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Thread: Offer for Casual Employment in Skilled Occupation - Resident Visa

  1. #1
    Join Date
    Oct 2016
    Location
    Sydney, Australia
    Posts
    2

    Question Offer for Casual Employment in Skilled Occupation - Resident Visa

    Hi all the wonderful souls of ENZ,

    I am planning to apply for Resident Visa under Skilled Migration Category as a University Tutor (Skilled Occupation Level 1).
    I currently have two potential job offers as a University Tutor for first semester in 2017 - but none of these offers is full-time.
    - one from a university in Christchurch (potentially 6 hours per week + some additional workload)
    - the other from a university in Auckland (they said they definitely have work available for me but they will determine the exact role by the later half of October - and I'm expecting a better offer from them than the Christchurch one).

    I currently have 3.5 years part-time experience as University Tutor in a comparable market (Australia) (15 hours per week, based on a 52 weeks year, but the actual average is much higher since academic years are much shorter).
    Also, I have a level-09 recognized qualification (Masters).
    And an IELTS score of L8.5, R9.0, W7.5, S8.0.
    Lastly, I have sufficient funds available for sustenance.

    My questions:

    1. Can I claim points for these job offers, although they are not full-time? (If I can't, then I only have 100 points in which case EOI is a dream! )
    2. Can the emails (usually from Head of School or Program Directors) be treated as job offers for the purpose of lodging EOI? (e.g. the Christchurch employer has specified that he can offer me a certain number of hours definitely, plus some additional hours depending on availability at that time)
    3. Does my ability to successfully acquire employment in my nominated skill signify that there is demand for my skill in NZ?

    Looking forward to your replies, especially JandM!

    Thanks,
    s.


    P.S. I didn't see the requirement for job offer to be for full-time employment anywhere except only one place, page 11 of Form INZ1101, under the definition of Full-Time Employment, which is why I'm a bit confused whether it's talking about claiming points for experience or for job offer or both

    Full-time employment
    Employment is full time if it averages at least 30 hours a week. You can only gain points for skilled
    employment that is full-time.

  2. #2
    Join Date
    Oct 2013
    Location
    New Zealand
    Posts
    2,283

    Default

    To claim points, the job offer must be full time. (30 hours per week or more, from a single employer. It can though be on a contract basis and does not necessarily need to be ongoing)


    SM7.15 Additional requirements for skilled employment

    Skilled employment only qualifies for points if the employment is:
    full time (employment is full-time if it amounts to, on average, at least 30 hours per week); and
    genuine; and
    for a position that is paid by salary or wages or in terms of a contract for service (payment by commission and/or retainer are not acceptable), and
    accompanied by evidence of full or provisional registration, or evidence of eligibility for registration by the New Zealand Medical or Dental Council subject only to an interview with the relevant registration authority on arrival, if full or provisional registration is required by law to undertake the employment (see SM19.20); and
    Note: For medical practitioners, registration within a 'special purpose scope of practice' is not full or provisional registration for the purpose of a resident visa application or a work to residence application.

    the employment was not offered as a result of payment made by the applicant (or their agent) to the employer
    (or their agent) in exchange for securing that offer of employment. Such practices are contrary to the principles
    of the Wages Protection Act 1983, as well as to immigration instructions.
    Note: To determine whether an offer of employment is skilled, an immigration officer may consider whether the remuneration offered for the position is comparable to the market rate for New Zealand workers in that occupation.

    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.

  3. #3
    Join Date
    Oct 2016
    Location
    Sydney, Australia
    Posts
    2

    Question Damn you SM7.15(a)(i) !!!

    Thanks for your reply ChrisMwn. This is really helpful, disheartening, but helpful.

    I could do away with SM7.15(b)(iii) since I do have a consistent history of contract work, and since casual tutors are hired on contractual basis each semester, but I can not surmount SM7.15(a)(i), the Mount Everest between me and my dream country!

    Could I pick your brain on any other possible visa options, given the circumstances stated above?

    Thanks again!

  4. #4
    Join Date
    Mar 2015
    Location
    india
    Posts
    26

    Default

    Hi there

    Did you get any further in this? My sister has the same situation and just wondering what to do.

    Tnx

    R

    Quote Originally Posted by syed87 View Post
    Thanks for your reply ChrisMwn. This is really helpful, disheartening, but helpful.

    I could do away with SM7.15(b)(iii) since I do have a consistent history of contract work, and since casual tutors are hired on contractual basis each semester, but I can not surmount SM7.15(a)(i), the Mount Everest between me and my dream country!

    Could I pick your brain on any other possible visa options, given the circumstances stated above?

    Thanks again!

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