Specific Work Visa Holder - Applied SMC in Aug 2019

[satty02]

Hi All,

I am in New Zealand working on an Assignment on Specific Purpose Work Visa (Completing 2 years in NZ in April). I had applied for SMC last year and lodgement date is 16th Aug (and like others I don't have any CO assigned yet), my visa is expiring this year in Aug.

My employer will extend me based on project availability, Let's see if it extended for 3, 6 months or 1 year. what are my options if INZ is not satisfied that it's ongoing and sustainable employment?.

My employer is a multinational IT Company (operating in more than 40 countries) and been operating in NZ for 7 years and profitable. My job is in Long Term Skill and level -1 (and paying 85K NZD/year).

In the worst case, if I have to go back due to lack of work/project and I have a CO assinged or application in the final stage what would happen.

Anyone with a similar experience or anyone who might know how this would go, please help.

[satty02]

Is anyone able to help?

[JandM]

It appears that if your company still wants you there for their specific purpose, the extension to the visa necessary will be forthcoming.

Business people being transferred

If you are a business person being transferred from one part of a multinational company to another in New Zealand you can stay for up to 3 years.

You can apply for another Specific Purpose Work Visa if it is necessary to complete your specific purpose or event.

https://www.immigration.govt.nz/new-...rk-visa/slider

But in the INZ operational manual, WS2.1.1 spells out the length of time allowed for different categories of worker. https://www.immigration.govt.nz/opsmanual/#64777.htm

For INZ to keep processing a residence visa under SMC, the applicant MUST have a skilled job, or the offer of one. If the job comes to an end for any reason, that ends the temporary work visa also, so the applicant would have to leave the country. The usual procedure is for the CO working the residence application to allow a little time in case the applicant is able to secure the offer of another skilled job which would make them eligible for a new temporary work visa of some kind, but if that doesn't work out very promptly, the application under SMC would have to be rejected.

[satty02]

It appears that if your company still wants you there for their specific purpose, the extension to the visa necessary will be forthcoming.https://www.immigration.govt.nz/new-...rk-visa/slider

But in the INZ operational manual, WS2.1.1 spells out the length of time allowed for different categories of worker. https://www.immigration.govt.nz/opsmanual/#64777.htm

For INZ to keep processing a residence visa under SMC, the applicant MUST have a skilled job, or the offer of one. If the job comes to an end for any reason, that ends the temporary work visa also, so the applicant would have to leave the country. The usual procedure is for the CO working the residence application to allow a little time in case the applicant is able to secure the offer of another skilled job which would make them eligible for a new temporary work visa of some kind, but if that doesn't work out very promptly, the application under SMC would have to be rejected.

what if there is no CO assigned to the application when the job comes to an end?.

[JandM]

The application would still have become ineligible. Every applicant has an obligation to tell INZ about all changes in their circumstances, and if someone has to tell them s/he doesn't have a job any more, that will get the file taken from the queue and the case ended.

[satty02]

yes, I had the same understanding, thanks for your reply, and it's so frustrating that INZ is taking ages and the same people used to process application in 3-4 months, people's life, career is at stake. Wish they clear this mess soon.