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Thread: Skilled migration cat visa linked with businesses struggling to make profit hit by covid 19

  1. #1
    Join Date
    Aug 2019
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    Default Skilled migration cat visa linked with businesses struggling to make profit hit by covid 19

    Hi frnds!
    I know itís hard time - and uncertainty is mounting further. I have few situations that some one will encounter , any one can have best answers of these;-
    1- Situation 1- Business losing revenue and boss asks you , sorry mate canít continue hiring you- mean straight away Skilled Migration Cat visa application will be declined , correct ?
    2- Situation 2- Business struggling to survive and boss sends you on unpaid leave, mean while a case officer is assigned. What shall be your fate?
    3- Situation 3- Business continues, keeps you hired , keeps paying you and other employees salaries but is not making profit. What ll it bring to your SMC visa ? As itís categorically stated that business shall be making profits!

    Do you think, under the prevailing unprecedented conditions, Govt ll show some mercy over the applicants waiting in queues since months/ years and would grant them residency?

  2. #2
    Join Date
    Jan 2019
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    To my knowledge, the government hasn't made any immigration announcements yet. They have higher priorities right now but I imagine they will make announcements over the coming weeks.

    All they've said so far is (via EGoodhue):

    "We are evaluating migrant employer issues associated with the current Covid-19 outbreak and appreciate feedback from affected sectors.

    Your patience is appreciated while cabinet, Immigration New Zealand and other government agencies coordinate to manage this unprecedented situation."

  3. #3
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    Thanks and hoping to hear some thing good.

  4. #4
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    Here https://www.immigration.govt.nz/abou...-notifications is where new official announcements appear, once the details have been finalized.

    I agree with MagicPizza, that the NZ government, dealing with matters concerning containing the spread of the pandemic, are not giving any priority to immigration. There are going to be all kinds of situations to be retrieved and involuntary breaches of the regulations to be smoothed over (on INZ's part as well as the applicants'), when once we come out of the emergency and people start to pick up the pieces of normal life once more.

  5. #5
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    Thank you JandM.

  6. #6
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    It's too hard to tell what the outcome of this unusual situation will be in terms of how INZ will respond further down the track, once things are up and running again. But, my two cents worth (and please note that this is my personal opinion ONLY and please don't construe this as official advice), is that INZ will need to take a much more flexible approach to allowing applicants to finding new roles if they are amongst the several thousand who are set to become unemployed as a result of this crisis. I have seen unemployment rate predictions of between 10% and up to 30% and the labour market is going to undoubtedly look very different once we are out the other side of this. Companies are also no doubt going to look at new ways of doing business. And with such huge changes across the board, it wouldn't be logical for INZ to continue to apply the same assessments as they have been pre-Covid-19 pandemic. It might take a while for a new framework for assessment to be developed (and I believe INZ would be remiss to not already be thinking about what this might look like now) but I do believe that there will be a shift in how applicants are assessed in the near future, and my hope is that this will include flexibility to allow applicants to source new jobs where they can, taking periods of unpaid leave into account and, above all else, assessing the sustainability of a business from a completely fresh perspective.

    I worked for INZ during the 2007-2008 GFC and there was definitely a drive to assess sustainability of an SMC applicant's employment in a broader sense at that time. It stands to reason that a similar approach be taken by INZ in this instance.

    And just a note on your point about it being "categorically stated that business shall be making profit", this is not correct. SM6.30.10(e) states that an immigration office may consider factors including the residence status of the employer, the period for which the employing organisation has been established as a going concern, the financial sustainability of the employing organisation and forecasts of projected growth in determining whether employment is sustainable. Instructions also note that the factors an immigration office may consider are not limited to these, which is where the broader assessment that I hope will be implemented could come into play. I expect that increased focus will be placed on the factor of forecasts of projected growth also. Please keep in mind that the intent of the requirement that employment is sustainable is to ensure that migrants aren't offered a job by an employer who does not have the means to be able to continue paying them in the long-run, leading to situations of new residents being stranded in NZ and reliant on the meagre unemployment benefit.

  7. #7
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    Aug 2019
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    EGoodhue,
    Thank you so very much for a comprehensive reply. My questions and your detailed reply ll be useful to many friends as there would be so many in to this situation now. Thanks once again!

  8. #8
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    May 2017
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    New Zealand
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    Scary times to be in a different country on the other side of the world away from family on just a temporary work visa that will end in a few months.

  9. #9
    Join Date
    Apr 2018
    Location
    India
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    EGoodhue,
    Thanks for the detailed reply .
    ""Please keep in mind that the intent of the requirement that employment is sustainable is to ensure that migrants aren't offered a job by an employer who does not have the means to be able to continue paying them in the long-run, leading to situations of new residents being stranded in NZ and reliant on the meagre unemployment benefit."" . This is a bit scary to see how the immigration approach on the existing SMC applications . I am an applicant who is waiting for the reply of the assessment with an ongoing job , worried on how the approach of immigration would be on residency.

  10. #10
    Join Date
    Aug 2019
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    New Zealand
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    Guys,
    Tonight we are moving to level 3, will INZ start handling SMC applications again ?

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