Changing job during SMC process

[JandM]

One more question,

Will INZ change the lodgement date after being notified regarding change of employer?

The lodgement date of your application under SMC is when the application was entered in the INZ computer - absolutely nothing to do with, and not affected by, what job he was doing, or may be doing if he changes.

[danica06]

Hello Everyone,
Sorry to highjack this thread but I would like to ask if anyone had any experience when applying for SMC and claimed points for skilled job experience. My partner's case is his manager who gave him the job description and also the contact person who put on our ITA is not connected with his previous company anymore (back in our home country). Will that affect our application? Can his manager still be contacted by the CO (we don't have CO yet ) even though he is not connected with the company anymore? He said that he is still willing to answer any queries if the immigration will contact him but not sure if the immigration will still consider him because he is not with the company anymore.

[JandM]

Other people have had similar situations, but most usually when EITHER the firm had gone out of business, OR had undergone a reorganization so that nobody in the current setup had as good knowledge of what the applicant used to do for them as the previous manager who'd now left.

[danica06]

Thanks JandM. So in that case, the applicant cannot claim that points anymore?

[esther917]

Thanks

[JandM]

It depends. If the business still exists, and it's not very long ago that the worker left, they should still have records of the job s/he did and be able to tell the basics (responsibilities, required qualifications, salary, full time work) even if there aren't still co-workers who remember personally. So the business could validate that the employment did happen. If the other person is likely to give a better/fairer picture for some reason, you can tell INZ that, and give their details, too.

[esther917]

Dear all,

Greetings.

I am looking at work visa application online. I am confused which one to select on work visa application online while my husband submitted SMC(Jan 2020) and might be offered a same role(under skill shortage list) with different employer.

I hold a temporary work visa and have a valid Skilled Migrant Category invitation to apply, for the role I am currently employed in.

or

My occupation is on one of the Essential Skills in Demand lists and I meet the work experience / qualifications specified on the list.

Besides, if he meets the requirements to apply Long term skill shortage, talent visa and ESV, which one is the most suitable one to apply go for? I would really like to get everything ready and know what to do when the job offered is official, appreciate your reply.

Thank you.

[Kelerei]

I find your wording confusing. I read it as follows: your partner holds a valid Work Visa, and that you yourself are about to apply for your own Work Visa and do not know which Work Visa to apply for. Please ignore my response if my interpretation is incorrect.

If your partner holds, or is applying for an employment-based Work Visa (e.g. Essential Skills, Talent (Accredited Employer), Long Term Skills Shortage List), the Partner of a Worker Work Visa is the usual option and is specifically intended by INZ for this situation. You do not need a job offer to apply for this Work Visa.

If you and your partner do not meet the requirements for you to apply for a partnership-based Work Visa, you will need to obtain an employment-based Work Visa in your own right.

[esther917]

Hi Kelerei,

I am looking at helping my husband to apply, I will apply partnership work visa at the same time.

[Kelerei]

Oh, OK -- you didn't make that clear!

If the new employer is an accredited employer, and your partner will be paid at least NZD $79,560 per year (before tax), the Talent (Accredited Employer) Work Visa is always the one to go for. Having previously held one of these myself, I can tell you that the evidential requirements for your partner to submit are lower than most other Work Visas: just the employment agreement and certificate of accreditation was sufficient evidence in my case (along with the usual proof of good character and health). This also makes the Residence from Work pathway an option, in case things don't work out with the Skilled Migrant Category.

The Long Term Skill Shortage List Work Visa is an option if your partner has a job offer for work on the Long Term Skill Shortage List. Your partner needs to be qualified to do the work offered (INZ will likely need to see a non-generic IQA -- see this thread for more information on a generic vs non-generic IQA) and have relevant work experience. The qualifications and work experience needed varies by occupation, so you'll need to check the list itself to see if you qualify. This Work Visa also makes the Residence from Work pathway an option.

The Essential Skills Work Visa is pretty much the "catch-all" Work Visa, and is subject to a labour market test: there must be no New Zealanders to do the work that has been offered. (With COVID-19 and people being unemployed, I have a really bad feeling that going forward, the default position will be to deny the visa unless there is a compelling reason not to -- I really hope INZ proves me wrong, but I know too well what their mindset is.) There are two situations where the labour market test is not applied: you meet the requirements of a skills shortage list (the Regional Skill Shortage List, or the Construction and Infrastructure Skill Shortage List -- and technically also the Long Term Skill Shortage List, but if one is on this list, why would one apply for the Essential Skills Work Visa when the LTSSL Work Visa is available?), or you are applying to continue working in the role you currently hold and have applied for (or been invited to apply for) a Skilled Migrant Category Resident Visa based on your current employment. The Essential Skills Work Visa does not provide a residence pathway on its own.