Skilled Immigrant Category: Employer Conflict

[taralshah]

Hello Sir,


My Name is Taral Shah.

I am a IT Computer technician In Canada.
I go through your website and Find out I am eligible to get Immigration status in New zealand under skilled migrant category. But I have an employer ready who offer me a job but then it would be a close work permit.

Although before taking big step to apply and migrate in NZ i would like to clarify few question which i would not able to find on your website .

(1) If I was there working and my application is in process during that time period if I get more better job in the same field what will be my status?

(2) What if my employer sale his business or Terminate my contract after 3 months (probation) what will be my status?

(3) Can I study while my application is in process?

(4) Can I leave the country and come back if I lost my job.

As per current scenario Your rules are looks like bind with Employer which allows employer to do whatever they do.

Also I heard some cases in which employer asking money to continue his application.

Let me not go on another stage. Please advise if you have any lows in this kind of circumstances.

My Major concern woith the employer is I am coming from the north america region and there were no garranty for Job security. And I would not like to go into dependancy area.

I have more than 5 yrs of IT experience and I know I am a good part for your economy but before I applied I need to understand lows in this type of circumstances.

Thanks,
Taral

[dreamer_kiwi]

[JandM]

1. Assuming you were on a temporary work permit tied to one employer, with an application for residence under SMC being processed, and you then received the offer of another job... You could apply to INZ for either a Variation of Conditions on your work visa, or a new temporary work visa. https://www.immigration.govt.nz/new-...emporary-visas (You have to be careful to make sure you are covered by a valid visa at all times while in NZ, or the application under SMC cannot continue to be processed.) If the new job is in the same career and using the same skill and qualifications as already proved in your SMC application, then your work for the new employer can be counted for the same application, but obviously, it would make it take longer, because there would be a different business to be investigated from the first one you told them about.

2. This visa https://www.immigration.govt.nz/new-...b-visitor-visa could keep you legally in NZ while you tried to find another job, but would not allow your SMC application to continue to be processed.

3. See the link at answer (1) - you can do a little study, but for anything more, you would need a variation of conditions.

4. I'm not sure which 'country' you mean by this question.

Of course there are unscrupulous people everywhere, and some employers try to bully employees. But NZ has strict laws on fair employment practices if people have the courage to stand up for themselves. https://www.newzealandnow.govt.nz/wo...loyment-rights

[taralshah]

Hello Sir,


Thank you for the quick reply.

My confudsion is that I have 2 yrs of wisa with same employer if in any case afer probation he terminate me and my file is in process and I do not have any job what will be my option.

Also what if he will ask money to continue my employment in Newzealand?

I can not complain or I can not back out.

What will I do?

Do we have any Law to protect or I just took out my application and go back to my home country?

Thanks,
Taral

[JandM]

If any employer demanded money, he would be breaking NZ law and could be prosecuted. Indeed you could complain, and the law would uphold you. In such a matter, INZ are normally very human, and give a person time to find another job

Once the probation period for any employment is over, it is necessary for an employer to show VERY strong reasons for dismissing an employee, or they would be breaching employment law. This means, unless you were very bad at your job, it would be very unlikely to happen. But suppose you did something very bad and were dismissed, then the work visa would end with the job, and the residence visa could not continue to be processed, and you would have to make arrangements to leave the country quite soon. Unless you think you are likely to do something wrong, this need not concern you.

What this comes down to is that you seem to be imagining that NZ is full of employers who want to cheat foreign workers and dismiss them for nothing. Well, it isn't. It is a country with laws that try to keep a balance of fairness between employers and employees.

[swearwolves]

Please note that you need an IELTS score of 6.5 or higher to obtain a residence class visa (SMC).

Source: http://onlineservices.immigration.go...nual/index.htm (SM 5.5.5)