advice for SMC, my contract is not the right one?
Hello everebody. (especiallly JandM and knucle, look like you are really on to INZ issues)
This is my first post and I get here in a desperate diving through the web looking for help and advices.
Try to be quick:
Been living and working in NZ for the last 7years, first with a WHV, then with working visas, always at the same working place with the same employer for the last 6 years. After done my EOI and get the ITA, on Nov. 2012 my application for resident visa under SMC was accepted for processing. After 6and half moths of patiently wait a CO took my case last week and the first thing she put out was this:
With regards to your employment, there are some matters that require clarification, as follows:
I note that your employment agreement does not state your rate of pay, and we require that contains that information.
I also note the holiday leave clause states that your holidays are calculated at 8%, to be paid at the end of the season.
This reflects a casual employment arrangement of a seasonal nature. I need to know the actual nature of your employment, and if it is permanent, then you must be provided with 4 weeks of holiday per year (pay-as-you-go provisions cannot apply)
I need to know that you are employed as a Chef for an average of at least 30 hours per week over the course of the year (if your place of employment is closed for part of the year, as I understand was the case for the "P C" for a number of years up to at least 2010), your employment over the year may not meet the threshold
Please provide your IRD Summaries of Earnings for each year from 01/04/2008 – 31/03/2009, 01/04/2009 – 31/03/2010, 01/04/2010 – 31/03/2011, and 01/04/2011 – 31/03/2012
Please also provide your payslips (if you received payslips) and wage and time records (your employer is required to have kept these) for the previous 24 months to 30/04/2013.
Ok,..that's right, me and my employer forgot to write the rate of pay, easy fix....
But what about the rest, my employment agreement is not what she call permanent for a whole year around with 4 weeks holidays, it is as she said a "pay as you go" and seasonal, meaning that work runs from sept. to june. and I get pay if I work, I don't get pay on days off or if I dont go to work. Then is about 3 month of winter breake. Im still making more than 30hs a week in one year as they required.
Another matter to take in consideration is that this is the same CO that reject another guy friend of my at the same working place when he also applied for Resident visa and apparently for the same issue: seasonal work nature. After his experience I've been so reluctant to submit my aplication, but after him, another case, a couple also friends of my apply under SMC, at the same working place, with the same type of contract that I used, and they 've been susscessfull so I decided to try my luck as well.
So i dont really know which strategy follow from here apart for submit all what she required:
Can I continue with the same application and just send a new contract for a whole year with 4weeks holliday?
Can I satand up and said that they not specify about diferent types of contracts, that they not specify nowhere on their website that "pay-as-you-go conditions not apply" or seasonal works not apply and I just 've been keeping with the clause that said :
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.
So, Im not asking for a solution but for an opinion, advices or smart ideas....
Thanks a lot in advance!!! I will appreciate your help!!
Cheers!
Julian
