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Thread: Working in Christchurch Office only, does it count as "outside of Auckland"?

  1. #1
    Join Date
    Dec 2016
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    Auckland, NZ
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    39

    Unhappy Working in Christchurch Office only, does it count as "outside of Auckland"?

    Hi everyone,

    I just got a job offer to work for a company in Christchurch. They have their R&D branch there and sponsor my talent (accredited) visa. So far so good.

    My plan was to apply for the SMC category visa as soon as I have the talent visa. Having this job and outside of Auckland would lift me just to 160 points on their points calculator. However, I always calculated for "outside of Auckland", because I'd be in ... Christchurch, which is not even on the same island and nowhere near Auckland. But I have now recognised that the company is registered in Auckland which, if INZ just takes this address as my place of work, it would cost me 30 points just because they assume I'd be working in Auckland. It would be a shame...

    Is there any chance, that there is such a thing called "to work in a branch" when applying for a visa? Or was I just out of luck and should have checked better in the first place?

    How have other people handled setups like this in the past?

    Am I now forced to wait for 2 years for my PR?

    Thank you!

  2. #2
    Join Date
    Oct 2016
    Location
    Christchurch
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    73

    Default

    I think if your employer can write in your job offer and agreement that you will be posted/working at Christchurch site, you will be fine. To be on safe side you can ask a supporting letter from your boss saying you are posted at chch branch etc..

    I hope that was helpful You can also ring INZ auckland helpline number to confirm the same

    good luck

  3. #3
    Join Date
    Oct 2013
    Location
    New Zealand
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    2,283

    Default

    Quote Originally Posted by yesno View Post
    Hi everyone,

    I just got a job offer to work for a company in Christchurch. They have their R&D branch there and sponsor my talent (accredited) visa. So far so good.

    My plan was to apply for the SMC category visa as soon as I have the talent visa. Having this job and outside of Auckland would lift me just to 160 points on their points calculator. However, I always calculated for "outside of Auckland", because I'd be in ... Christchurch, which is not even on the same island and nowhere near Auckland. But I have now recognised that the company is registered in Auckland which, if INZ just takes this address as my place of work, it would cost me 30 points just because they assume I'd be working in Auckland. It would be a shame...

    Is there any chance, that there is such a thing called "to work in a branch" when applying for a visa? Or was I just out of luck and should have checked better in the first place?

    How have other people handled setups like this in the past?

    Am I now forced to wait for 2 years for my PR?

    Thank you!
    SM9.10 Definition: Employment outside the Auckland region
    See also Health and Safety in Employment Act 1992 s 2
    Employment is outside the Auckland region if the principal applicant's entire or principal place of work (as defined in section 2 of the Health and Safety in Employment Act 1992) is not within the territories covered by the Auckland Council.

    Note: The Health and Safety in Employment Act 1992 defines a 'place of work' as meaning a place (whether or not within or forming part of a building, structure, or vehicle) where any person is to work, for the time being works, or customarily works, for gain or reward; and, in relation to an employee, includes a place, or part of a place, (not being domestic accommodation provided for the employee):

    ~ Where the employee comes or may come to eat, rest or get first aid or pay; or
    ~ Where the employee comes or may come as part of the employee's duties to report in or out, get instructions, or deliver goods or vehicles; or
    ~ Through which the employee may or must pass to reach a place of work.

  4. #4
    Join Date
    Dec 2016
    Location
    Auckland, NZ
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    Great. This is a relief. Unfortunately there is no room to include this place of work in the forms for the talent visa application. And the contract is also signed already. But I will ask the employer for the supporting letter or another exhibit to the contract, which I can upload together with my talent application. I don't know if it helps for my chances to get the talent visa but I want to be as supportive as I can. And, for a subsequent SMC application it will be good to have this sorted out right from start, right?

  5. #5
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    Oct 2013
    Location
    New Zealand
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    Quote Originally Posted by yesno View Post
    Great. This is a relief. Unfortunately there is no room to include this place of work in the forms for the talent visa application. And the contract is also signed already. But I will ask the employer for the supporting letter or another exhibit to the contract, which I can upload together with my talent application. I don't know if it helps for my chances to get the talent visa but I want to be as supportive as I can. And, for a subsequent SMC application it will be good to have this sorted out right from start, right?
    Place of work is only an issue if you are claiming out of Auckland bonus points in an SMC application. Its not applicable to a talent (Accredited employer) application.

  6. #6
    Join Date
    Dec 2016
    Location
    Auckland, NZ
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    Quote Originally Posted by ChrisMwn View Post
    Place of work is only an issue if you are claiming out of Auckland bonus points in an SMC application. Its not applicable to a talent (Accredited employer) application.
    I've checked my contract again and found that there is in fact the Christchurch "office address" listed in the exhibit. Somehow I missed that in the first place Now the question is, what to enter in the field "Provide the employer's address. This must be a New Zealand address" of the talent visa form. Would it be ok to enter the ChCh address as from the exhibit or must it be the address of the employer as on the first page of the contract (the contract party with their address)? In my country it is usually the legal residence address, but it might be different in NZ?

  7. #7
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    Oct 2013
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    New Zealand
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    Quote Originally Posted by yesno View Post
    I've checked my contract again and found that there is in fact the Christchurch "office address" listed in the exhibit. Somehow I missed that in the first place Now the question is, what to enter in the field "Provide the employer's address. This must be a New Zealand address" of the talent visa form. Would it be ok to enter the ChCh address as from the exhibit or must it be the address of the employer as on the first page of the contract (the contract party with their address)? In my country it is usually the legal residence address, but it might be different in NZ?
    Clearly your "place of employment" is Christchurch.
    Your employer may have two or more addresses (ALK/CHC) , but you could use either?

  8. #8
    Join Date
    Dec 2016
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    Auckland, NZ
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    Quote Originally Posted by ChrisMwn View Post
    Clearly your "place of employment" is Christchurch.
    Your employer may have two or more addresses (ALK/CHC) , but you could use either?
    yes they have more offices, the address where the company is incorporated is in AKL, but the office where I'll be working is in CHC.
    I've asked the employer for opinion about what to enter, they should be familiar with this. I hope so at least. If not, I tend to enter the CHC address, because they can get the legal residence address from the accreditation information of the company. If it's mistaken, could that void my application? I hope not...

  9. #9
    Join Date
    Feb 2017
    Location
    New Zealand
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    37

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    Hi ChrisMwn

    Just a question. Would immigration require me to stay for 12 months in Chch if i lodged my application on 17 August and moved to Chch on 29 August. Do they consider the date when you lodge the application for the 3 month rule or the date when the points is awarded? I still have my CO processing my application and been working here in our Chch officer for nearly 6 months now.

    Thanks,

  10. #10
    Join Date
    Aug 2017
    Location
    New Zealand
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    I have similar situation my companys office is in auckland but we have a project in canterbury where i have a work visa and presently working. My c.o. said i breach condition coz my employer is in auckland while my visa is in canterbury. Also, i have an open employer visa. One of the factors why my company hired me to do the work in canterbury is because simply i have this canterbury visa. So why would i breach visa condition?

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