What if I have been headhunted by an Employer ?

[NZDeveloper]

So currently I have a skilled working visa and I'm waiting on an outcome for my SMC.

I was approached by a CEO of a company that said he has noticed the work i do and work like to create a position for me at their company. This is an offer too good to refuse, work i enjoy doing and 3 times the salary. I would have to apply for changes of conditions (Employer change only).

Problem is that if they are creating the spot just for me in their team and it being change of conditions would they still have to provide proof that they searched for a Kiwi before making me an offer ?

[JandM]

I have a skilled working visa

Is an Essential Skills Visa?

And would the job description of the new job be largely the same as for your present job, which got you the visa?

[NZDeveloper]

Is an Essential Skills Visa?

And would the job description of the new job be largely the same as for your present job, which got you the visa?

Hi JandM, Yes it is an Essential Skills Visa, the job description will remain the same, I'm employed currently as a Senior Web Developer / Programmer, the new job will be the same tasks writing code in the same languages.

Regards

[JandM]

See here. https://www.immigration.govt.nz/new-...ng-a-work-visa

Varying the conditions of a work visa

Some work visas restrict work to a particular occupation, employer or location. If your work visa has one of these restrictions you can sometimes change the conditions of your existing visa, instead of applying for a new visa.
You have a work visa and want to change the job, employer or location

You must provide:

Offer of employment
'Application for a Variation of Conditions or a Variation of Travel Conditions' (INZ1020)
Application fee

If you wish to vary an Essential Skills Work Visa you must also provide:

Employment Agreement
'Employer Supplementary' form (INZ 1113) completed by your new employer

If you need to work a notice period before leaving your current job, you should include a cover letter with your application which sets out how long that notice period is.

Essential Skills

If you have an Essential Skills Work Visa, and your job isn't on the skill shortage lists, you can only vary your employer.

So looking at the last sentence, we can see there isn't a restriction on you, because your job IS on the skill shortage lists - it is on LTSSL (and anyway, you only want to change your employer).

Then, looking at the form for the new employer to fill in, INZ1113...https://www.immigration.govt.nz/docu...es/inz1113.pdf

Section C
Overseas recruitment based on non-availability of New Zealand residents
This section must be completed if the person you have offered employment to is applying under the Essential
Skills work category unless:
• the occupation is on an Immigration New Zealand skill shortage list (either the Long Term, Immediate, or
Canterbury skill shortage list) and the person meets the qualification and/or work experience requirements
of the list

...and from what you say, you come under the "unless" part of that last point.

Congratulations on being head-hunted, by the way.

[NZDeveloper]

Great, thanks for pointing out that second part JandM

[NZDeveloper]

So I received the offer from the new employer today

Will be meeting with them hopefully get the INZ1113 form filled out when i do the other paper work.

Will have to check whom i send the application too, not sure if i have to notify my CO now ? Hoping all works out.

Super excited and nervous at the same time

Will keep you all informed of the process incase someone else needs to get this info in the future.

[JandM]

Good luck!

Where to send the application. https://www.immigration.govt.nz/new-...nd-fees-finder

I think, wait till the formalities have gone through and you actually HAVE the VOC and the new job to tell your SMC CO.

[NZDeveloper]

Thanks JandM

Will do so

[NZDeveloper]

New contract signed on monday 5 feb.
Employer supplementary form filled in and emailed to me 5 feb.
Sent all documents to INZ with pace 7 Feb.

My only worry is the company is a startup so age of company in nz is 4 months.

[dlee]

Hi NZ Developer, I have got an invitation for job search visa. Not sure it is the same case as yours. Would you share your experience? Actually, I have few questions...