If company close down or sold what will happen to work visa holder

[dineshtak1984]

Hi If have for I have essential work visa , and if my company close down or sold the business to another person and if they don't want to continue work with old staff member. If I notify immigration and let them know the situation, is immigration give any fair chance to allow me find a job in my field.

Also during that time, can my child continue study as domestic student ?
D

[JandM]

Yes, and yes.

[dineshtak1984]

Yes, and yes.

Hi JandM,

Thanks for your reply.

What sort of visa immigration provide me if my company close down to search another job and any idea how long the duration will be ? Also most tricky part,

what happen if I have work visa and I have submitted my all documents for PR during that time. Is it my PR processing is going to be cancel or they can wait
until I got new job and provide all my new companies details.

I know this all are not going to easy for me but still at least I can get an idea if situation is getting worst.

Thanks
D

[JandM]

What sort of visa immigration provide me if my company close down

None - they just hold back from insisting you leave the country, if they think you have a reasonable chance of getting re-employed in a fairly short delay. (And if one company has closed, so your visa is made to lapse, you must not do any other work until you have applied for a different visa for it.) This is not written up anywhere that is publicly available. I think it is probably a matter of discretion allowed to INZ officials in some circumstances.

and any idea how long the duration will be ?

No. I expect it entirely depends on the official's judgement in an individual case.

what happen if I have work visa and I have submitted my all documents for PR during that time. Is it my PR processing is going to be cancel or they can wait until I got new job and provide all my new companies details.

This must be up to the discretion of the INZ CO working the case. I have seen people on the forum in this situation whose COs have agreed just to put the case to one side for a short time, when there was a real prospect of a new job soon. But INZ have a right to refuse the application immediately, when holding a skilled job in NZ is an integral part of the application. If, without that skilled job, the person does not meet the requirements (which would be 140 points for the EOI to have been selected), they can just stop the whole thing.

One more thing - the application under SMC is for Residence. That might help you if you have to discuss this with INZ. PR is an entirely different visa that people can qualify for only after two years as a Resident.

[dineshtak1984]

None - they just hold back from insisting you leave the country, if they think you have a reasonable chance of getting re-employed in a fairly short delay. (And if one company has closed, so your visa is made to lapse, you must not do any other work until you have applied for a different visa for it.) This is not written up anywhere that is publicly available. I think it is probably a matter of discretion allowed to INZ officials in some circumstances.
No. I expect it entirely depends on the official's judgement in an individual case.

This must be up to the discretion of the INZ CO working the case. I have seen people on the forum in this situation whose COs have agreed just to put the case to one side for a short time, when there was a real prospect of a new job soon. But INZ have a right to refuse the application immediately, when holding a skilled job in NZ is an integral part of the application. If, without that skilled job, the person does not meet the requirements (which would be 140 points for the EOI to have been selected), they can just stop the whole thing.

One more thing - the application under SMC is for Residence. That might help you if you have to discuss this with INZ. PR is an entirely different visa that people can qualify for only after two years as a Resident.

Thanks for your reply JandM:

Now here is my exact situation I would like to mention you.

I am working in company from 3 years almost. I have applied earlier for my residency but got decline due to my job experience.
Now, I have applied for EOI in December 2015 after immigration change their rules. I havne;t got my ITA yet. My work visa is due to expire in end of feb 2016. I need to apply work visa but my adviser said we can apply once we got ITA so we don;t have to do labour check. That all side is ok.

But Now I have big big issue coming which I never thought.

My company planning to sell their business to another company. I don't know when they are going to finalise the deal. May be in next two week or may be in next 2 month. Even my Boss not telling me clearly.
Now I feel I am going to be in very bad situation what should I do with all this with my visa and my residency process.

Also, I am not sure that new company is going to hire me in same position or not. So don;t know that side as well.

I also did not discuss with my advise yet because I feel if they know the situation they would like to ask more money to guide me for new process. I already paid them 70% and only did EOI yet.

Please guide me in this situation.



Thanks
D

[l00k]

I feel so sorry for your situation. Facing uncertainty is never a comfortable experience.

I think you should prepare for the worst, if you are jobless once the take-over is done, you should be ready to apply for another job. I think INZ will give you some times as they understand that the restructure is beyond your control.

By the way what do you mean by " I am working in company from 3 years almost. I have applied earlier for my residency but got decline due to my job experience. " ?

I never heard of case got declined due to job experience. As far as I know, most declined cases happened because the job is not perceived by INZ as being "skilled"

[dineshtak1984]

I feel so sorry for your situation. Facing uncertainty is never a comfortable experience.

I think you should prepare for the worst, if you are jobless once the take-over is done, you should be ready to apply for another job. I think INZ will give you some times as they understand that the restructure is beyond your control.

By the way what do you mean by " I am working in company from 3 years almost. I have applied earlier for my residency but got decline due to my job experience. " ?

I never heard of case got declined due to job experience. As far as I know, most declined cases happened because the job is not perceived by INZ as being "skilled"

Hi,

Thanks for your response.

I have applied residency a half an year ago. as web designer, I have studied here in level 6. But I have freelancing experience in the india in same field more that a 5 years. Thats why I applied but when my case went to immigration they asked me
the to provide more details of the work experience because its not from new zealand and its from as freelancer. I have provided enough document what ever I have. They calculated my experience only the day I got payments for my work.
So all in conclusion they said its just 1.5 year experience I have and 1.75 experience in new zealand its less than 5 years and skill job requirement and also I did level 6 and for qualification requirement I need level 7 or above.
And thats the reason I got decline because its not qualify my skill job requirement for residency.

Anyways, Let say if new company hire me or if I get any another job during that time. Should I have to apply again for my visa and EOI process , ITA etc. ??

Best Regards,
D

[JandM]

if new company hire me or if I get any another job during that time. Should I have to apply again for my visa and EOI process , ITA etc. ??

If the new company hires you so you continue in the same job, you could probably keep the same work visa but would have to get a Variation of Conditions for the new employer's name. If you got another job that was equally skilled (same skills) and in the same neighbourhood, you might also be able to get Variation of Conditions for that. As soon as there is any bigger change, though, like the new employer getting you to have different responsibilities, or you moving to a new area, you would have to apply for a new temporary work visa giving proof of the new situation.

If you get a new skilled job, details of it can be sent to INZ as part of your application under SMC. Even if you had already put in your EOI, or had got as far as lodging your ITA, INZ will take notice of a new job and check that out to make sure it meets the requirements. If it's skilled, in the skill you have proved, you don't have to start a whole new application just because of having a new job.

[dineshtak1984]

If the new company hires you so you continue in the same job, you could probably keep the same work visa but would have to get a Variation of Conditions for the new employer's name. If you got another job that was equally skilled (same skills) and in the same neighbourhood, you might also be able to get Variation of Conditions for that. As soon as there is any bigger change, though, like the new employer getting you to have different responsibilities, or you moving to a new area, you would have to apply for a new temporary work visa giving proof of the new situation.

If you get a new skilled job, details of it can be sent to INZ as part of your application under SMC. Even if you had already put in your EOI, or had got as far as lodging your ITA, INZ will take notice of a new job and check that out to make sure it meets the requirements. If it's skilled, in the skill you have proved, you don't have to start a whole new application just because of having a new job.

Hi Jand,

Thanks for reply.
Let say worst case, because I know this is all going on and I will be get problem in my residency file and work visa ? Should I withdraw my EOI because its still not come. And
apply visitor visa to get at least 3 month to find another job properly. Because I have only a month now. And I know that it is next to impossible to find a job in a month. So I fill better to get visitor visa for my family and try to find out proper way. What do you suggest on that ?

Thanks
D

[ChrisMwn]

If, as you say, you have an adviser, these are the sort of questions you should be putting to them.