changing job after lodging ITA

[desilva]

Hi
I have a question regarding changing jobs after the application for residency has been accepted for processing. I lodged my ITA in May 2019. I am now offered another better and higher paying job. Is it possible to change my job without affecting my current SMC application? Thanks.

[Kelerei]

I believe that it's indeed possible, but:

• The new job must meet the definition of skilled employment (and qualify for points thereof) as found in SM6.
• You are obliged to inform INZ, as this is a material change in circumstances occurring after your application has been made, that may affect the decision on the application; see R5.20.1. Failure to do so is sufficient grounds for you application to be declined, and may ultimately lead to you being made liable for deportation.

Also, assuming that you currently hold a Work Visa, you will need to either vary the conditions on your Work Visa or apply for a new one.

[MBI]

Hi,

I have the same question, do we just need to send them the contract from the new employer and a cover letter mentioning the new ANZSCO code?

[Kelerei]

Hi,

I have the same question, do we just need to send them the contract from the new employer and a cover letter mentioning the new ANZSCO code?

I would make an educated guess that you would need to submit the employment contract, and additionally a new Employer Supplementary Form signed by the new employer (you would have submitted one of these relating to your previous job when lodging your SMC application initially). The ANZSCO occupation title, occupation code and skill level is specified on the Employer Supplementary Form. I would, were I in this position, also submit a cover letter that gives a brief outline of the additional information being provided, and that includes my INZ client number and SMC EOI reference number so that INZ would be able to accurately match the additional information to the SMC application in progress.

I would suggest that you contact the INZ call centre to be sure of the above (and please post the response here!).

EDIT: Just to remind and reiterate, the Employer Supplementary Form must be completed and signed by your employer (not by you!). Your employer must then return the completed form to you -- submitting it to INZ is your responsibility. This is all outlined on the cover page on the Employer Supplementary Form.

[JandM]

Adding to what Kelerei said, if you decide to change your job and therefore need a VOC or new work visa, make sure to liaise with INZ to ensure that the changeover happens at the same time as ending the old job and starting the new - you HAVE to be covered by the right visa for any and all work. Also, ensure that you don't give notice on the old job before having the VOC or new visa, as it is not allowed to apply for any new visa from within NZ if you don't have one, and resignation from the old job would bring the old visa to an end, which would also stop processing of your SMC residence application.

[desilva]

Hi JandM and Kelerei
Thanks for the advice.
I am currently on open-work visa, which basically entitles me to work for any employer in NZ. Therefore I do not believe I need to apply for new work visa?
Having said that, my current jobs and the job offered are the same with similar sort of responsibilities. The only difference is that my new job is offering way higher salary and is a government organisation.
Under this scenario, I believe I don't have to change my work visa because it is already an open-work, however, I would like to initiate the process of formally informing INZ of changing my job so that my SMC application does not get affected. Not sure of the precise process. Can anyone guide me on that?

[Kelerei]

I am currently on open-work visa, which basically entitles me to work for any employer in NZ. Therefore I do not believe I need to apply for new work visa?

Correct.

Most Work Visas have conditions that state things like job title, employer's details, and region of employment: if these details change, the visa holder must get a variation of conditions or a whole new Work Visa to continue working lawfully in NZ. A Work Visa that states "may work for any employer in any occupation in New Zealand" is, obviously, not bound or affected by this.

[...] I would like to initiate the process of formally informing INZ of changing my job so that my SMC application does not get affected. Not sure of the precise process. Can anyone guide me on that?

Answered in post #4 above.

[desilva]

I would make an educated guess that you would need to submit the employment contract, and additionally a new Employer Supplementary Form signed by the new employer (you would have submitted one of these relating to your previous job when lodging your SMC application initially). The ANZSCO occupation title, occupation code and skill level is specified on the Employer Supplementary Form. I would, were I in this position, also submit a cover letter that gives a brief outline of the additional information being provided, and that includes my INZ client number and SMC EOI reference number so that INZ would be able to accurately match the additional information to the SMC application in progress.

I would suggest that you contact the INZ call centre to be sure of the above (and please post the response here!).

EDIT: Just to remind and reiterate, the Employer Supplementary Form must be completed and signed by your employer (not by you!). Your employer must then return the completed form to you -- submitting it to INZ is your responsibility. This is all outlined on the cover page on the Employer Supplementary Form.

I just contacted INZ call centre. She replied that, I just need to provide new contract and the cover letter. She said thats the only thing you provide. She did not mention anything of employer supplementary letter. Should I get a second opinion from lawyer or contact centre again?

[JandM]

Kelerei's first answer was written before you said you were on an open visa - that's what makes the difference so you don't need the extra paperwork.

[junlong]

Adding to what Kelerei said, if you decide to change your job and therefore need a VOC or new work visa, make sure to liaise with INZ to ensure that the changeover happens at the same time as ending the old job and starting the new - you HAVE to be covered by the right visa for any and all work. Also, ensure that you don't give notice on the old job before having the VOC or new visa, as it is not allowed to apply for any new visa from within NZ if you don't have one, and resignation from the old job would bring the old visa to an end, which would also stop processing of your SMC residence application.

If I got new offer today, submit VOC tomorrow, and only when INZ confirm they received VOC application, I shall inform current employer of the resignation?