SMC application : Losing your job while waiting CO

[ecilassim]

Hi All,

Think I start this discussion as it might happen to me soon. I was wondering if anyone here already lost their job and informed INZ already?
I wish to see if someone already inform INZ about this and how their reponses?
I'm worrying once I inform INZ after lost my job, Instead give me some time look for new job, INZ might just declined my application or ask me reapply, which pretty much impossible now.

[EGoodhue]

INZ sent included the following in an update to LIA's last week:

INZ understands that many migrants may have lost their job or had their hours of work and/or wages reduced as a result of COVID-19 and New Zealand’s Alert level system, which means they are not meeting their visa requirements. INZ will be taking a reasonable approach to individuals in this situation and we will not be focussing our compliance activity on these individuals in the first instance. INZ will also take into account any impacts on an individual’s employment history as a result of COIVD-19 during the assessment of any future applications and decisions will be made on a case by case basis based on their individual circumstances.

INZ won't be taking Compliance action against people who have lost their jobs recently. You should inform INZ as soon as you are able to, to avoid the consequences of INZ claiming you have withheld material information further down the track.

[ecilassim]

this just a thought :
if I lost my job while waiting CO, later on I could not find a new job and eventually have to withdrawal application.
do I have a ground appeal or do anything based on the point : I did meet all the INZ requirements to apply, but INZ applied a new selection criteria and this selection criteria was not available to public or provided by INZ when I submit my application. And this action have resulted people who have later submission date actually earn INZ priority to process their case, end up I failed meet the requirements before even been treated fairly allocation.

PS: I'm not asking answer for this I'm well aware there're too uncertainty and unforeseen future atm, I'm just sharing this thought want to see how's everyone think about this

[msum]

Asking for a friend:
I also want to know if someone is working since October and Skilled Migrant application is with INZ since January and CO is assigned in feb and he got all the documents that full fill the SMC criteria. Afterwards, if the person got redundant by end of april because of covid 19. How to go about this ? Will CO give residency? He is asking for a new job update now even though the delay happened from their end.

Erin I will really appreciate your two cents on this as its a very critical issue.

[msum]

I should also mention that my friend was on Skilled Migrant Job search visa and had to show a job offer to INZ to get it converted to resident visa. submitted the offer along with 3 months salary slips in January and INZ delayed the case

[EGoodhue]

A Residence application won't be finalised while the applicant is unemployed (even if it was a JSV-Residence application). One would hope that SMC CO's will be lenient in allowing applicants some time to secure new skilled employment, and then assess the new employment to be able to finalise the application - but we're yet to see what INZ's position is on this.

[msum]

you are right but it really is unfair at INZ's part ! I was hoping there was an appeal or some other option to go about this

[JandM]

INZ isn't being unfair, in itself. The politicians sign off on the laws governing the granting of visas, and INZ have to apply the regulations as written.

SM1.5 h: If an offer of ongoing skilled employment (see SM6) is obtained during the deferral period, the application may be approved.

https://www.immigration.govt.nz/opsmanual/#66762.htm And see SM6.30.10. https://www.immigration.govt.nz/opsmanual/#66791.htm For residence to be granted to the JSV holder, s/he has to have, at the time, a skilled job which, according to the contract, will go on into the future (for at least 12 months, and even then, the employer has to show good reason why it's only that long).

As EGoodhue says, one would hope that time will be allowed for the employee to find another skilled job. INZ do have a past record of giving some time for fresh job hunting in the slightly similar situation where someone's residence under SMC application is being processed but then they are made redundant from their skilled job.But however sympathetic the official may be to the individual applicant, ALL they can do is delay closing down the processing because the conditions are no longer met, to give the person a chance for another job, and I'm sure the line-managers wouldn't be allowed to turn a blind eye to things being stalled for TOO long.