Break :)

[Jack_s]

Hi Friends,

I have applied for resident visa under skilled migration category with job offer (160 points). My application is in process and I’m pretty sure I will get it as I do all the tasks listed in ANZESCO.

I am little confused and want your guidance. For last 3 year I’m working continuously without any break. Now, I want a break from my work. I have enough leaves to survive for atleast 2 months.

I’m thinking to resign from my work after getting my resident visa and to have a fresh start after 1-2 months with better salary.

Now, I want to know “Am I legally allowed to resign within few weeks of getting residency if there is no condition on my resident visa”. I will be serving my 1 month notice period for sure.


Thanks for your suggestions

[Sun777]

Now, I want to know “Am I legally allowed to resign within few weeks of getting residency if there is no condition on my resident visa”. I will be serving my 1 month notice period for sure.

Yes. Logically speaking most of the times people have to resign from their current employment to take up residency (i.e. if you relocate and find a new job in NZ) so I don't see there is anything illegal in resigning.

[Jack_s]

Yes. Logically speaking most of the times people have to resign from their current employment to take up residency (i.e. if you relocate and find a new job in NZ) so I don't see there is anything illegal in resigning.

No, I’m already in New Zealand working for last 3 years. I applied under SMC category with job offer.

[JandM]

In that case, then yes, once you have your Residence, you can legally do whatever you want. It's not likely to happen in your case since you've already been working in your skilled job for some time, but sometimes Residence is issued in the first place with a Section 49(1) condition on it, saying the person must work in the job that is part of their application for three months, but even then, they can go back at the end of the three months and show INZ their pay records and that they are still in the job, then the condition is removed and they have their Residence free and clear and can please themself.

[she]

Is the break/change of employer allowed while the application is being processed though? Can we take a short break and then join a new company in the same profession, or change jobs without a break? Also, does our changing of position within the current company matter to immigration, if the occupation code has slightly changed, but still in skill shortage list? Questions arise when it seems to take forever

[JandM]

Part of your application is that you are in skilled work, so if you put yourself out of work during the processing, you will invalidate the application.

If you change jobs without a lengthy break, that would be all right as long as the new job is equally skilled and within the same area of skill, and/but you are going to have to supply evidence about that, and about the new employer, so that will have to be checked out and may make your case take longer than it otherwise would. Normally a slight change of role within the same general area of work and with the same employer doesn't give any problems. But this is all very general and not official - if in doubt, check the details with INZ.

[Jack_s]

Part of your application is that you are in skilled work, so if you put yourself out of work during the processing, you will invalidate the application.

If you change jobs without a lengthy break, that would be all right as long as the new job is equally skilled and within the same area of skill, and/but you are going to have to supply evidence about that, and about the new employer, so that will have to be checked out and may make your case take longer than it otherwise would. Normally a slight change of role within the same general area of work and with the same employer doesn't give any problems. But this is all very general and not official - if in doubt, check the details with INZ.

Thanks Jand M for your valuable reply. My resident has been approved. I'm just praying to get my blue sticker without any employment conditions.

[tickler]

Hi,
I have a question related to this.
I'm the principal applicant and has been working on a field related to my qualification. My wife also is working on the same field.
I will submit the documents soon for my ITA.
In the next 2 months, we will moving to another country because my wife got a big offer. I will be in the house taking care of our baby and can only do online work.
Will this affect my application?

[JandM]

Will you still be employed at work in the same specialist area though, although it's online?

[tickler]

Yes, I plan to still be employed via online work on the same specialization.
and also I plan to get a certification during that time to prove that, even if I'm working at home, I still am practicing my profession and leveling up my skills.

Hopefully this will not affect my application and those things would be enough to prove that I am still employable when I get to NZ.