Essential skill work visa

[claire22]

Hello!! I am currently on an essential skill work visa for 3years and I applied for my residency last year.. I am currently looking at changing employers.. is this possible, can I just transfer my current visa over to my new employer?? If so, what Info would I need to provide for the transfer.. the job will still be in the same skill!

[Kelerei]

There's a knowledgebase answer on INZ's website that covers this, but I'll repeat the relevant sections here:

For holders of an Essential Skills Work Visa changing employers, you can request a variation of conditions only if:

• your employer is changing, but your role and the location of employment remain the same; or
• your new position is on one of the Essential Skills in Demand Lists and you meet the requirements of the list.

In all other cases, you must apply for a new Work Visa.

Also note the advice from INZ on the aforementioned knowledgebase answer concerning when you may start your new job.

You will also need to notify INZ with regards to your Resident Visa application if this is a material change that may affect the outcome of that application; not doing so will likely lead to your application being declined (see R5.20.1). This will mainly depend on what residency category you applied under: a change of employment would be a material change for an application made the Skilled Migrant Category, but it's unlikely to be a material change for an application made under any of the family/partnership categories.

[claire22]

My job is a massage therapist so will that require a whole new visa??

[ysc5]

For holders of an Essential Skills Work Visa changing employers, you can request a variation of conditions only if:

• your employer is changing, but your role and the location of employment remain the same; or
• your new position is on one of the Essential Skills in Demand Lists and you meet the requirements of the list.

[claire22]

I’m not sure if I meet those requirements or not.. I Would be changing companies but not sure about massage being on skills demand list..?? I’m able to for residency so does that mean it’s on The list?

[JandM]

No, that doesn't mean it's on the list. Here's the INZ Skills Checker page. https://skillshortages.immigration.g...sage-therapist

So you would not be able to apply for a variation of conditions. You would have to apply for a new visa, and meet all the conditions (like you did in the first place). https://www.immigration.govt.nz/new-...-visa#criteria

Please note - nobody can use a work visa with one employer's name on, to work for a different employer. There has to be a changeover, with INZ's agreement and help. Also, don't resign from a job before doing the formalities, because the visa linked with that job is what gives you the legal right to be in New Zealand.

[claire22]

Thank you!! Looks like I’ll be waiting fir residency before I make a move!!

[claire22]

If I’m required to apply for a new visa to transfer, would I need to apply for new police certificates.. mine are currently with residency application! They are 12months old.. also just to be certain for my residency application I claimed the points for job outside of Auckland.. when they say Auckland do they just mean the city My new job would be in Tauranga!

Thanks

[Kelerei]

If I’m required to apply for a new visa to transfer, would I need to apply for new police certificates.. mine are currently with residency application! They are 12months old..

As per A5.10(d), if police certificates were submitted with a previous application:

• they can be accepted for any further application for a temporary entry class visa (other than a student visa under U4.10) made within 24 months of the date of issue of the police certificates; or
• they can be accepted for further student visa applications as either:
  
  • a fee-paying foreign student (U4.10); or
  • a student enrolled in any Doctor of Philosophy (PhD) programme in any New Zealand university (see U3.35.20)
  made within 36 months of the date of issue of the police certificates; or
• they can be accepted for any further temporary entry class visa application as a partner or dependant of a student enrolled any Doctor of Philosophy (PhD) programme in any New Zealand university made within 36 months of the date of issue of the police certificates; or
• they can be accepted for a residence class visa application under the Partnership Category (F2) or the Dependent Child Category (F5) made within 24 months of the date of issue of the police certificates.

If A5.10(d) does not apply, police certificates must be less than six months old at the time an application is lodged.

also just to be certain for my residency application I claimed the points for job outside of Auckland.. when they say Auckland do they just mean the city My new job would be in Tauranga!

For the purposes of the Skilled Migrant Category, INZ considers employment to be outside the Auckland region if the principal applicant's entire or principal place of work is not within the territories covered by the Auckland Council. See SM6.50.1(a), and the definition of "place of work" at SM6.50.1(b).

[claire22]

So I applied for my essential skills work visa in feb19 with police certificates and then used the same police certificates to apply for my residency application in May 19 but they still have them with my application.. do I qualify for the 24months??