variation of conditions and working notice period

[wainy]

Hi all,

I need a little advice, which Immigration can't/wont provide everytime I call, I am applying for a variation of conditions to my WTR, I've had a guts full of my current employer and have stuck it out for 2 years I am about to apply for my PR but I want to take up a new job offer, I was advised by immig that I could go down the route of Variation of Conditions and they've lodged it and it is pending, now what I need to know is how does it work when I get my variation, am I allowed to work out my 1 month notice period then go onto my new employer how have others done this, I don't want to work illegally but there are contractual obligations to work a notice period before going on to the new job, I also don't want to get offside with Immig. especially when I'm about to apply for PR, I'm pretty annoyed with immigration as everytime I call I get a different answer and have been given blatantly wrong information to the point where I had to direct the person on the phone to the rules on the INZ website, your help would be greatly appreciated

[JandM]

Hello and welcome. I hope we may hear from someone out there with experience on this to help you soon.

Are the regulations that you're looking at in the Operational Manual http://www.immigration.govt.nz/opsmanual/i7540.ht ? Go to Temporary entry class visa » Work visas » WR Work to residence instructions » WR1 Talent (Accredited Employers) Work Instructions » WR1.5 Who is eligible for a work visa under the Talent (Accredited Employers) Work Instructions?

Sorry to hear you've had trouble with the INZ helplines - it's been said before about some of the people who are the first line of response on the phone-lines. A kind of human FAQ, reading out notes. I wonder, might you get some extra help if you ask to speak to a supervisor? (Or, and I realize this may not be straightforward while you're working) could you make an appointment to go to see someone who actually works cases, your own for preference, rather than just mans phones?

[wainy]

Hi, thanks for coming back to me, I'm sure someone on here will have the answer,I'm hoping theres allowance to bridge the period, there must be, I'm not the first person to do this, in fairness it depends who you speak to there, I have a case officers name so will try and phone her this week to get an answer, I live at the very bottom of NZ and the nearest office( although according to INZ its not) is Dunedin, they've sent my application to Chch and they say its going to take 45 days now from the 2-4 wks quoted previously, the new employer may not wait that long so I may find myself in a sticky spot I really hope not

Cheers


Hello and welcome. I hope we may hear from someone out there with experience on this to help you soon.

Are the regulations that you're looking at in the Operational Manual http://www.immigration.govt.nz/opsmanual/i7540.ht ? Go to Temporary entry class visa » Work visas » WR Work to residence instructions » WR1 Talent (Accredited Employers) Work Instructions » WR1.5 Who is eligible for a work visa under the Talent (Accredited Employers) Work Instructions?

Sorry to hear you've had trouble with the INZ helplines - it's been said before about some of the people who are the first line of response on the phone-lines. A kind of human FAQ, reading out notes. I wonder, might you get some extra help if you ask to speak to a supervisor? (Or, and I realize this may not be straightforward while you're working) could you make an appointment to go to see someone who actually works cases, your own for preference, rather than just mans phones?[/QUOTE]

[wainy]

Hi all again, well here's another twist, after they advised me to go down the route of variation of conditions the case officer has rejected it asking for a whole new visa application, aaaarrgghhh how frustrating are these people, I now magically have to produce new medicals and police checks, fantastic, no way forward and no replies from the case officer highly unproffessional, I will probably lose the offer now and be stuck in this dead end job until I get residence, incidentally saw something on tv about people coming into Nz and then leaving shortly after, it's most likely down to things like this and a complete lack of respect for international experience

[JandM]

Maddening... the only thing I can think of to suggest is to contact the manager of the INZ branch you applied to and tell them what's happened. All good wishes.

[john1235]

Hi Wainy

I just waant to know what the position you worked in

current position and new position...!

Hi all,

I need a little advice, which Immigration can't/wont provide everytime I call, I am applying for a variation of conditions to my WTR, I've had a guts full of my current employer and have stuck it out for 2 years I am about to apply for my PR but I want to take up a new job offer, I was advised by immig that I could go down the route of Variation of Conditions and they've lodged it and it is pending, now what I need to know is how does it work when I get my variation, am I allowed to work out my 1 month notice period then go onto my new employer how have others done this, I don't want to work illegally but there are contractual obligations to work a notice period before going on to the new job, I also don't want to get offside with Immig. especially when I'm about to apply for PR, I'm pretty annoyed with immigration as everytime I call I get a different answer and have been given blatantly wrong information to the point where I had to direct the person on the phone to the rules on the INZ website, your help would be greatly appreciated

[newarrival]

Is it possible that with the new job offer the WTR would not have been possible- isn't that only for accredited employers? Just wondering.....

[ShinyG]

Hi All! I have an essential skills work visa and I would like to change employer. The label says "The holder may only work as Restaurant Manager for x company in Wanaka"...my new job is gonna be in Queenstown, same district, same region but different town...do I need to apply for a new work visa or the variation of conditions form is enough??? HELP ME.

[JandM]

This is an old thread, and the INZ website has been updated several times since the early posts.

This is the part that now applies to you. https://www.immigration.govt.nz/new-...emporary-visas As it says there

If you have an essential skills work visa, and your job isn't on the skill shortage lists, you can only vary your employer. Otherwise essential skills work visa holders need to apply for a new work visa to change job or location.

Restaurant Manager isn't on the skill shortage lists, so you would need a new visa. And this https://www.immigration.govt.nz/empl...al-skills-visa is what the new employer would need to know about that.

[ShinyG]

It's not clear what immigration consider as "LOCATION"...is considered location the district, the region or the town? Because Wanaka is different town in the same district and same region of Queenstown.