Work to residence - switching employer - notice period

[boland]

I'm currently in New Zealand on a Work to Residence Visa (Talent). My Visa states the employer I'm allowed to work for. When I decide to switch employer, the new employer must be accredited and I have to submit a Variations of Conditions form.
When this "Variations of Conditions" form has been approved, I'm only allowed to work for my new employer. The form does not have a start date.
I'm planning to switch employer, but at a specific date. And, I would like to know that my Visa change will be approved, before I quit my current job.

I've asked Immigration, they say I have to attach a cover letter to request a specific start date, but that's the processing office's discretion to allow it or not.

So:
1) When should I submit this Variations of Conditions? Before giving notice to my current employer, risking that it's changed too early?
2) What are the odds that this will be declined? I'd say almost zero, as the new employer is accredited, and it's in the same area (IT).

I would think that I'm not the only one with this Visa willing to change employer, and I think it's a bit weird it's not possible to define a start date for the change?

[boland]

I now see a similar thread, but that does not make me very happy... http://www.enz.org/forum/showthread.php?t=37948
It might take up to 40 days, and could get declined? Guess that story is about different WTR visa (LTSSL), but still.
It makes me nervous. I really want to switch employer, but not get issues with Immigration...

[JandM]

I think the only reason for saying they will possibly not meet the requested start date is to cover themselves in case the workload in the INZ office got backed up and they couldn't come through in time. I don't think there's any sinister meaning behind it, only a need to be realistic. Some people might put in their application with practically zero notice, or INZ might be struck down with a flu bug at the time, so there's a need for some rule to point to and say, 'Well, we did warn you.'

Although it's a little of a Catch-22, chicken first or egg, situation, I guess they will probably come through for you if you leave a reasonable amount of time, and make it clear in your cover letter that the change should not be BEFORE the end of your notice period, as well as asking for the start date your new employer would like. As you say, given that the other employer is also accredited, it's very unlikely to be refused. It's possible there could be a bit of a time hitch, but the new employer must be well used to their foreign employees being in the hands of INZ, and would know that wasn't your fault.

[boland]

I think the only reason for saying they will possibly not meet the requested start date is to cover themselves in case the workload in the INZ office got backed up and they couldn't come through in time. I don't think there's any sinister meaning behind it, only a need to be realistic. Some people might put in their application with practically zero notice, or INZ might be struck down with a flu bug at the time, so there's a need for some rule to point to and say, 'Well, we did warn you.'

Although it's a little of a Catch-22, chicken first or egg, situation, I guess they will probably come through for you if you leave a reasonable amount of time, and make it clear in your cover letter that the change should not be BEFORE the end of your notice period, as well as asking for the start date your new employer would like. As you say, given that the other employer is also accredited, it's very unlikely to be refused. It's possible there could be a bit of a time hitch, but the new employer must be well used to their foreign employees being in the hands of INZ, and would know that wasn't your fault.

Thanks very much, makes sense.

My plan is now to give notice to my current employer this week, and also submit the Variations of Conditions this week. I'll put the start date of my new contract in the cover letter.
In the rare case that the change is declined, I'd have to apply for a new Work Visa (right?). If that is not granted before I commence at my new employer, I'll have an issue. I cannot start legally at my new employer, and my Visa requires me to work for the employer I no longer work for. Do I have to leave the country? Or, do I have to leave the country, get back in, so I'm here on a Visitor Visa? My passport is from a country that is on the Visitor Visa waiver list.
And, what about my wife, who has been granted a partner based work visa?
Hope this makes sense.

[JandM]

I cannot start legally at my new employer, and my Visa requires me to work for the employer I no longer work for.

I think you're overthinking this. Although it's not written up in the regulations, INZ know that any visa change can't happen with a click of the fingers, so they'd allow some time for sorting things out. Honestly, they are not unreasonable in such things - we have seen accounts on the threads where someone's employer let them go, or the firm went out of business, and they were allowed a period of grace (weeks) to find themselves another skilled job before there would be pressure on them to leave the country.

Do I have to leave the country? Or, do I have to leave the country, get back in, so I'm here on a Visitor Visa? My passport is from a country that is on the Visitor Visa waiver list.

So, no, you don't have to be in any hurry - just let INZ know what is happening, and let them tell YOU what is happening.

And, what about my wife, who has been granted a partner based work visa?

You will need to tell INZ about her, too - it will either be a matter of altering the details of YOUR visa on her records, or getting her another visa relating to your new one. It won't be complicated, because they already have checked out and approved the fact of your partnership.

[boland]

Awesome, thanks very much!

[aryastarkz]

Hi boland. I know this thread is a year old, but I am facing the same situation at the moment. Mind of you can post here the steps you went through? Hope to hear from you soon. Thank you very much in advance!