Can ASIC company sponsor for residency application? Immigration just let me know that my employer is not a New Zealand company so my point claim of skilled employment in New Zealand is seem to be void.
They say my company is registered in New Zealand as a foreign company under ASIC, not as a New Zealand Limited company with a New Zealand branch. This means the New Zealand office is a subsidiary to Australian company which is owned by the Australian company. Even though the company is located in Auckland, and New Zealand employment laws such as the Holidays Act 2003 and the Parental Leave and the Employment Protection Act 1987 apply to your employment contract, you are not actually employed by a New Zealand-owned company.
While we recognise that there is a physical office in New Zealand, your employment contract is not directly with a New Zealand employer, but remains with the company based in Australia. At current stage, it appears you are an employee of an overseas company carrying out work in New Zealand with limited
liability, not for a New Zealand employer. Therefore no points for skilled employment have been awarded at this stage as per immigration instructions SM7.1 and SM7.5.
I have no idea what to make of this. My company is been doing business in New Zealand since 1993 and had sponsored sponsored residence visa applications in the past. They state the following clauses.
SM7.1 Aim and intent
a.The aim of providing points for skilled employment is:
i. to facilitate access by New Zealand employers and industry to global skills and knowledge; and
ii. to recognize that people who have skilled employment in New Zealand are well positioned to meet New Zealand's needs and opportunities and more quickly
achieve positive settlement outcomes.
Since SM7.1 (i) says New Zealand employers, they argue my company is not a new Zealand company.
Does anyone had this experience before? JDAM have u seen any case like this before.