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Thread: Talent Visa - Accredited Employer (Objection on Hours of Work)

  1. #1
    Join Date
    Jun 2016
    Location
    New Zealand
    Posts
    17

    Default Talent Visa - Accredited Employer (Objection on Hours of Work)

    Hi,

    I recently applied for a temporary work Talent Visa (Accredited Employer) and just got a letter through email from immigration.

    “Your employment agreement states that your base salary is $70,000 per year and that you will work 40 hours per week. Based on a 40 hour week this equates to $33.65/hour which is above the minimum base salary specified at immigration instruction WR1.10(f). However your employment agreement states “the remuneration specified in your individual terms covers all hours you may be required to work”. If you are required to work more hours in a week this might reduce your base salary below $26.44 per hour ($55,000 per year). Your employment agreement must state the maximum number of hours per week worked, and when this taken into account your hourly rate may not drop below $26.44 per hour. Therefore, we are not satisfied you meet immigration instructions at WR1.10 and your application may be declined.”


    I don’t work more than 8 hours per week and I believe this clause is just to make sure that if I do go overtime I don’t claim it. Any advice please?

  2. #2
    Join Date
    Feb 2008
    Posts
    37,822

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    You and your boss know what is meant, but since the formal statement doesn't say it, you need to get another employment agreement in order to satisfy the requirements of the visa. This is a PPI letter - if you don't sort out what INZ see as a problem, they can't grant you the visa.

  3. #3
    Join Date
    Jun 2016
    Location
    New Zealand
    Posts
    17

    Default

    Hi JandM,

    So i got a letter from my HR as below and sent out to immigration last week.
    "“As ABC employer I wish to clarify his salary and hours of work to assist him in his work visa application.
    ABC is employed by us as a Specialist, on a permanent 40 hours a week employment agreement, on a base salary of $70,000 per annum. ABC is not expected to work more than 40 hours per week, but may occasionally in order to complete an urgent task. He is not entitled to payment for overtime as a salaried employee. I can confirm on his current employment terms his hourly rate will not fall below the threshold of $26.44 outlined in your letter.
    Attached to this email is 6 months’ worth of payslips which demonstrates both the consistency and regularity of his salary payments.”
    "
    The CO has just got back to me saying that my application has been forwarded to a Technical Adviser for checking. What does that mean? Does every single application goes to a TA or just the ones which are too technical for the case officers to process.?

    Thanks.

  4. #4
    Join Date
    Feb 2008
    Posts
    37,822

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    A technical advisor is a senior CO with the power to interpret the regulations rather than simply apply them. The CO working your case evidently felt that s/he should not her/himself make the judgement on this point.

  5. #5
    Join Date
    Nov 2016
    Location
    India
    Posts
    113

    Default

    @semi.automatic: did your visa get approved?

  6. #6
    Join Date
    Feb 2008
    Posts
    37,822

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    Semi.Automatic has not been on the forum since this post, so may not see your question.

  7. #7
    Join Date
    Nov 2016
    Location
    India
    Posts
    113

    Default

    Thanks JandM

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