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Thread: CO wants me to have a consistent history of contract work whereas I am still on my first contract since 18 months

  1. #1
    Join Date
    May 2016
    Location
    New Zealand
    Posts
    3

    Angry CO wants me to have a consistent history of contract work whereas I am still on my first contract since 18 months

    Hi Guys

    Thanks a lot for creating this forum as it has helped me to apply for my residency [SMC for Software Tester]

    Please find my details below:

    EOI Submitted: 20 Jan'16
    ITA Received: 10 Feb'16
    ITA Docs. Submitted: 23 March'16
    CO Assigned: 20 May'16
    Points claimed: 220

    Education: Level 7 Grad. Diploma in Computing: July'14 - July'15
    Contracting for Accredited employer ABC through recruitment agency XYZ.
    First contract: 1 Dec'14 - 30 Nov'15
    First Extension: 1 Dec'15 - 27 May 16
    Second Extension: 27 May'16 - 2 Dec'16
    Open Work Visa Expiry: 5 Aug'16

    The CO called me today afternoon and discussed about my contract work with ABC. before sending out the following in email.
    He discussed about SM7.15b 'Employment must be ongoing and sustainable. Ongoing and sustainable employment is':
    1. 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
    2. an offer of employment or current employment with a single employer, for a stated term of at least 12 months; or
    3. employment on a contract basis where the applicant:
    a. has a consistent history of contract work, and
    b. has a current contract for services, and
    c. INZ is satisfied that such contract work is likely to be sustained.

    He mentioned the following based upon the above:
    "While it appears that you meet the last two requirements, the fact that you have only ever undertaken contract work with
    ABC seems so suggest that you are unlikely to possess a consistent history of contract work."


    He has asked me to provide the following:

    "Given the above, you will need to do one of the following:
    1. Provide evidence that you do have a consistent history of contract work
    2. Provide evidence of a new employment (which is skilled) that is either permanent/indefinite OR
    for a stated term of at least 12 months (with genuine reasons based on reasonable grounds for specifying that the
    employment is fixed for the duration that is specified)"


    While on the phone I told him that I am working on a Govt. project and it is very big, and being a key team member I am getting an extension, that is why I never looked for other contracts because the work here is really good. He then said, "You can mention this in the email which I will be sending out"
    But he insisted on the point 3.a. above (has a consistent history of contract work) and asked me to one of the 2 things mentioned above, out of which the first thing regarding providing evidence of a consistent history of contract work is ruled out, which he knows but still he sent this out.

    Before he asked me this, I asked him what if I find one more contract work, then he said it won't still be a history because you will have only one previous contract! Isn't the first contract a history then?!
    Then I told him that I have also worked in the same occupation in my home country (India) for 2 years, to which he said "But that was not a contract job!"
    I said this because I wanted to let him know that I have good experience in my occupation to obtain a further contract/permanent employment.

    I figured out that Immigration is now being strict on people having only one contract work as their record.

    Though I am still motivated to find an opportunity within next 30 days, any kind of help/comments are highly appreciated

    Thanks for your time.

    Cheers
    Vikram

  2. #2
    Join Date
    Dec 2014
    Location
    The Shire
    Posts
    406

    Default

    Things would be much easier if you negotiate with your organisation to make an employment agreement rather than rendering yourself as an independent contractor. In NZ, employee is distinguished from independent contract, though the borderline isn't clear, but the general rules are set out by the IRD.

    "Given the above, you will need to do one of the following:
    1. Provide evidence that you do have a consistent history of contract work
    2. Provide evidence of a new employment (which is skilled) that is either permanent/indefinite OR
    for a stated term of at least 12 months (with genuine reasons based on reasonable grounds for specifying that the
    employment is fixed for the duration that is specified)"

    Option 2 seems easier. A new employment doesn't mean you have to get another job with a different organisation. As long this this govt. organisation is happy to give you a new contract, ideally indefinite/long term, stating that you're an employee (like eligible for sick leave, holiday pay, subject to PAYE etc), you can give it to your CO and all is well. How you tackle entirely depends on your power of negotiation Good luck

  3. #3
    Join Date
    May 2016
    Location
    New Zealand
    Posts
    3

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    Hi l00k

    Thanks for your reply.

    But the thing is I am working for ABC Org. and their client is Govt. client, the govt. client has not contracted me directly. Moreover I am rolling off from the project this Friday, but my contract is still on, though I won't be getting paid after Friday.
    So, it is bit difficult and the only option is new job (but TnC like option 2 stated above)

  4. #4
    Join Date
    Dec 2014
    Location
    The Shire
    Posts
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    Good luck Vikram Given you have 220 points you must have a lot of work experience and the right qualification. I hope you get a firm job offer with permanent contract soon.

  5. #5
    Join Date
    Aug 2008
    Location
    Near Wellington - New Zealand
    Posts
    46

    Default

    Vikram

    Have you just had one 18 month duration contract? or was this a series of shorter contracts with the same company for the same end client? If the latter then you have a good case for arguing that you've actually had 3 (or 4 ) contracts - all for the same company.

  6. #6
    Join Date
    May 2016
    Location
    New Zealand
    Posts
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    Default

    Thanks a lot l00k


    @AdrianT:

    Thanks for your reply.
    I got one point from your comment is that while submitting docs. I showed my contract from 1 Dec'14 to 27 May'16 as one,
    but in fact they were two (first: 1 Dec'14-30 Nov'15 and second: 1 Dec'15-27 May'16)
    So, now I am planning to submit these 2 separate contracts plus the one which I have now i.e. 28 May'16 2 Dec'16.
    Hopefully it will help.

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