INZ 1235- Employer Not Willing Complete Form

[SG2NZ]

Dear Forum Members,

One of my friend who is currently holding an Essentials Skill Work Visa ( 5 Years , Higher Skilled)

He applied for Skill Migrant Category and he has received ITA and collated all documents.

Now his employer is not willing to sign INZ1235 ( Employer Supplementary form) for him to submit is Skills Migrant Application for some reasons.

He still works with current employer ( payslips, IRD, bank statement) every is in order.

Now does he really need INZ1235 to submit his application or he can proceed without that ?

Any advice from JandM , EGoodHue, Karen will be highly appreciated.

He is willing to engage an LIA if needed be

Many thanks in Advance

[JandM]

Yes, he absolutely does need that form from the employer. Proof of skilled employment, with the employer showing the details of his skilled responsibilities, is a basic requirement for an application under SMC.

Some employers prefer that their employees do not get residence. A resident can readily leave and get another job, whereas someone on a work visa is tied to them and dependent on them, and therefore more under their control. Nobody can force an employer to co-operate with INZ.

Your friend has the right to look for another job, however, and get a Variation of Conditions on his visa (or a new visa if there is a big difference in the jobs) https://www.immigration.govt.nz/new-...c-are-changing, if he strongly want to go ahead with applying for residence. If he does this, he should get in touch with INZ and co-ordinate changing the visa as necessary, and NOT leave the present job before having a new one, as his permission to live and work in NZ is tied to the present, named, employment.

[EGoodhue]

JandM is right, the INZ1235 is a mandatory form to submit with an SMC application. The employer also needs to be willing to speak to or answer emails from the Immigration Officer allocated to assess the application, as INZ will contact the employer to verify some of the details of the employment.

[SG2NZ]

Many Many thanks for thoughtful insights. I will advise him the same
Once again JandM , EGoodHue you people are an pillars of strength to this forum. Kudos to you both

[desilva]

Dear Forum Members,

One of my friend who is currently holding an Essentials Skill Work Visa ( 5 Years , Higher Skilled)

He applied for Skill Migrant Category and he has received ITA and collated all documents.

Now his employer is not willing to sign INZ1235 ( Employer Supplementary form) for him to submit is Skills Migrant Application for some reasons.

He still works with current employer ( payslips, IRD, bank statement) every is in order.

Now does he really need INZ1235 to submit his application or he can proceed without that ?

Any advice from JandM , EGoodHue, Karen will be highly appreciated.

He is willing to engage an LIA if needed be

Many thanks in Advance

In my opinion, if the personalized checklist in the ITA letter does not mention that he has to provide INZ1235, then he can proceed forward to lodge his application, which in my opinion will be lodged. Also the FAQ document which I received with the ITA pack clearly mentioned that submission of INZ1235 is not mandatory however we strongly suggest you to submit that. But if the ITA personalized checklist mentions that he has to provide INZ1235 then for sure he must submit for lodgement.
But the problem is that even if the application is lodged, INZ shall contact the employer and if they are not willing to reply back than it is just the total waste of money and time for him and its better to look for another job which I am sure is hard for the migrants with temporary visas

[cakes88]

I think it also depends on what is the main reason that the employer doesn't want to fill the form. If the main reason is because the employer doesn't want to disclose some classified information about the company to the employee then he might be able to move forward with the application. However, if the main reason is purely because the employer doesn't want to support the employee to get the RV then there's no point to go forward.

[Kelerei]

The INZ 1235 is always required if the applicant is claiming points for either skilled employment, or an offer thereof.

As per the INZ 1105 guide (which details the evidence that needs to be provided when lodging an application for residence under the Skilled Migrant category), the following evidence is required in order to claim points for skilled employment:

To show you are able to claim points for skilled employment, you will need to provide the evidence below. Please read this section very carefully.

INZ needs to see all of these documents as evidence of skilled employment to be able to consider your application for residence:

• a written offer of employment; and
• a detailed job description; and
• an employment agreement entered into by you and the employer, stating:
  
  • the terms of your employment, including whether the position is full-time, the length of employment offered and the salary or wages offered; and
  • the period during which employment may begin, or the date which it began if you have already taken up the position; and
• evidence of your qualifications or work experience, and also remuneration as needed to meet the requirements for skilled employment. Refer to ‘Skilled employment’ in the Skilled Migrant Category Expression of Interest Guide (INZ 1101) for further information about skilled employment and the applicable requirements; and
• evidence of full or provisional occupational registration, if it is required by law in New Zealand to do your job; and
• an Employer Supplementary Form INZ 1235 completed by your employer.

You will also need to ensure that your employer is not included on a list of non-compliant employers maintained by the Labour Inspectorate (http://www.employment.govt.nz/employ...ment-standards).

INZ may need to ask you, your employer, or your recruitment agency for further information or documents before we can make a decision on your application

The INZ 1235 is therefore only not required if not claiming points for skilled employment.

Failure to provide the INZ 1235, if claiming points for skilled employment, is likely to result in the application being declined as per SM3.10. As per JandM and EGoodhue's posts above, if the employer refuses to provide the INZ 1235, the only option available to the applicant is to find an alternative employer.

[SG2NZ]

Many thanks Everyone, Appreciate it