Is a 12 Months fixed term contract with 30 work hours per week sufficient for SMC?

[Jasper Li]

Hello everyone,

My case is previously I have been working for an employer as a casual employee from last Nov till this July when I was in the university. During that time, I worked full time in holiday and part time in semester. After my graduation last month, the employer offered me a 12 months (1 Aug 2015 - 29 Aug 2016) fixed term contract with 30 worked hour pw. I have used this contract applied Study to Work visa (Employer Assistant) and submitted EOI last week. This week I got notified my EOI has been selected for ITA. But I am still having some uncertainties about my employment:

- I know the rule is for fixed term contract, 12 months is enough. But will INZ have concern about my employment which could potentially impact my application?

- Do I need to include my previous casual contract in the documents to put more weights to provide my current employment is ongoing and continuous?

- My boss told me possibly they will offer me a permanent role when this contract is finished which is depends on how the project goes. Is that better to let my boss write a letter to indicate this as supporting documents for my application?

Any suggestions will be appreciated!

Thanks

[JandM]

You may have seen previous posts from people in a situation like yours. The requirements SAY 12 months, but what happens in practice doesn't seem to take that as definitely enough. Sometimes INZ are happy with the 12-month contract, and other times, they query whether there is a prospect of further work, and the applicant needs to ask the boss for a letter stating the likelihood of a further contract in the future (so if your boss will do that, it will certainly be helpful), or show evidence that there are other businesses in the same sphere who are looking for workers with their skill, so they are very likely to be able to find another skilled job if they have to move on.

[Jasper Li]

Thanks JandM! Hopefully INZ will be happy with my contract If not, will talk with my boss to provide the letter. Let's see what will happen.

[JandM]

Good luck.

[Pooja]

Hi Jasper,

I have applied under SMC and awaiting a case officer.I am in a similar situation,my employer has given me a fixed term contract because of my current work visa.They have given me a conditional offer of permanent employment subject to my residency being approved.How did ur application come along?did the CO have issues with the fixed term contract?

Thanks

[harry_wib]

Hi Pooja. Could you please share your timeline?

[Pooja]

Sure..

02 March 2016 : EOI selected@190 points
15 March : ITA received
03 May : ITA sent
09 May : ITA recieved @ AKL central branch confirmation

Awaiting CO

[sunfu]

This dread is very helpful to my current situation!
Thanks!

[kavya monnappa]

Hi Pooja,

My husband is in the same situation now.

He has a 12 month contract which is filling in for a person's maternity. IN his contract there is nothing mentioned about the possible extension after 12 months. I am curios to know if your application was smooth or you found any difficulty. he is planning to apply for EOI in 2 weeks.**We wanted to be sure of all the possibilities and situations to be prepared for.

or anyone else in the same position kindly reply.

[ChrisMwn]

Employment must be ongoing and sustainable. Ongoing and sustainable employment is:
an offer of employment or current employment, with a single employer, that is permanent or indefinite, and of which the employer is in a position to meet the terms specified; or
an offer of employment or current employment with a single employer, for a stated term of at least 12 months; or
employment on a contract basis where the applicant:
has a consistent history of contract work, and
has a current contract for services, and
INZ is satisfied that such contract work is likely to be sustained.
Note: When assessing whether employment is sustainable, officers may consider, but are not limited to, such factors as the residence status of the employer, the period for which the employing organisation has been established as a going concern, and the financial sustainability of the employing organisation.

Where an offer of employment or current employment is for a stated term of at least 12 months, the stated term must be valid both at the time the application is lodged and when the application is decided, in particular:
~ if the applicant has current employment, he or she must be in that employment, or
~ if the applicant has an offer of employment, the offer must continue to be valid.