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Thread: Clarification Needed - SMC Residence Visa with a Fixed Term Contract

  1. #1
    Join Date
    Aug 2016
    Location
    New Zealand
    Posts
    6

    Default Clarification Needed - SMC Residence Visa with a Fixed Term Contract

    Hi friends

    I logged my SMC residency application in mid-October 2018 and still did not get a Case officer. I am quite worried about the processing time as it will affect me so hard.

    My case is much different than the others. I am holding a fixed term 13-month contract (it is a maternity cover) which is about to finish in mid-March 2019.

    Currently, I am in the process of finding another relevant job. However, I need to know how will the immigration react to this kind of situations. If I could not find a suitable job before my current contract ends, will they reject my application?

    Any suggestions would be appreciated.

    Cheers

  2. #2
    Join Date
    Feb 2008
    Posts
    37,835

    Default

    Sorry to hear about your difficult situation.

    If I could not find a suitable job before my current contract ends, will they reject my application?
    You are obliged to notify INZ when anything in your situation changes, in this case, losing your job. Having a skilled job is a necessary part of the application for residence under SMC. Therefore, if you do not get another job, and another work visa or Variation Of Conditions on your present one within a very short space of time, INZ has to stop processing your application. (Another point is that your present visa may depend on your job, so as soon as the job ends, you would not be legally covered by a visa, and INZ can't work any application from someone in NZ without a visa - of course, if you currently have some kind of open visa, that wouldn't apply to you.)

  3. #3
    Join Date
    Aug 2016
    Location
    New Zealand
    Posts
    6

    Default

    Hi JandM

    Thank you for your reply. I am holding an open work visa which expires in 2021.

    Do you have any idea that in order to successfully process my application how long my current employment should be further extended?
    and
    If I get a new job, should it be started without any gap?


    Cheers.

  4. #4
    Join Date
    Feb 2008
    Posts
    37,835

    Default

    You have to be working in a skilled job all the time your application is being processed. Therefore, if you change jobs and there is a gap before the new one starts, your CO will not be allowed to continue working your case in the meantime. If there was much of a wait and you could not tell them when you would be starting to work again, they might have to refuse the application.

    Also, if you had not been working in a skilled job for three months already when you first put in your application, then any visa granted to you will be issued with a requirement to continue in the same job or an equivalent one for a certain length of time - exactly how long depends partly on what you have claimed points for on your EOI, and the details are given here. https://www.immigration.govt.nz/opsmanual/#66848.htm

  5. #5
    Join Date
    Aug 2016
    Location
    New Zealand
    Posts
    6

    Default

    Hi JandM

    Thank you for your clarification and assistance. I appreciate that

    Cheers.

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