Apply for Skilled Migration based on Contract role (Contract of Service)

[sandeep.nakarmi]

I am on 2 yr work visa (essentials skills) based on a 2 yr contract role (Contract of service).

I am looking for my changes to apply for permanent residency under SMC.

The definition of skilled employment in immigration website is:

What is skilled employment?
Skilled employment is employment that requires specialist, technical or management expertise.

If you have a job/job offer for skilled employment, it must be:
-full time (on average, at least 30 hours per week)
-for a position that is paid by salary or wages or in terms of a contract for service – payment by commission and/or retainer are not acceptable
-be ongoing and sustainable.

Ongoing means your job offer must be for employment with a single employer in a job:
-which is clearly stated to be 'permanent', or 'indefinite', or
-for a term of at least 12 months, with an option for you of further employment after that time.

If you are offered a contact and have a history of working on contracts in your occupation, then this may be accepted as ‘skilled employment’ if INZ is satisfied that the work is likely to continue.
Sustainable means INZ must be satisfied that the employer can afford to pay you the stated salary or wages.

So, I might be eligible to apply but I will have to prove a history of contracting and INZ needs to be satisifed that work is likely to continue.

Anyone has had experience or knowledge on how many years contracting experience and what sort of evidences would be needed to satisfy INZ? How critical is contracting history in this case?

thanks

[SGA1983]

Hi Sandeep,
I too am on 2 year work contract having done my PhD in NZ.
My case officer (CO) was not satisified that my job is sustainable as no posisbility of extension was mentioned in my contract. I provided a letter from my employer stating that my contract can be extended based on the project outcomes and my performance. My application is still under review and hence dont know whether the letter was enough to satisfy INZ. As I didnt have any previous work history this was the only option available to me.

[L Havens]

Hello,

I had to provide previous contracts (3 years worth, though if I had more I would have!) and then was nearly disallowed as my current contract had a fixed term end. I was instructed by my CO that I need my current boss to write to her saying that extensions of my current contract or further, similar new contracts could be 'possible'.

I'm not entirely certain if the letter my Principal has written will fit that bill, but she said it was the only way to prove the work was sustainable. A letter from another agency offering me contract work after my current contract ends was not considered sufficient, as it had to be the person I was currently working for.

Hope that helps somewhat.

Leslie

[sandeep.nakarmi]

Hi SGA and L Havens,

I have 2 yrs experience as contractor and have worked for my current employer for a year already. He now has offered me further 2 year contract and he is very supportive so if needed he can convince immigration as well.
My job is also in long term and short term skill shortage lists.

My immigration agent has asked me to wait a few months before we start preparing.

When did you guys lodge your application? and how long have you been waiting for your decision? Just want to get an idea on turnover time as this might take more time than usual.

Thanks
Sandeep

[sandeep.nakarmi]

I just checked my contract and it states that consultancy period is 24 months and further extension can be made by mutual agreement.

[SGA1983]

I lodged it in October. Still waiting for a decision. I think you can apply straight away if there are options for further employment in your contract (if you have all other documents in place)

[sandeep.nakarmi]

Hi SGA and L Havens, just wondering if you guys had any outcome on your applications. I am about to lodge EOI and am going the same path as you guys are. So just curious to know..

Thanks,
Sandeep