Variation of Condition for Post-study Work Visa (Employer assisted)

[hznry]

Hi everyone

I'm currently on the Post-study Work visa employer assisted which will expire in Jan 2018 and only restricted to 1 employer who is an accredited employer. I just got another job offer and have signed the contract with a new employer (I studied Accounting and the new position will be Assistant Accountant). My new employer has completed the INZ 1113 Employer Supplementary Form and I have completed the INZ 1020 (App for Variation of Condition).

My questions are
(1) Since my new employer is not an accredited employer, is there anything else they need to provide to support my application, like supporting letter or ?
(2) Is there any other documents I need to provide in addition to INZ 1020, INZ 1113, and the employment agreement (signed) with job description attached?
(3) What would be the usual timeframe for this type of application? My post-study work visa was processed in only 1.5 weeks however I was told that the application for variation of condition will take 25-30 working days which is much more than the notice period I currently have for current job.

I'm just a little worried because I'm not sure if I have backed myself up enough and if there's anything else INZ can base to reject my application. I would really appreciate your advice about this and thank you very much for your help.

[San11]

hi, just want to share as per my close friends experience:
1. As you are on Employer assisted work visa, then all you need is just a study relevant job so there is no need of supporting letter.
2. Job offer letter ??
3. timing, it depends as per the work load they are handling. sometimes week to sometimes months, so take average of 4-6 weeks.

I have a close friend who has done 3 times variation of condition during the employer assisted work visa but watching his experience, i can assure you its not a tough thing, its easy as, because you have got a job offer and its very unlikely to get rejected on your application as you have got the job as per your qualifications.

hope it helps and go for it buddy! goodluck!

[hznry]

hi, just want to share as per my close friends experience:
1. As you are on Employer assisted work visa, then all you need is just a study relevant job so there is no need of supporting letter.
2. Job offer letter ??
3. timing, it depends as per the work load they are handling. sometimes week to sometimes months, so take average of 4-6 weeks.

I have a close friend who has done 3 times variation of condition during the employer assisted work visa but watching his experience, i can assure you its not a tough thing, its easy as, because you have got a job offer and its very unlikely to get rejected on your application as you have got the job as per your qualifications.

hope it helps and go for it buddy! goodluck!

Thank you very much. I was thinking of offer letter however I did not receive it as I only had verbal offer and the next day they sent me the contract to sign straight away. Is it a requirement to have the job offer letter as well? As to my logic the offer isn't a legally binding contract like the employment agreement so will have less power compared to the signed agreement...

Because I will start at new place on 31 October, assuming my application will not be processed by then, does it mean that I cannot be able to start with new employer?

Thank you again.

[JandM]

Because I will start at new place on 31 October, assuming my application will not be processed by then, does it mean that I cannot be able to start with new employer?

You must not start with the new employer until you have the Variation of Conditions so your visa mentions HIS business, not the previous one. Otherwise you would be working without a visa.

[hznry]

Thank you JandM.

Just another question I'm very unsure and received conflicting information about. Could you please clarify if I have to terminate my current employment instantly if my application for variation of condition is approved or I can still be able to serve till the end of notice period, assuming the approval comes before notice period ending? This is because I called INZ this morning and I was told that I have to cease employment immediately once my visa is approved. However another person said that I can inform INZ of my notice period with current employment and start date at new employment and flexibility can be given.

Imo it would be quite unreasonable for both employee and employer to terminate employment instantly as we don't know exactly when the application is approved or declined as everything is now dependent on INZ. I hope to hear your elaboration on this and thank you very much for your time.

Thanks again

[JandM]

You have to depend on INZ for this. It's quite right that as soon as you get the VOC, you are no longer legally allowed to work for your present employer. You therefore need to make it very, very clear to INZ exactly when you want the VOC to take effect from, including your notice period, and hope they get it right. There isn't any allowance of 'flexibility'. If INZ unfortunately get it wrong, you still have to abide by the date on the VOC.

[hznry]

I received this email today from the CO which I find it very confusing.

Our assessment of your application
We have completed an assessment of your application and have identified the following issues which may have a negative impact on the outcome of your application:

Instruction E3.26.1 Varying the conditions of work visas states
a. In order to meet the objective of Essential Skills instructions, particularly WK1.1(c), Essential Skills visa holders seeking to change occupation or place of employment will not be granted a variation of conditions and must instead apply for a new work visa, unless their occupation is listed on the Essential Skills in Demand Lists and the applicant meets the requirements of the list.

Your job offer is for a new occupation and it is not listed on the shortage lists. As such you do not meet the requirements to be granted a VOC. Should you wish to test you eligibility for an essential skills as noted under WK2.5 as well evidencing efforts to determine whether New Zealand citizens or residents are available as noted under WK2.10. This includes detailing why any New Zealand Citizen/Residents applicants were not suitable for the role as well as providing the CVs of those applicants that applied to support the reasons why those applicants were not suitable.

As the issues detailed above may affect the outcome of your application, we are bringing them to your attention out of fairness to you.

We have not made a decision on your application at this stage. This letter gives you the opportunity to make any comments and submit any additional evidence or information in relation to these issues.


I applied and got approved of current work visa under the Post study employer assisted category. However this CO asked me for evidence under the Essential skills category. I called him and he told me I cannot apply for VOC because I both change to new job and to new employer and VOC is only meant for people who change either job or employer only not both. And I have to put through a new work visa application for this. This is very confusing and conflicting with what I read on the Immigration website and what I gathered from others' experience on here.

Could you please advise what I should/could do in this situation? Was it indeed wrong to apply for the VOC under this circumstance? (Recap: i have bachelor degree in Accounting, was granted Post study work visa employer assisted in Jan 2016 and just had a job offer for assistant accountant job at a different place, applying for VOC)

Thank you very much for your help.

[JandM]

I'm wondering if INZ are suggesting that you can't actually get VOC on a post-study work visa - did the CO say anything about that? On the INZ website, this page https://www.immigration.govt.nz/new-...emporary-visas, there's no mention of the post-study visas, and it does say, "If your visa conditions no longer match your circumstances, you may apply for a variation of conditions. However in some situations you may need to apply for a new visa instead."

[hznry]

Hi JandM

During the call he told me very affirmatively that because I changed both job and employer I will need to apply for a new work visa, which as you can see on the link you attached it only applies for Work Visa under Essentials skills category, which my visa is not granted under...
Then I told him that but my visa was not essential skills visa so I thought I wouldn't be subjected to labour market test like Essentials skills visa. I also emailed him the operation manual snippet for Post study work visa employer assisted on Immigration website.
Then he appeared to look back at my records and said 'ohhh so you're already granted a post study work visa employer assisted in Jan 2016 I see what you mean now' and told me he would get back to me by yesterday afternoon, which I still haven't heard anything back to confirm what I should do for now

It's very frustrating to be told conflicting information on the website and even in person and now I'm pretty much left with no confirmation as to what to do. So I came to ask if I have done the right things because as far as I'm aware there is no recent change in legislation or rules about this for the post study work visa employer assisted when applicants change job as long as it's related to qualification.

[JandM]

Yes, of course, it's very frustrating, but I don't think at this stage you can do anything different until you have talked to or heard from the CO again. It sounds as though he suddenly realized he had been looking at the wrong regulations - COs are human, so mistakes can happen. Quite likely he needed to consult with a senior colleague, to know what to do next. But since he said he would get back to you on the same day, and hasn't yet, you would be well within your rights to call him again in the next short time if he doesn't call you first.