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Thread: ITA submitted but employer not supporting application

  1. #1
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    Oct 2017
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    Default ITA submitted but employer not supporting application

    Hi all,

    a query on behalf of friend

    He recently submitted ITA for residence but his employer is not supporting his residence application.

    What options does he have?

  2. #2
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    Feb 2008
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    If his employer won't co-operate by supplying evidence of what his job is, and their own business practice, probably INZ will be unable to allow him the points for skilled employment. In his place, I think I would talk to INZ to see if there is any other kind of evidence (apart from the employer's input) they could accept, although I doubt there is.

    From what we have seen in the past, there are some employers who prefer their employees NOT to gain residence, because a resident is a completely free agent, not at all dependent on the boss (so they can't be pushed around as much). If your friend's employer is like that, he's not a good man to work for. Other employers who don't want anything to do with INZ are people who are perhaps not keeping the NZ employment and immigration laws, so they don't want to be found out, and those, also, are not to be trusted.

    However, some employers are afraid that if they give details of their finances and business planning to INZ, the employee will get to know their affairs. This is NOT the case - INZ keep complete confidentiality. If this boss can be persuaded by telling him that, he may be okay and honourable.

    If not, quite honestly, your friend would do well to be looking for another job. It's bad to be messed around by an employer who is always saying, 'Do this, or I'll tell INZ you aren't keeping to the visa regulations,' or to have to be constantly wondering if the business is about to be investigated for bad practices.

  3. #3
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    Wellington
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    This is just a though, but can you get a certificate from IRD with regards to your tax payments? My certificate from IRD discloses which employer I am working for and also how much I have been compensated monthly (so it is also helpful with regards to the salary requirement for SMC). I think as long as the employer is not blacklisted by INZ, there should be a way around it.

    Another way of going around this is by compromising with your employer, maybe sign an agreement with them that if they support your application, then you would be staying for them for a certain amount of time or such.
    Last edited by raleigh119; 2nd November 2017 at 11:15 AM.

  4. #4
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    Quote Originally Posted by raleigh119 View Post
    This is just a though, but can you get a certificate from IRD with regards to your tax payments? My certificate from IRD discloses which employer I am working for and also how much I have been compensated monthly (so it is also helpful with regards to the salary requirement for SMC). I think as long as the employer is not blacklisted by INZ, there should be a way around it.

    Another way of going around this is by compromising with your employer, maybe sign an agreement with them that if they support your application, then you would be staying for them for a certain amount of time or such.
    Im not sure this will work, INZ make this contact with the current employer to see what you are doing right now, they ask questions about day to day task to see you match the skilled job requirements you said you have in your visa application.

    I had some what the same problem with my boss, im not sure how expendable your friend is ... but in my case being a lead, knowing the amount of work we have my boss couldn't loose me, I saw the problem like this:

    1. Either he doesnt fill in the paper work in the 8 days he had INZ would have rejected my application = Me not getting res and not wanting to go through the stress of applying again i would have gone back home even though i have a 5 year.

    2. Demand to walk out if he didnt fill in the paperwork = He would have been in trouble due to me know and setting up systems he would have last a years work.

    Luckily i didnt have to use the method around, i solved my problem by telling every hour to get the paper work done, also reassured him that the paperwork was private, and that the paperwork was really for INZ and i hadnt reported him.


    I must admit it was only completed at the 11th hour, and i was ready to walk out just before he fired off the email to my CO and gave me my revised contract.

    JandM is very right in saying this "From what we have seen in the past, there are some employers who prefer their employees NOT to gain residence, because a resident is a completely free agent, not at all dependent on the boss (so they can't be pushed around as much)."

    Your friend just needs to gauge how expendable they are, if they can threaten to leave, if they cant i suggest he should look to work for another company if they are willing on resubmitting their application

  5. #5
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    Oct 2017
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    New Zealand
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    Thank you all nice people for comments and suggestions.

    situation is my friend got essential skill work visa sponsored by the same employer couple of months ago. He saved documents such as job offer, job description and employment agreement (from work visa application). He attached all these documents with ITA. Now, employer's business is not going good and they gave him two more months to work with them and they won't support his residence visa.

  6. #6
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    Nov 2015
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    New Zealand
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    Quote Originally Posted by DannyGreen View Post
    Thank you all nice people for comments and suggestions.

    situation is my friend got essential skill work visa sponsored by the same employer couple of months ago. He saved documents such as job offer, job description and employment agreement (from work visa application). He attached all these documents with ITA. Now, employer's business is not going good and they gave him two more months to work with them and they won't support his residence visa.
    That really sucks. Its hard to find another job with an essential skill work visa.

  7. #7
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    I heard that INZ also asks for financial statements from employer? Is that correct?

  8. #8
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    Yes, unless they have already investigated the company in the recent past for someone else's application, or unless it is something really well-known like a government department.

  9. #9
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    Quote Originally Posted by JandM View Post
    Yes, unless they have already investigated the company in the recent past for someone else's application, or unless it is something really well-known like a government department.
    In connection to your comment. I am asking for a friend. My friend is working for a company, which supported residency application of his colleague and INZ declined his application stating that company's financials are not good. however company's boss said we are in perfect healthy financial situation and in fact the company has grown rapidly in last 1 year.

    My friend is still confused because he himself is going to lodge his application and he is in a doubt that his own application maybe rejected based on the previous grounds. also you never know the boss may be doing some "downwards earnings management" to avoid taxation despite company is growing.

  10. #10
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    All that is something that nobody can know from outside the company. If the employer is willing to support your friend's application, it seems likely that he genuinely thinks he can prove everything is fine now. Nobody can read the future, which is really what your 'still confused' friend would like. All he can do is give it a try, to see what happens. If INZ raise Potentially Prejudicial Information with him about the company's finances, at that point the boss would be asked to give information about the financial backing, business planning, etc., usually with help from his accountant. (All of that would remain confidential from the applicant.)

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