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Thread: Pay cut - RFW visa conditions

  1. #1
    Join Date
    Mar 2018
    Location
    United States
    Posts
    22

    Default Pay cut - RFW visa conditions

    Hello,

    I am currently on a Talent (Accredited Employer) Work Visa and my employer is considering asking all of the employees to take a pay cut. This pay cut would put me below the 55k threshold which was the basis for granting my visa. Of course, being below this salary would make me ineligible to apply for residency using this pathway but I was wondering if one of the conditions for holding the visa is to have a salary above 55k. Basically, am I breaching my conditions as soon as the paycut is official? (I will be fighting this, as the paycut is akin to laying me off since I can't renew my visa with a salary below the threshold).

    Thanks!

  2. #2
    Join Date
    Feb 2008
    Posts
    36,611

    Default

    Have a look at the sub-forum dedicated to conditions arising from the Covid-19 emergency. https://www.enz.org/forum/forumdisplay.php?f=47 You will find a thread over there with the latest information as it comes through from INZ to LIAs. There are many people whose work situation has been drastically changed, and at the moment, the government have been concentrating on dealing with the pandemic, and haven't given any priority to sorting out the mess with very many visas. This will have to be done, but it's unlikely to happen until after the emergency is judged to be over.

    You may wish to consult NZ Citizens' Advice Bureau https://www.cab.org.nz/, as varying the terms of your contract comes under NZ Employment Law.

  3. #3
    Join Date
    Mar 2018
    Location
    New Zealand
    Posts
    837

    Default

    Quote Originally Posted by Skizz View Post
    Hello,

    I am currently on a Talent (Accredited Employer) Work Visa and my employer is considering asking all of the employees to take a pay cut. This pay cut would put me below the 55k threshold which was the basis for granting my visa. Of course, being below this salary would make me ineligible to apply for residency using this pathway but I was wondering if one of the conditions for holding the visa is to have a salary above 55k. Basically, am I breaching my conditions as soon as the paycut is official? (I will be fighting this, as the paycut is akin to laying me off since I can't renew my visa with a salary below the threshold).

    Thanks!
    I don't believe it would be a breach of conditions as such, unless there is a condition stated on your visa of being required to earn a salary of $55k+ at all times (don't believe there is but it's been a few months since I assisted with a Talent work visa). But any reduction in pay will preclude you from applying for Residence from Work, even if the reduction is only temporary and returns to $55k+ before you apply for Residence, as there is a part of instructions that specifies that "the base salary offered must be no less than the base salary that was required at the time the initial work visa application was made" (RW2(b)(iii)).

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