Variation of Conditions for Essential Skills Work Visa holder

[doppleganger]

Hi everyone,

I currently have an Essential Skills Work Visa and have an offer from another company. Details are below:

1. Same location (AKL)
2. Same role but different job titles, basically doing the same things as per Job Description
3. Pay is way higher with the new company

I remember when I applied for the Essential Skills WV, there was a labour market test, would you reckon this is still required if I jump ship? The new company job advert came out in late November and I got an offer today.

Also, what's the turn around time for VOC's these days? Last I had my VOC (Employer Assisted Visa), last year was around 2 weeks time. Now that holidays is fast approaching, I would expect more.

Thanks for the replies!

and Merry Christmas to all!


Cheers!

[Kelerei]

There's an INZ FAQ entry, "I have a work visa, but my job details are changing", that outlines the procedure for a holder of an Essential Skills Work Visa.

You can vary the conditions of your Essential Skills Work Visa if one of the below situations applies to you:

• Your employer is changing, but your occupation and the place of employment remain the same.
• You want to change any conditions on your visa and your new position is on one of the Essential Skills in Demand Lists and you meet the requirements of the list.

In any and all other situations, an application for a whole new Work Visa is required.

Whether you apply for a variation of conditions or a whole new Work Visa, your employer will need to complete the INZ 1113 Employer Supplementary Form, unless your new employer is an Accredited Employer (in this case, you should provide their accreditation certificate instead: this isn't mentioned anywhere, but from my experiences applying for a Talent (Accredited Employer) Work Visa back in the day where this is required as supporting evidence, it's not a bad idea -- for the avoidance of INZ doubt more than anything else). From reading this form, it appears that Section C (the labour market test section) does not need to be completed for a variation of conditions application. My understanding and interpretation of the form instructions may be incorrect however, so please check this yourself to be sure. The instruction leave no doubt that you will require a labour market test if you need a whole new Essential Skills Work Visa though.

At present, 90% of applications for a variation of Work Visa conditions are processed within 42 days.

Finally (and others on this forum will reiterate this), take note of the paragraphs in that FAQ entry regarding aligning the variation of conditions with your notice period, and the need for your Work Visa to accurately reflect your work details at all times -- getting this wrong may result in visa revocation and deportation.

[JandM]

https://www.immigration.govt.nz/new-...c-are-changing You may come under Option B at that link, if your job is on the essential skills in demand list.

In general, if it's not on an 'in demand' list, the new job will have to meet the criteria about availability of New Zealanders. https://www.immigration.govt.nz/new-...-visa#criteria

Has anyone been granted a VOC recently, to help out with timing? - though, of course, every case is individual, and the facts will be checked.

[JandM]

Oh, simulpost, Kelerei.

[Kelerei]

You may come under Option B at that link, if your job is on the essential skills in demand list.

Actually, it sounds a lot like he'll come in at Option A, especially if the ANZSCO codes between old and new position are the same (which is heavily implied). I am no LIA though, and am definitely no judge on such matters, and recommend him (and anyone else in this position reading this!) to consult with an LIA or INZ themselves if there is any uncertainty as to eligibility for a variation of conditions -- I'm certainly not sure myself, reading the original post again (and if I were the original poster, I would be on the phone to the call centre right now).

Oh, simulpost, Kelerei.

This is becoming a really bad habit of ours...

[JandM]

Yes, quite, to your point about checking with INZ and making it official. There's nothing in his post history to clarify what the job is, so we can't pinpoint what regulations will apply.

I think we should regard ourselves as 'belt and braces'!

Doppelganger, didn't you apply for residence under SMC after all, as you were preparing to do back in 2017?