SMC VISA Condition

[AD2519]

Hi Everyone,

I have been following this forum for a long time and It helped me a lot during the process of applying for my SMC visa.This is my first post and I hope I will get some suggestion from the forum about my Visa Problem.

I have applied for the Skilled migrant visa in Aug in between I swap the job and Informed the immigration and in Dec I got the case officer.All the process is done and My file is with 2nd Case officer and Hopefully, I will get the decision in the first week of January.

But the Problem is I lost the Job and it's been only one month with this Job now My question is Should I inform this situation to the immigration.I don't want to take any kind of risk as everything is been done.will it ake any negative effect if I wait till the decision?

But I am worried about the condition of S49, I am not sure If I will get this condition on the Visa stamp? if I get this condition what option I got?

Thanks

[sameer456]

Hi Everyone,

I have been following this forum for a long time and It helped me a lot during the process of applying for my SMC visa.This is my first post and I hope I will get some suggestion from the forum about my Visa Problem.

I have applied for the Skilled migrant visa in Aug in between I swap the job and Informed the immigration and in Dec I got the case officer.All the process is done and My file is with 2nd Case officer and Hopefully, I will get the decision in the first week of January.

But the Problem is I lost the Job and it's been only one month with this Job now My question is Should I inform this situation to the immigration.I don't want to take any kind of risk as everything is been done.will it ake any negative effect if I wait till the decision?

But I am worried about the condition of S49, I am not sure If I will get this condition on the Visa stamp? if I get this condition what option I got?

Thanks

Hello If you are planning to send your passport before your 3 months trial period then you might have a condition for 1 year . You will be stuck. If i was you I would wait until 3 months trial period to pass and then send passport for visa label. Your Approval letter is valid for 4 months so u can send your passport after 3 months.

If i was you i would inform of any changes to immigration. I wouldnt take risk of getting to this point putting myself into trouble.

Please dont take my advise as immigration advice. This answer is based on my personal experience.

[AD2519]

Hello If you are planning to send your passport before your 3 months trial period then you might have a condition for 1 year . You will be stuck. If i was you I would wait until 3 months trial period to pass and then send passport for visa label. Your Approval letter is valid for 4 months so u can send your passport after 3 months.

If i was you i would inform of any changes to immigration. I wouldnt take risk of getting to this point putting myself into trouble.

Please dont take my advise as immigration advice. This answer is based on my personal experience.

Hi CoolSharukh thank you for the reply.I cannot wait as I dont have Job anymore if I inform immigration Will they give me some time to find another job ???I applied on the basis of First Job and when I swap my Job I submitt my New Contract what will be the chance of getting the condition??

[JandM]

If the visa is issued with the Section 49(1) condition on it, you cannot fulfil the condition and you cannot get Residence. This is because holding that job is part of your application - without the job, your case would not have been considered. It MIGHT be possible that INZ would hold off from finalizing the outcome to allow you find another skilled job instead, but I expect this would partly depend on the circumstances under which this second job has come to an end.

If you do not tell INZ that your job has finished, you will be in even worse trouble than you are at the moment. If INZ issue a visa in ignorance of that vital fact, the visa is on a false basis, not really valid, and you could be held to have committed fraud in order to get it. That matters because of A5.25 i http://onlineservices.immigration.go...nual/35058.htm, and similar regulations for all other countries' visas - it would be a black mark against you for ANY future applications anywhere.

I am sorry for how you must be feeling. But regardless of feelings, you really do need to communicate with INZ as soon as possible, to let them know what has happened, and to see what they are prepared to do for you. An immediate concern must be what visa you can be on at the moment, because, unless you were on some kind of open visa, your work visa presumably ended with this most recent job.

[arun_mechy]

Thank you for the reply JandM I am on open work Visa which will expire in March.I was reading this information on Immigration website http://onlineservices.immigration.go...nual/30536.htm Does that apply to me?

SM4.30.10 Offer of skilled employment or skilled employment for less than 3 months

Where a resident visa is granted under the Skilled Migrant Category on the basis that the principal applicant qualifies for points for an offer of skilled employment in New Zealand or current skilled employment in New Zealand for less than three months (see SM7), the visa holder is subject to the following conditions:

In the case of a principal applicant who has an offer of skilled employment for which bonus points for employment outside the Auckland region (SM9) have not been awarded, that they:
take up that offer of skilled employment within three months of their first entry to New Zealand as a resident (if the visa was granted offshore), or the grant of their resident visa (if the visa was granted in New Zealand) ; and
remain in that employment (or another position of employment that meets the requirements for offers of skilled employment including requirements for bonus points if the offer of employment qualified for bonus points under SM8), for a period of at least three months.
In the case of a principal applicant who has current skilled employment for less than three months for which bonus points for employment outside the Auckland region (SM9) have not been awarded, that they:
remain in that employment (or another position of employment that meets the requirements for current skilled employment including requirements for bonus points if the employment qualified for bonus points under SM8), for a period of at least three months.
In the case of a principal applicant who has been awarded bonus points for an offer of skilled employment outside Auckland (SM9), that they:
take up that offer of skilled employment within three months of their first entry to New Zealand as a resident (if the visa was granted offshore), or the grant of their resident visa (if the visa was granted in New Zealand) ; and
remain in that employment (or another position of employment that meets the requirements for offers of skilled employment including requirements for bonus points if the offer of employment qualified for bonus points under SM8 or SM9) for a period of at least 12 months.
In the case of a principal applicant who has been awarded bonus points for current skilled employment outside Auckland (SM9) for less than three months, that they:
remain in that employment (or another position of employment that meets the requirements for current skilled employment including requirements for bonus points if the employment qualified for bonus points under SM8 or SM9) for a period of at least 12 months.

[arun_mechy]

Thank you for the reply JandM I am on open work Visa which will expire in March.I was reading this information on Immigration website http://onlineservices.immigration.go...nual/30536.htm Does that apply to me? I have worked in previous job for 8 months and this new Job is exactly sam with same JOb title and job responsibilities.

[JandM]

The best I can say is, it MIGHT apply, but only INZ can tell you that for certain.