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Thread: SMC lodged in Nov, got a CO, but she expects me to have a permanent employment

  1. #1
    Join Date
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    Default SMC lodged in Nov, got a CO, but she expects me to have a permanent employment

    "I note that the employment agreement you have provided in your application is a fixed term contract from 1 March 2017 to 30 July 2017. This would need an amendment; according to our immigration instructions your employment has to be sustainable after the grant of the residence visa. Please provide an amended employment agreement that states your full-time and permanent position."

    My employment is a 12 month contract...

    However, from what I read in the SMC manual, I can apply SMC with a fixed term contract providing I have reasons why it'll be sustain and so on.

    Anyways will send back letters stating why my contract is fixed term, how it will end and how it will be sustained...

    Is that a good idea or am I completely out of hope? Thanks

    Sam

  2. #2
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    https://www.immigration.govt.nz/empl...grant-category

    follow the link, its pretty much self explanatory :-) good luck Sam....

  3. #3
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    Quote Originally Posted by tmg59 View Post
    https://www.immigration.govt.nz/empl...grant-category

    follow the link, its pretty much self explanatory :-) good luck Sam....
    Yeah thanks for the link

    wonder if this is relevant then?

    http://onlineservices.immigration.go...nual/30549.htm

  4. #4
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    yes it is very relevant. You are on a fixed term and no guarantee of employment after that hence it is not sustainable.

  5. #5
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    Default

    Is it 12 months or March to July? 12 months should be acceptable although they will ask the reasons.

  6. #6
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    Quote Originally Posted by squowse View Post
    Is it 12 months or March to July? 12 months should be acceptable although they will ask the reasons.
    There is no 'should' about it. I'm sorry to sound pessimistic. We have seen many people on the threads who have either been refused with a 12-month contract, or at least have had to provide very solid evidence that more contracts would be likely to follow on from the present one. INZ take the need for sustainability very seriously.

  7. #7
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    Quote Originally Posted by JandM View Post
    There is no 'should' about it. I'm sorry to sound pessimistic. We have seen many people on the threads who have either been refused with a 12-month contract, or at least have had to provide very solid evidence that more contracts would be likely to follow on from the present one. INZ take the need for sustainability very seriously.
    Yeah that makes perfect sense. And am not concern to provide more proof. It's just by the tone of the CO it sounds like she doesn't even wanna hear reasons if it isn't a permanent employment. Anyways will call tomorrow to find out. Thanks everyone!! Will keep you posted.

  8. #8
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    Default

    Same case here. but I haven't got CO yet. I really worry about it too.

    After my first contract (3 months), I've got the current contract 7 months one saying that the term with "an opportunity to renew if the work visa is extended or permanent residency is obtained".
    Is this statement enough to show the sustainability?

    My employer is very supportive me to get PR visa. The only reason he can't give me the permanent position is because my current working holiday visa condition saying that I can't accept the permanent job.

    so I wonder if it's possible to apply for normal work visa now with permanent position offer while waiting for CO allocation?
    will this look more sustainable?

    I will appreciate for any advices or thoughts about this.

  9. #9
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    One more thing, following link shows that I can't accept the permanent job:
    https://www.immigration.govt.nz/new-...g-holiday-visa

    So what about just to get "A permanent job offer" from my employer and send it to immigration?
    Does it make sense that Im not breaking the working holiday visa condition since I haven't accepted it yet?

  10. #10
    Join Date
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    so I wonder if it's possible to apply for normal work visa now with permanent position offer while waiting for CO allocation?
    will this look more sustainable?
    Yes, that is what most people do. It is perfectly possible to have more than one application in at once.

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