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Thread: Permanant contract for work visa

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  1. #1
    Join Date
    Nov 2016
    Location
    New Zealand
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    36

    Default Permanant contract for work visa

    Hi all,

    I just arrived New Zealand on my partnership-based work visa which is valid for one year. I have job interviews with several employers and some of them are willing to offer me a full-time permanant job. Now their concern is whether they can sign full-time permanant employment contract with me when I have one year work visa. I believe yes, and appreciate if anyone can confirm and share with me the specific regulation about this?

    Thank you!

  2. #2
    Join Date
    Oct 2010
    Location
    UK-To-NZ
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    189

    Default

    I think there is no problem, if you have open work visa. You should take job offer and think about applying SMC visa, if have enough points. I really don't see any problem but you can always get advice from INZ for guidance, if you are really concerned. You aren't doing any illegal work.

  3. #3
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    Many people have a contract saying it is permanent, subject to the worker remaining covered by a valid visa.

  4. #4
    Join Date
    Nov 2016
    Location
    New Zealand
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    Default

    Quote Originally Posted by JandM View Post
    Many people have a contract saying it is permanent, subject to the worker remaining covered by a valid visa.
    Thank you JandM. I wonder apart from SMC visa, can I apply for Essential Skills Work Visa after I start working for the employer? My job is in the list of Skilled Occupations.

  5. #5
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    Feb 2008
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    Default

    Yes. You can have both applications in at once if you like. It sometimes helps to use the same evidence for both.

  6. #6
    Join Date
    Nov 2016
    Location
    New Zealand
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    Default

    Quote Originally Posted by JandM View Post
    Yes. You can have both applications in at once if you like. It sometimes helps to use the same evidence for both.
    Thank you! I wonder whether there is the case that both visas are granted, or if SMC visa is approved, the Essential Skills Work Visa is no longer needed?

  7. #7
    Join Date
    Feb 2008
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    If you already have an Essential Skills visa, then Residence is granted, it supersedes the Essential Skills. No one ends up the holder of two visas, but you can have applications for two submitted and being processed at the same time.

    If you're asking, suppose Residence came through before the Essential Skills, would you get a refund of the application fee for the latter, then no.

  8. #8
    Join Date
    Nov 2016
    Location
    New Zealand
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    Default

    Quote Originally Posted by JandM View Post
    If you already have an Essential Skills visa, then Residence is granted, it supersedes the Essential Skills. No one ends up the holder of two visas, but you can have applications for two submitted and being processed at the same time.
    Thank you, do you mean SMC visa instead of Essential Skills visa?

  9. #9
    Join Date
    Feb 2008
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    37,824

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    No, I don't.

    If you are already the holder of an Essential Skills visa...

    ...then, after that, while your Essential Skills visa is still valid, your Residence visa comes through (that is, your Residence visa that you applied for under the Skilled Migrant Category, SMC)...

    ...in that case, Residence takes over from the Essential Skills visa. The Essential Skills visa ceases to exist. It is not now needed (although it could have run for longer, up to its expiry date), because you have become a Resident, and Residents are not required to have work visas.

  10. #10
    Join Date
    Nov 2016
    Location
    New Zealand
    Posts
    36

    Default

    Thank you, it's clear now.

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