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Thread: 1 yr contract job offer (maternity cover) eligible to apply under SMC?

  1. #1
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    Default 1 yr contract job offer (maternity cover) eligible to apply under SMC?

    Hi Everyone,

    I've been trying to research if I can apply for residency under SMC even though my existing job is a 1-yr contract (maternity cover). My line of job is included in the Skilled Jobs List (IT Business Analyst).

    Anyone here who had similar situations before that got residency? Your advice will be greatly appreciate

    Thanks in advance

  2. #2
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    Feb 2008
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    Default

    Although the regulations say that a one-year contract is the minimum for this (so it looks as though applications should go straight through on that basis), in practice many people have found that INZ look for assurances that there will be further work forthcoming. People's results have varied, depending on what evidence they have been able to bring forward, either that the same company is likely to want more work from them after this one 12 months, or that there is a network of other employers who are aware of them and are likely to have openings.

  3. #3
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    Thanks for the info, JandM. I also read from immigration website that the contract should indicate that the contract can be renewed for it to be eligible for application. Sad to say, my contract doesn't have such statement and I'm really looking for other options I can look into so that I can apply under SMC. Hopefully, situation will change and the company will offer me a permanent job in the future

  4. #4
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    Aug 2014
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    Unhappy

    Hi,

    further to my question in this topic, I realized that a similar thread previously posted back in Jan 2013 (http://www.enz.org/forum/showthread.php?t=40200) says that:

    The definition of skilled employment in immigration website is:

    What is skilled employment?
    Skilled employment is employment that requires specialist, technical or management expertise.

    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.

    Ongoing means your job offer must be for employment with a single employer in a job:
    -which is clearly stated to be 'permanent', or 'indefinite', or
    -for a term of at least 12 months, with an option for you of further employment after that time.

    If you are offered a contact and have a history of working on contracts in your occupation, then this may be accepted as ‘skilled employment’ if INZ is satisfied that the work is likely to continue.
    Sustainable means INZ must be satisfied that the employer can afford to pay you the stated salary or wages.
    [/I]
    [/B][/I]

    However, when I checked the Immigration website now, the part where it should say "with an option for you of further employment after that time..." is not there anymore. Does this mean that there was a change in the rule about Contract Employment and the contract doesn't need to explicitly state that it is renewable?

    Here's the "new version" I see in the website:

    What is skilled employment?
    Skilled employment is employment that requires specialist, technical or management expertise.

    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.
    Ongoing means your job offer must be for employment with a single employer in a job:
    which is clearly stated to be 'permanent', or 'indefinite', or
    for a term of at least 12 months.
    If you are offered a contract and have a history of working on contracts in your occupation, then this may be accepted as ‘skilled employment’ if INZ is satisfied that the work is likely to continue.

    http://www.immigration.govt.nz/migra...ledemployment/

    I'm confused now ...please help

  5. #5
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    Feb 2008
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    INZ have changed the wording. But what you need to take notice of is the precise nature of the regulations in the Operational Manual.

    Look here http://www.immigration.govt.nz/opsmanual/30549.htm at SM7.15 b. It's based on that that I said what I did above.

  6. #6
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    Sep 2016
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    India
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    Default

    HI ellecir ,

    I am curios to know the status of your situation. As I am in exact same boat as of now. your reply will be highly appreciated. or anyone who has been in a 1 yr contract without the future employment offer can answer this thread.

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