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Thread: SMC application and liking the job it's linked to!

  1. #1
    Join Date
    Nov 2012
    Location
    UK - France - Wellington
    Posts
    387

    Default SMC application and liking the job it's linked to!

    Hi all,
    we'd appreciate your ideas on our situation.

    Scenerio N1:
    Partner named for SMC application with job offer (for his skills, over 55$ND, for at least 30h a week), we go out together, I get job too, we apply for PR in two years.

    The complication is the job is a new field for my partner, so what if he doesn't like it? How long does he have to stay there so our future PR plans aren't upset?
    I found this on the immigration site PR page :
    "you have been genuinely employed full-time in New Zealand, in paid employment, for a total of at least nine months in the two-year period immediately before lodging your permanent resident visa application.

    So just 9 months for him?
    He could then, if needed, find something else part-time or in his current field (or live of my high earnings from my found job (joke!!!)) without affecting our chances of PR?


    Scenerio N2:
    He gets a work visa for this job, I go as partner, I get a skilled job and we do the SMC application in my name. It's possible I'll get a skilled job once there but trying to get one outside of NZ is tricky in my line of work.


    Any other scenerios we've not thought of?
    Anyone else worried about not actually liking their new job and about how tied in to it you'd be?
    Thanks

  2. #2
    Join Date
    Feb 2008
    Posts
    36,074

    Default

    I found this on the immigration site PR page :
    "you have been genuinely employed full-time in New Zealand, in paid employment, for a total of at least nine months in the two-year period immediately before lodging your permanent resident visa application.
    You're misreading that page. http://www.immigration.govt.nz/migra...quirements.htm The top paragraph is the only one that is obligatory. After that, you have to fulfil just ONE of the other paragraphs lower down, to prove commitment to NZ. Most people go with the first 'commitment' mentioned, having spent enough time in NZ. (Your quote comes from a different paragraph which you're not obliged to use.)

    So as far as your first scenario is concerned, for commitment to NZ, your husband just BEING in NZ for the required amount of time would be sufficient to get PR. There is one line in the top paragraph will also have an impact, though: the requirement to "have met any conditions that your resident visa was subject to under section 49(1) of the Immigration Act." If your husband has a job offer, then the Residence visa will be issued with Section 49(1) conditions on it, which will be that he should start work in the job named in the offer within three months of arrival in NZ, and should continue in that job for at least three months (those are the usual conditions in that situation). As soon as he has worked there for three months, he can go to INZ with proof he's done it, and get a new Residence visa without conditions.

    So the answer to your question about the first scenario is that he'd have to work in the initial job for three months, plus the little time it would take to get the fresh visa - then he could move on if he wanted to.

    But now, I have a question about this scenario. If this skill he would be submitting would be a new departure for him, how confident is he of being able to get a job offer from abroad? Many of the skilled careers have a requirement for a qualification AND a certain amount of work experience.

  3. #3
    Join Date
    Nov 2012
    Location
    UK - France - Wellington
    Posts
    387

    Default

    Hi JandM,

    many thanks for your clear answer.
    That's reassuring, but also strange, because without the job we don't have the points! But do the job for just 3 months (+ a bit) and all's great! Not about to argue with the logique as it is reassuring to our situation. If you decide you don't like your new job in your current country then you look for another and move on, but we were worried we might have visa problems if that happened in NZ. Hopefully this wouldn't happen but you have to consider all scenarios before shipping everything a long long way!

    To answer your question, it's not so much as a new departure but an application of his qualifications and experience to a new situation = long-time teacher going into industry. While he is mainly looking at teaching jobs, this industry based one came up needing people with his exact qualifications, the company has already had telephone interviews with him and both sides like what they've heard so far, but more skyping to do yet! No "counting chickens" yet, just trying to prepare!

    Thanks again

  4. #4
    Join Date
    Feb 2008
    Posts
    36,074

    Default

    If you decide you don't like your new job in your current country then you look for another and move on, but we were worried we might have visa problems if that happened in NZ.
    This would be the case if he was on a work visa, since that would be tied to the job. In that case, if you want to move on, you have to get another job, fast, that is also skilled, or your visa becomes invalid. You may find that the employer wants your husband to go for a work visa in the first instance, to get him there and working faster (as these visas can be worked more quickly), but there's nothing to stop him applying for that alongside SMC Residence.

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