Can you quit your job while on an essential skills visa?

[james315]

Hi there,I am currently on a job and region specific essential skills work visa.. Iv had a very stressful last year in personal and work life and was thinking about a new start.. My work visa states I can work for any employer in the specific job as long as its in the Canterbury region.. I am having problems at work lately due to a toxic work envoirnoment.. I was thinking about handing in my notice then taking a break for a couple of weeks and then getting back to work in a new job..Although I do realize that you need to be always employed for your visa to be active but does anybody from immigration actually get notified if you actually leave your job? How do you actually change jobs legally? Any advice would be greatly appreciated on this.. Thank you

[JandM]

If you resign from the job which is named on your visa, ending the job effectively ends the visa, making you illegal. It is possible that an employer could notify INZ, but even if they didn't, the point would come to INZ's attention as soon as you got the offer of another job and had to give them the details. The fact that you were starting on x date would raise the question of when did you previously stop?

The way to change jobs legally is to get a new job offer, then check with your present contract what period of notice you are obliged to give, and therefore when you can start at the new place. With the kind of visa you have, you wouldn't need a new one, if you go to a similar job within the Canterbury region. If you got a job offer outside the area, you would need a new visa, so you would need to notify INZ, and they would help you switch the visa at the right time.

[james315]

Do I have to notify INZ if I change job though? It says on my visa I may work for any employer as long as its in the same field of work..Where as my previous essential skills visa had my actual current companies name on it.. Also can you do a 90 day trial if you switch employers or do you have to be permanent from the start? thank you so much for your help.

[JandM]

I think (but can't now find a reference to it) that you're supposed to tell INZ any changes while you're on a temporary work visa. You could check by phoning in a general query without giving your name. I guess you're itching not to be at work for a while, and there are chances that they wouldn't find out, but what you would be risking if you resign without a job to go to would be your right to remain. Your choice.

You can be granted a visa for a job that has a 90-day trial period, because there is a provision for what happens if the employer dismisses you during that time. See Option B here. https://www.immigration.govt.nz/new-...at-will-happen