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Thread: SMC Visa can be granted or declined with job offer of 12 months fixed term contract in ICT

  1. #1
    Join Date
    Dec 2018
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    Default SMC Visa can be granted or declined with job offer of 12 months fixed term contract in ICT

    Dear All,

    pls advise can i apply SMC visa having a 12 months fixed term contract........Do i need to provide an extension letter from employer in case CO asked during Visa process ?

    Let me know , in case any other positive condition is required, which can be incorporated in the contract to avoid any issue later in SMC process.....

    Either contract must not have end date or extendable ? Seeking your advice regarding POSITIVE & NEGATIVE scenarios , so i could apply SMC based on a job offer in ICT field against a fixed term 12 months contract .........

    Also, let me know, in ANZSCO , current offer JD must be closely matched with ANZSCO title ???

    Looking forward to hear from you soon.............

    Thanks

  2. #2
    Join Date
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    This is from INZ Ops Manual

    SM6.30.10 Ongoing and sustainable employment

    Ongoing and sustainable employment is:
    employment with a single employer, that is permanent or indefinite, and of which the employer is in a position to meet the terms specified; or
    employment with a single employer, for a stated term of at least 12 months; or
    work on a contract basis where the applicant:
    has a consistent history of contract work, and
    has a current contract for services, and
    INZ is satisfied that such contract work is likely to be sustained.
    Where an offer of employment or current employment is for a stated term of at least 12 months, the stated term must be valid both at the time the application is lodged and when the application is decided, in particular:
    if the applicant has current employment, he or she must be in that employment, or
    if the applicant has an offer of employment, the offer must continue to be valid.
    For the purposes of SM6.30.10 (a) (ii), INZ must be satisfied that the employer:
    has genuine reasons based on reasonable grounds for specifying that the employment is for a stated term; and
    has advised the employee of when or how their employment will end and the reasons for their employment ending; and
    is in a position to meet the terms specified.
    ‘Genuine reasons’ for the purposes of SM6.30.10 (c) do not include reasons:
    that exclude or limit the rights of a person under employment law (including the Employment Relations Act and the Holidays Act); or
    to determine the suitability of a person for permanent or indefinite employment.
    Note: In order to meet employment law, employment agreements that are for a stated term must specify in writing the way in which the employment will end and the reasons for ending the employment.

    When assessing whether employment is sustainable, officers may consider factors including, but not limited to:
    the residence status of the employer
    the period for which the employing organisation has been established as a going concern
    the financial sustainability of the employing organisation
    forecasts of projected growth.

  3. #3
    Join Date
    Feb 2008
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    About assessment of skilled jobs. https://www.immigration.govt.nz/new-...led-employment

    When INZ look at your job, they will be looking for your responsibilities at work to match as closely as possible the DESCRIPTION of the work under the ANZSCO heading. Job titles aren't really relevant, as an employer can call a job anything he likes, that makes sense within his organization. You and your employer will need to describe something you do as part of your job that matches up with each/every line (if possible) of the ANZSCO description.

  4. #4
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    Thanks... Very useful information.........

  5. #5
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    Thanks for your reply Jand...

    For job description t be deemed closely related to the nominated ANZSCO occupation at least 40% to60 % of roles and responsibilities must be relevant to the nominated occupation ?

    Any scale for closely related / matched...

  6. #6
    Join Date
    Feb 2008
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    Nothing is publicly spelt out, but from what has happened to other people's applications, I'd say they're probably looking for 80% and preferably more.

  7. #7
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    Dec 2018
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    UAE
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    Thanks...

    In case we couldn't judge right ANZSCO, INZ can advise us or give chance to a close one/similar RONE... OR they decline application based on provided ANZSCO Code based Job.

  8. #8
    Join Date
    Feb 2008
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    Other people have found that their INZ CO altered their application to a different ANZSCO category that was a better fit - but INZ does not HAVE to do this. It's better if the applicant works it out for him/herself.

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