Secondment/ Deputation job is not a SMC for Residency?

[krs]

I'm on deputation to NZ company on secondment job from my overseas parent company and working at client place. Now my residency appl in process with CO. recently my CO raised concerns saying! "you may be temporarily base in NZ for stated period and you are an employee of an overseas company carrying out work in NZ, but not NZ employer and your employment does not appear to qualify for points under SMC and employment does not satisfy SM7.15(b)(i) and 50 points under SMC will not qualify" my CO invited my comment on it and decision on with hold. What should I do, does my case goes complex!!. the Fact is my NZ company is well supporting me,.they have provided supporting certificate to proceed to get residency, and my work reporting structure, paying salary, benefits etc from NZ company only. I have 9 year IT experience and my skill under LTSSL, I had my degree and post-graduate in IT. my current 1 year work visa will expire in next month and my NZ company in process to extend my WP for next two years to continue my extended role at current client place. Does anybody through this scenario, what will be the choices.. Thanks in Advance.

[Karen Phillips]

If your contract of employment is with the overseas company and you are being paid by them, then I am afraid your CO is quite right, you won't be eligible for residence in NZ unless you have 140 points not including the job offer/current skilled employment. Sorry! It is very very faintly possible that if the company where you are located offered to employ you directly, that they might consider you, but you didn't meet the criteria at the time your EOI was selected, so I suspect that this won't help. Your only real chance is if you are being paid directly by the NZ company where you are based. I hope it is better to know than to wonder. I would still reply to your CO and explain the circumstances - it will show that your intentions were honest and that you had misunderstood the rules, with no intention to deceive.

[krs]

Thanks Karen for your reply, I based in NZ, and I am being paid by my NZ company in NZD. currently my work visa of 2 year extension in process.. and my CO not aware of it.

[Otaku]

Are you on WTR?

[krs]

Hi Otaku, I am not on WTR, I am on WP for a year, now it extending to 2 years. I am on deputation from my overseas company to on-site company in NZ (I work for multinational company and they have branches across the world). thanks.

[Otaku]

Hi Otaku, I am not on WTR, I am on WP for a year, now it extending to 2 years. I am on deputation from my overseas company to on-site company in NZ (I work for multinational company and they have branches across the world). thanks.

I too arrived in NZ as loan staff or secondee for an Accredited Employer on a 30-month WTR. But the contract was of at least 2 years, with a possibility of extension. I think this worked in my favor, and was granted a WTR.

[krs]

Good to know about your case that seconded jobs are eligible for Residency, I do see/known some of seniors of my company who came on deputation/secondment job and they got approved for residence/PR. but for my case i came on one year WP and my CO doesn't know about my new offer for next 2 years extended work visa (i.e my company will going to apply in next week.). hence question raised by CO. I will have to explain about my current situation of 2yrs WP extn etc to CO, will that help to keep my SMC 50 pts safer?

[Otaku]

Well, if SMC route does not work, you can apply for WTR (as is seems similar to my case) and if your salary is 90k or above, at the end of 24 months you can directly get PR or Residence (at least).

[Karen Phillips]

Hi. I think that Otaku may be on to something here. With the additional information you have provided, it could well be that your job will help you get the 50 points. There is a subtle, but important, difference between being seconded to a NZ company and being employed by them I suggest you talk to your CO at the first opportunity. Good luck!

[krs]

Thanks guys.
yes Karen, that will be good idea, I will ring up my CO to explain my situation.
Otaku, Can I use my same (residency) application for WTR or will it be a new visa application with different fee, time, process etc..
or will there be any chance of convert my Residency application to WTR incase, if my SMC pts not counted/accepted by CO for now!!