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Thread: Angry employer

  1. #1
    Join Date
    Oct 2016
    Location
    nz
    Posts
    25

    Default Angry employer

    Hi guys! My friend had a resident visa a year ago under SMC and decided to leave the company because he fullfilled s49 condition.
    He told this to his boss and the boss started to blackmailing. if you will leave now then I will write to immigration that your job was fake.
    And his job is not fake.
    My question is: is it possible? I mean if employer will do such a thing would it be harmful for my friend and his visa?

  2. #2
    Join Date
    Jul 2016
    Location
    Wellington
    Posts
    241

    Default

    hey natatakiwi, did you get your passport with residence label? sorry off the topic..

  3. #3
    Join Date
    Oct 2016
    Location
    nz
    Posts
    25

    Default

    Quote Originally Posted by coolsharukh611 View Post
    hey natatakiwi, did you get your passport with residence label? sorry off the topic..
    Yeah, last week =)


    But I am now asking about my friend situation =)

  4. #4
    Join Date
    Oct 2016
    Location
    New Zealand
    Posts
    13

    Default

    The boss is just making empty threats. Your friend is a resident now, and is not required to stay there. The boss would be in trouble for providing a contract for a fake job, so would himself have broken laws.

  5. #5
    Join Date
    Feb 2008
    Posts
    37,546

    Default

    Quote Originally Posted by natatakiwi View Post
    Hi guys! My friend had a resident visa a year ago under SMC and decided to leave the company because he fullfilled s49 condition.
    He told this to his boss and the boss started to blackmailing. if you will leave now then I will write to immigration that your job was fake.
    And his job is not fake.
    My question is: is it possible? I mean if employer will do such a thing would it be harmful for my friend and his visa?
    Your friend, as part of his application under SMC, must have submitted documents from the employer - job offer letter and contract - and the documents and the employer's business would have been checked out as genuine by INZ. So that is all done and in the past and can't be affected.

    Now, has your friend taken his evidence of working there for the length of time in the Section 49(1) condition along to INZ, and had the condition removed from his visa? Once he has done that, his residence will be clear of all obligation to the employer as far as INZ is concerned. His legal obligation then only depends on what the contract says about the length and terms of notice to be given, and that is under employment law. (It is a nonsense for this employer to state that he would tell INZ the job was a fake, when there are all the tax and financial records and pay slips which PROVE that your friend worked there, the boss paid him regularly, and he was taxed on it.)

    INZ don't do what one individual person tells them. There are clear rules.

  6. #6
    Join Date
    Oct 2016
    Location
    Netherlands
    Posts
    76

    Default

    just to be on safe side tell ur friend to update visa label on his passport with 49 conditions removed. then he can leave the job and as JandM said these are empty threats doesnt matter.

  7. #7
    Join Date
    Oct 2013
    Location
    New Zealand
    Posts
    2,283

    Default

    I'm inclined to agree. if the job offer and employer were genuine in the first place, then there is nothing to worry about. The employer is likely to bring more trouble on himself and liekyl to have trouble employing other migrants in the future. Get those S49 conditions removed.

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