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Thread: Change job after resident visa is granted

  1. #1
    Join Date
    Aug 2016
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    India
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    Post Change job after resident visa is granted

    Hi,

    I am waiting for Case officer appointment to my resident visa application. I am planning to leave my current job and join new firm just after resident visa is approved, will it affect my resident visa ( Is there any chance my residence visa will be withdrawn ) ? I have been working in my current firm for last 5 months.
    Last edited by david11; 15th August 2016 at 09:00 PM.

  2. #2
    Join Date
    Feb 2008
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    Are you working in NZ?

  3. #3
    Join Date
    Aug 2016
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    India
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    yes

  4. #4
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    Aug 2016
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    India
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    Is it necessary to work in the same company for any specified time period ?

  5. #5
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    When you apply for Residence under SMC with a skilled job in NZ as part of your application, if you have not been working for that employer for at least three months, then the Residence is granted with a Section 49(1) condition on it that the applicant must work for that same employer for three months. At the end of that time, with proof (e.g. payslips, tax and financial records) that they have done the three months and are still employed there, they can go back to INZ, and get a new visa label put in their passport with NO conditions on it. From that point on, their Residence is free and clear, and they can then, within the provisions of their contract, put in their notice and leave that job if they wish. (A Resident can take any job offered, skilled or not, or run a business, or be a student, or do nothing if they have the savings to support themself.)

    Since you have already worked more than three months for your present company, you shouldn't get a Section 49(1) condition, but even if you did, it would only tie you for three months, and after that, you would be clear.

    It is probably not a good idea to talk openly about your plans to leave your present job, though, until you have been granted your Residence.

  6. #6
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    Aug 2016
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    India
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    Ok thanks for your reply. Really appreciated

  7. #7
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    Aug 2016
    Location
    New Zealand
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    Hi Jand. what if i someone is granted a residence visa within the 3 months trial period without any conditions (Section 49(1)). Can we leave the job after even if we have worked only less than 3 months.?

    Thank you

  8. #8
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    If you have a residence visa with no conditions, then Immigration has nothing to say about your keeping a job or giving it up. That would be regulated by the contract for that job, e.g. two weeks' notice on either side, or whatever it might be, which you signed.

  9. #9
    Join Date
    Dec 2015
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    Switzerland
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    If the employer breaches the contract and a number of counts, can one resign without giving notice?

  10. #10
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    Feb 2008
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    I doubt it, as that would mean you were breaking your side of the contract and putting yourself in the wrong.

    I believe that you yourself are on a residence visa, so the matter would not be of any interest to Immigration at all. You need to check, and/or get help with, NZ Employment Law. Here's one starting point. https://www.newzealandnow.govt.nz/wo...loyment-rights

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