Quitting Job and travel overseas on a work visa

[Hawksi]

Hi,
I know that this topic was discussed before but I'm still not sure.
Due to very unhealthy work conditions I had to quit my job and would like to travel overseas and come back to apply somewhere else.
My visa conditions doesn't really say anything about to be permanently employed.
Can I loose my right to stay in NZ?
Thanks a lot in advance!

[JandM]

What visa are you on at the moment?

[Hawksi]

Essential Skills work visa for 3 years.

[JandM]

In that case, it says on the visa label, I expect, that you have the right to work as (whatever job) for (named employer) until (whatever date). Is that correct?

[Hawksi]

It's limited to the one place where I worked but I can't see any other limiting conditions:

The conditions of your visa: Stay subject to grant of entry permission. You must leave before visa expiry or face deportation. Financial support evidence not required. Return/onward ticket not required. The holder may only work as *** for *** in ***.

Thanks for your answer, JandM.

[JandM]

Yes, but that is an extremely important limiting condition.

Sorry that this unpleasant answer will evidently come as a shock to you. However, it is better to know.

You only had a visa while you were working at that ONE job, for that ONE employer. By bringing that employment to an end, you have also negated your visa - as soon as INZ become aware of this, it will be officially cancelled. If you want to continue to live in NZ, you need to talk to INZ very quickly, to see if they will give you some little time to find another job with the same skills. Otherwise, you will find that you are told a certain limit date by which you must leave the country. You don't have any rights in this situation - you are illegal already. INZ may possibly give you a chance to stay on by getting another job, but they are not obliged to do this.

[Hawksi]

Yes, but that is an extremely important limiting condition.

Sorry that this unpleasant answer will evidently come as a shock to you. However, it is better to know.

You only had a visa while you were working at that ONE job, for that ONE employer. By bringing that employment to an end, you have also negated your visa - as soon as INZ become aware of this, it will be officially cancelled. If you want to continue to live in NZ, you need to talk to INZ very quickly, to see if they will give you some little time to find another job with the same skills. Otherwise, you will find that you are told a certain limit date by which you must leave the country. You don't have any rights in this situation - you are illegal already. INZ may possibly give you a chance to stay on by getting another job, but they are not obliged to do this.

F***, it's a shock indeed...

I can try and ask my employer if it's already done or if he can give me one week unpaid holidays.
I have booked a one way flight next week anyway but wanted to come back...
Will I get trouble at the airport and how to avoid it?

Thanks a lot, JandM.

[JandM]

I don't see what you mean about the unpaid holidays. Are you asking for your job back? That is about the only thing that would really safely regularize your position, if you could make it happen, if the employer would agree. There is sometimes a small time-lag between someone giving up a job and the INZ office work to cancel the visa connected to it, so maybe the employer could stop that happening.

If you go out of the country now, without this job to return to, you are highly unlikely to be able to get back into the country on the present visa. If you want to live in NZ long term, sorting out this matter is the thing to concentrate on, even if it means cancelling the holiday - well, it wouldn't be a holiday at all.

[Hawksi]

I don't see what you mean about the unpaid holidays. Are you asking for your job back? That is about the only thing that would really safely regularize your position, if you could make it happen, if the employer would agree. There is sometimes a small time-lag between someone giving up a job and the INZ office work to cancel the visa connected to it, so maybe the employer could stop that happening.

If you go out of the country now, without this job to return to, you are highly unlikely to be able to get back into the country on the present visa. If you want to live in NZ long term, sorting out this matter is the thing to concentrate on, even if it means cancelling the holiday - well, it wouldn't be a holiday at all.

Thanks again for your help. I asked and the payslip for my last work week is not processed yet and the employer will put that on hold until we find a solution for both of us. But theoretically I'm already illegal?

[JandM]

It's balancing on a knife-edge at the moment. If you don't go back to that employer, then yes, you would be illegal, but if you can go back, even temporarily while you sort out another job, or if he'd be prepared to have you on record as being on unpaid leave until you get another offer and apply for a Variation of Conditions or new visa as appropriate https://www.immigration.govt.nz/new-...c-are-changing, that could keep you legal.

The important thing with any work visa linked to a named job is not to leave the job until you have your next (qualifying) job all lined up, and have liaised with INZ to make the visa change from one to the next happen at the right time, allowing for giving proper notice to one place and the wished-for start date at the next. The job is what gives you the visa, so there mustn't be a gap with no job. (For the record, if anyone has an application in for residence under SMC, that also depends on there being continuous employment in a skilled job or series of skilled jobs.)

Here's hoping the employer will be kind enough to keep you on the books in some way at least until you sort out what you are going to do.