Working in NZ for an Indian Parent Company-SM7.1

[raikarthik85]

Hi ,

I've been working in NZ for the past for 21 Months as a skilled employee .My company back in India sent me here to work on a project .Since my project is nearly finishing I thought I’ll apply for permanent residency since I was getting enough points based on the fact that I've been employed in NZ for over a year.

My application has been sent back to me by NZ immigration saying that the points I was expecting for working in NZ will not be granted since my employment contract says that I have seconded to NZ from an Indian company and I am not a permanent employee here and this doesn't fulfil the conditions as per SM 7.1.(Screens shot of the response attached)

Although I have provided my NZ paylisps, IRD number NZ immigration still says they would need a new job offer letter which specifically states that I am permanent employee of a NZ company which my company has refused to provide.

The case officer said if I cannot get a letter ,I could try getting a new permanent job and they can process my PR further based on the new letter which is not really feasible as they have given me 1 few weeks to do this.

Has anyone come across this kind of issue before ? Is there a work around? Would really appreciate some guidance .

Thanks In Advance ,
Rai

[Sun777]

Personally I can't see workaround with your current employer and have come across similar stories when employer isn't that cooperative when it comes to Permanent Residency as they stand a chance to lose an employee after they obtain independent visas. Also in your case as the CO has highlighted that your employment isn't permanent which is stated in the letter.

In order to gain points for job offer, the alternative provided by INZ seems to be the best option (though slightly less practical), as the hiring market has just opened up you might as well want to start applying for jobs. Even if you get another job offer/employment, do keep note that your company might want you to travel back to head office after resigning which adds to your cost, time & serving notice period.

Alternatively, have you worked out points without job offer and if that takes you over the threshold - meanwhile you can still work for your current employer till Feb 2016 on some other parallel projects. Probably help them with case studies or sales if there are no upcoming projects which will help you stay in the country. It might also help you if you can build relationships locally or with your onsite managers to help with revised offer letter.

There are just some wild ideas based on my experience (in case it helps) !

[raikarthik85]

Thanks a lot for the response . I have started my search and hope I get something soon ,however the CO has given me only a month to sort this out. I am not sure how the market is NZ and a bit nervous If I would get a job by then or not .

I am also thinking of speaking to an Immigration Lawyer to see if they can help me out with something as I am not trying to claim points that fraudulently or doing anything dodgy and was hoping that I would have got a PR effortlessly .

Anyone else in the forum have come across similar issues? Any help would be appreciated

[Otaku]

Hi,

What type of Visa you holding currently? I assume it is a conditional Work Visa which states your employment. I would suggest to look for a new job, preferably with an Accredited employer. Even if this does not work out, you continue working and go for a new application once a suitable job offer is in hand.

[raikarthik85]

Hi ,

Yeah, I have work visa now .That’s the plan however I suppose I’ll have apply a fresh PR application or do you know if they keep the present one on hold for more than a month.

Also when I apply for a new one I am assuming I won’t get any points for my existing work experience in NZ and will have to just get points based on the new job contract that I might get .Does that sound right?

[Otaku]

Hi ,

Yeah, I have work visa now .That’s the plan however I suppose I’ll have apply a fresh PR application or do you know if they keep the present one on hold for more than a month.

Also when I apply for a new one I am assuming I won’t get any points for my existing work experience in NZ and will have to just get points based on the new job contract that I might get .Does that sound right?

You will have to convince your CO for an extension. If you have a good chance of finding a new job and have some good leads (interviews schdueled, jobs applied and such), then he might extend it IMO.

Yes, the current Work experience won't be counted towards a new application, but if you have a job offer, I guess you can easily claim 140 points or more.

[raikarthik85]

Thanks -I've been actively searching and will try and convince her to give me more time. Hope it works.