Can my partner change jobs right now?

[Yanco]

First I'll give an update about our current visa status.

• August 2017: Arrived in NZ with my partner, both on Working Holiday Visa and both started working on that visa;
• May 2018: My partner is successful in applying for a job with an Accredited Employer;
• May 2018: Because of the above, we were granted a Talent (Accredited Employer) Work Visa for HER and a Partner of a Worker Work Visa for ME which is valid until December 2020;
• November 2018: I have been working in Skilled Employment since October 2017 and I finally have enough experience to claim 160 points for the SMC Visa.
• February 2019: Because of the above, I lodged a SMC Visa application with me as the principal applicant and my partner included. I only claimed bonus points for my partner's qualification (NOT for any (current)(skilled) work experience, ONLY for her qualification);
• Currently: awaiting CO allocation for SMC application.

We are both living and working in Auckland. However, my partner is seeking other opportunities as she is over qualified for the work she is currently doing and she is a bit impatient to wait for our SMC outcome. She has found a job opportunity in Dunedin which she would love to accept. She is currently in the interviewing process. This company is an Accredited Employer as well (but it is a different position).

If she is successful, it is obvious that she will have to move to Dunedin before I will be able to as our SMC application is depending on my current skilled work here in Auckland. and I don't want to make things too complicated before our CO allocation.

So my question is; under our current circumstance and our current visas and pending SMC application. Can she accept another position on her current Talent (Accredited Employer) Work Visa while our SMC application is pending? Or is she currently "stuck" with her current employer on her Talent (Accredited Employer) Work Visa as her visa specifically states she can only work for that employer for that particular position.

Thanks.

[cakes88]

I think, it shouldn't be a problem as you don't claim any points regarding her skilled job offer. However, the CO might raise questions regarding your partnership situation as you'll be living apart with her.

[JandM]

If she is offered the other job, she would have to be sponsored for a new Talent (Accredited Employer) Work visa, applying while still holding the old one - DON'T give up the job first or it would invalidate the visa and make her illegal, instead, liaise with INZ to make the changeover smoothly. She couldn't just get a VOC because she would be moving away from the geographical area.

Regarding your SMC application, if she moves away for her work, you would have to be very careful to keep evidence that you are maintaining the relationship - telephone, Skype, other internet records, financial payments from one to another, records of either of you buying items that will be for the use of both of you, regular travel to spend time together, etc. etc.. Along with your evidence of partnership (living together) already provided, this should be enough to convince INZ that the partnership is still continuing.

[Yanco]

If she is offered the other job, she would have to be sponsored for a new Talent (Accredited Employer) Work visa, applying while still holding the old one - DON'T give up the job first or it would invalidate the visa and make her illegal, instead, liaise with INZ to make the changeover smoothly. She couldn't just get a VOC because she would be moving away from the geographical area.

Regarding your SMC application, if she moves away for her work, you would have to be very careful to keep evidence that you are maintaining the relationship - telephone, Skype, other internet records, financial payments from one to another, records of either of you buying items that will be for the use of both of you, regular travel to spend time together, etc. etc.. Along with your evidence of partnership (living together) already provided, this should be enough to convince INZ that the partnership is still continuing.

Hi JandM,

Can you please explain why she can't get a variations of condition for her Talent (Accredited Employer) Work visa?

If we read the inz1020 form ( https://www.immigration.govt.nz/documents/forms-and-guides/inz-1020-application-for-variation-travel-conditions_april-2016_fa_web.pdf ), it says that only for Essential Skills work visa holders, a new work visa is necessary when changing location;

Quote:

Work visa holders
You may apply for a variation of conditions to allow you
to change your occupation, your employer or your place
of employment, or to study part-time. If you are changing
employer, your new employer must complete the Employer
Supplementary [INZ 1113] Form, unless your new employer
is an Accredited Employer.
If you hold an Essential Skills work visa, you will need to apply
for a new work visa rather than a variation of conditions
if you wish to change:
• your place of employment
• your occupation (unless your occupation is listed on
a Essential Skills in Demand List and you meet the
requirements of the relevant list)
• the conditions of your employment, if your amended
conditions will result in you working in a lower skill band.[

[JandM]

Talk to INZ and see if she can get a VOC. I'm a member of the public, and may have got the wrong impression.