Right/restriciton to work in different occupation code in residency class of Visa in NZ

[Kool_Kiwi]

Hi all,
Context for the query:
My undesrtanding is, when SMC residency visa (which one holds for 2 years to apply for PR) is approved, one should join the job within 3 months of landing. Further one should stay in the same job for 3 months, to meet the immi condition.

Fair enough.

Now the query:
1. What if someone wants to change the job (i.e. employer) later, after initial 3 months condition is fulfilled. Does this require Immi's approval or returns to be filed with Immi ? Or is it like its your free will to join & leave jobs as per your needs till you become eligible for PR by staying (6 months + 6 months in each year for last 24 months).

2. Does period of employment or unemployment in initial 2 year period has any bearing on whether or not PR is granted, assuming all other PR conditions are met ?

2. If person is finding difficult to get job (after completing 3 months in initial job) in the occupation code by which residency visa has been granted.......is it acceptable to work in different ANZSCO code in same industry (for instance software engineer when not getting job, working for entry level IT support job temporarily). Here assumption is --- that new job is also in same industry & also on LTSSL but differenet ANZSCO code.

3. A variation of point 2 above - can person work in other industry (usually unskilled or semiskilled job only maybe possible in a new industry/profession). Obviously ANZSCO code will be different for which smc residency visa was applied.

I imagine even if any restriction is put during initial 2 years, after the PR, person is free to work in any employment regardless of under what code he was brought in (subject to registration & skill requirements being met for the new profession).

Kindly share the policy & experiences to clarify.

[JandM]

My undesrtanding is, when SMC residency visa (which one holds for 2 years to apply for PR) is approved, one should join the job within 3 months of landing. Further one should stay in the same job for 3 months, to meet the immi condition.

This isn't necessarily true at all. If you apply for Residence without a job offer, and are (normal part of the process) interviewed by the CO to judge your employability, then granted Residence, there will be no conditions whatever on your activities once arrived in NZ. You (and all family included) would be free to work at ANY job, not work, study, or start a business.

It is if you have a job offer during your application, which you send to INZ so your application is fast-tracked, and so your CO does not need to interview you (since the job PROVES you are employable), that your Residence visa is issued with a Section 49(1) condition on it. The condition is that you work in the job you have been offered for three months, having taken it up within three months of arriving. When you've done that - so, after three months in the job and still working there - you can go to INZ and show the proof you have fulfilled the condition, and they will replace the visa that had the conditions on it with another Residence visa with no conditions. You are then clear to do whatever you want.

So you will now see that several points in your later questions are not relevant.

1. What if someone wants to change the job (i.e. employer) later, after initial 3 months condition is fulfilled. Does this require Immi's approval or returns to be filed with Immi ?

If you had the Section 49(1) condition and it has been removed, you can do what you want without referring back to INZ at all.

Or is it like its your free will to join & leave jobs as per your needs till you become eligible for PR by staying (6 months + 6 months in each year for last 24 months).

You can do whatever jobs you want from then on, and it has no bearing at all on being eligible for PR.

2. Does period of employment or unemployment in initial 2 year period has any bearing on whether or not PR is granted, assuming all other PR conditions are met ?

The conditions for PR have nothing to do with your employment record.

3. A variation of point 2 above - can person work in other industry (usually unskilled or semiskilled job only maybe possible in a new industry/profession). Obviously ANZSCO code will be different for which smc residency visa was applied.

With Residence once free of conditions, all that ANZSCO stuff is behind you and irrelevant - you can do whatever job anyone is prepared to give you.

I imagine even if any restriction is put during initial 2 years

There is NEVER a restriction on a Resident's employment that lasts two years. Conditions under Section 49(1) are for three months.

[Kool_Kiwi]

So you will now see that several points in your later questions are not relevant.

Yes JandM, once i understood the process you explained, follow-up question had hardly any relevance. Still want to thank you for your effort to answer the long post.

Frankly speaking, now I find residence visa = PR visa, for purpose work/study/business etc. as both seem to have same rights.. Applying for PR after 2 years of residency visa is logical end but no limitation even with residency visa in first 2 years.

That was encouraging to know