, I would still have to work a further 3 months in that job (after initial approval) before the stamp gets put into my passport and I have full residence.

    Does this mean that I will have full residence right away and not have to work a further 3 months in this job?
    ...
    If you have already been working for the company for more than 3 months then you won't have a section 18A clause (as you have already met this requirement).

    Also note that since the change in the Immigration act 2009 that it won't be called a section 18A anymore

    Ian

  4. #4
    Join Date
    Mar 2010
    Location
    Salisbury, UK to Auckland, NZ
    Posts
    93

    Default

    My job contract finishes on 29th April 2011, and it will be 14 months having worked for the same employer.

    Im more worried when the contract ends and I dont have another position to go to and it will affect my PR application. I have been told it will take 6-9 months (March June 11) to process. It will be good if they can grant me a PR before my contract expires.

    Still hoping something else will crop up to continue working. If I remain with the company a bit longer or permanent role I will still get residence without the 3-month minimum requirement?

    Or if I take up same skilled employment elsewhere, would I need to work for another 3 months?

    Cheers,
    Claire

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