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Thread: Work visa - employer's change procedure

  1. #1
    Join Date
    Apr 2017
    Location
    New Zealand
    Posts
    29

    Default Work visa - employer's change procedure

    Hello Everyone,

    It's been a while when I posted here last time.

    Currently I am a work visa holder valid until May 2020, dedicated to one specific employer - not accredited. Recently, I have received a couple of interesting offers from bigger company. Generally, better opportunities for me to grow and develop my career here.
    My question is: how difficult is the process to change employer, is there anyone who has this kind of experience, how long it usually takes?

    Of course I am aware of the fact that new offer has to have the same or better conditions and the same position as my original.

    Additionally, I am going to apply for a SMC Resident Visa in one week as I was invited in January.

    I will be grateful for any suggestions regarding how to do it, when, in what order?

    Many thanks in advance

    P.

  2. #2
    Join Date
    Feb 2008
    Posts
    37,832

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    When you get the specific offer of another job, you need to approach INZ to make the necessary change in your visa. Depending on how different things will be - for instance, possibly in a different region - you might need to apply for a new visa, or otherwise, you might just need a Variation of Conditions. https://www.immigration.govt.nz/new-...c-are-changing You will need to factor in how much notice you have to give according to your present contract, and the new employer's hoped-for start date, and INZ can help co-ordinate things so the change-over happens correctly to keep you legal. (You can't work for the old employer once you have a visa with the new employer's name on it, or vice versa.)

    There is nothing to stop you from applying for residence under SMC as you have planned to do. You will have to give the details of your present job - because it IS your present job. If and when you change to another job, at that point you will need to send in the information about your new job, and that will be checked out instead.

  3. #3
    Join Date
    Apr 2017
    Location
    New Zealand
    Posts
    29

    Default

    Quote Originally Posted by JandM View Post
    When you get the specific offer of another job, you need to approach INZ to make the necessary change in your visa. Depending on how different things will be - for instance, possibly in a different region - you might need to apply for a new visa, or otherwise, you might just need a Variation of Conditions. https://www.immigration.govt.nz/new-...c-are-changing You will need to factor in how much notice you have to give according to your present contract, and the new employer's hoped-for start date, and INZ can help co-ordinate things so the change-over happens correctly to keep you legal. (You can't work for the old employer once you have a visa with the new employer's name on it, or vice versa.)

    There is nothing to stop you from applying for residence under SMC as you have planned to do. You will have to give the details of your present job - because it IS your present job. If and when you change to another job, at that point you will need to send in the information about your new job, and that will be checked out instead.
    Thanks JandM. You are always very helpful.

    Regarding my potential SMC application, have you heard about the requirement that you need to be employed for more than 3 months at specific company to proceed further with your application? I am asking because if I change my job and apply for SMC simultaneously there may be a delay, caused by this change and not enough time of employment by the new employer.


    Is there anyone here who has done this variation of conditions?

  4. #4
    Join Date
    Feb 2008
    Posts
    37,832

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    have you heard about the requirement that you need to be employed for more than 3 months at specific company to proceed further with your application?
    I'm not sure what you're thinking of here.

    Here https://www.immigration.govt.nz/opsm...c.htm?6954.htm are ALL the requirements for Skilled Employment for SMC. At SM6.5, it says this.
    A principal applicant's current skilled employment in New Zealand or offer of skilled employment in New Zealand qualifies for 50 points.
    (my bolding) So even someone with just a contract, who hasn't even started work for that employer yet, can be considered as fulfilling the requirement for skilled employment points, to get their EOI selected.

    I'm wondering, are you confusing stories about people who get a Section 49(1) condition on their residence when it is actually granted, because they haven't already worked for that particular employer for three months yet, with getting the application processed? In that situation, the worker's case is processed (not delayed), and they get their residence, but for their first three months they must stay with the named employer. SM11.5 b. https://www.immigration.govt.nz/opsm...c.htm?6954.htm

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