Change of Circumstances Clarification (Covid-19 Redundancy)

[YMCheah]

Hi Guys,

Unfortunately my employment has joined the long list of casualities of the COVID-19 Pandemic. While im on the hunt for a new job, I was hoping to get some clarification to better prepare my missus and in dealing with Immigration NZ. She has been scouring this site for a while now and were constantly amazed at the helpfullness and clarity provided whether it be an answer or pointing the person to the right direction. Thank you in advance for your time. Here goes;


Situation:

- Completed a level 7 Bachelor in Applied Technology Automotive Engineering in 2018
- Was employed as an Automotive Technician by immigration accredited employer at 26.50NZD
- Made redundant. Notice ends and officially jobless 26 June 2020
- Currently on open job visa till September 2021
- Residency application lodgement date 25 June 2019

Questions:

1) How low can my pay drop to while still maintaining our SMC Residency application? * 25NZD min required at time of application. Currently residency requirement is 25.50NZD

2) If my next employer is not Immigration Accredited what are the futher requirements that INZ would require us to furnish? and will it be harder? will they be required to submit a labour market test?


Thank you in advance

[Kelerei]

I really hate to be the bearer of bad news here, but...

1) How low can my pay drop to while still maintaining our SMC Residency application? * 25NZD min required at time of application. Currently residency requirement is 25.50NZD

You absolutely have to find employment that matches the definition of "skilled employment" as per SM6, otherwise your application is in jeopardy.

My former LIA, who I still maintain contact with, received communications from INZ last week stating "... the conditions in a work-to-residence work visa or a job offer associated with a skilled migrant category visa application must be met for the applicant to be eligible for residence." In other words, no exception to immigration instructions will be applied for those now unemployed due to COVID-19: if you do not find skilled employment, you can expect your SMC application to be declined.

2) If my next employer is not Immigration Accredited what are the futher requirements that INZ would require us to furnish? and will it be harder? will they be required to submit a labour market test?

Labour market tests are not required for a Skilled Migrant Category Resident Visa application (again, see SM6, which applies no matter which Work Visa you're on and regardless of your employer's accreditation status), but are a requirement for some types of Work Visa (particularly, Essential Skills).

An open Work Visa allows one to work in any role for any employer in New Zealand, but if a favourable decision on your SMC application is not reached by the time your current open Work Visa expires, you'll need a further (likely, employment-based) Work Visa to legally remain in New Zealand, and that's when the labour market test may come into play. Currently for the Essential Skills Work Visa, labour market tests are not required for SMC applicants under certain circumstances (WK3.20.10), though whether this instruction will remain unchanged in future is debatable.

It's possible, however, for your partner to be the one to obtain an employment-based Work Visa, though I cannot tell you if this is the best way forward in your case (this requires in-depth knowledge of both of your circumstances, and specialist advise which I cannot legally provide); you'll need to ascertain for yourself whether this is the best way forward in terms of further Work Visas. Either way though, whichever one of you doesn't obtain the employment-based Work Visa would then go for the Partner of a Worker Work Visa (which is an open Work Visa): take a look at the INZ factsheet to see which types of employment-based Work Visa can sponsor such an application (most do, but some don't). For the SMC application, INZ will only care that your employment meets the requirements of SM6, and that your Work Visa allows you to do the work -- not which specific Work Visa you have.

Unfortunately, if neither of you can obtain subsequent Work Visas if needed, you may be faced with no choice but to withdraw the SMC application and return to your country of origin.

[Scotfraser]

If you go to sub forums at the top of this page and then to the covid 19 section I had asked about this myself a few weeks ago there’s bits of info in there

[YMCheah]

Thank you for the assistance Kelerei.

in regards to my 1st question, perhaps i should clarify. I will be going for the same job title "Automotive Technician"and description. I will be asking in wages the required amount to maintain my SMC Residency application.

Thats where the uncertainty applies. I guess the question is;

1) " What is the minimum i need to be paid?"

a) 25NZD ( Requirement for my SMC Residency application at time of submitting)
b) 25.50 NZD (Current requirement for SMC Residency application)
c) 26.50 NZD ( because I was earning that at the time of the SMC Residency application)
d) Kiss your application good bye

Thanks again

[Kelerei]

I'll defer to Erin for an answer on that one. It's been demonstrated before that INZ generally uses the criteria as of date of lodgement, so by that logic, a) will probably be the correct answer -- but one should assume nothing and suspend all logic when it comes to INZ!

[larrykiwi]

It looks like you will need to have $25 per hour or higher.

[ecilassim]

Hi Guys,

Unfortunately my employment has joined the long list of casualities of the COVID-19 Pandemic. While im on the hunt for a new job, I was hoping to get some clarification to better prepare my missus and in dealing with Immigration NZ. She has been scouring this site for a while now and were constantly amazed at the helpfullness and clarity provided whether it be an answer or pointing the person to the right direction. Thank you in advance for your time. Here goes;


Situation:

- Completed a level 7 Bachelor in Applied Technology Automotive Engineering in 2018
- Was employed as an Automotive Technician by immigration accredited employer at 26.50NZD
- Made redundant. Notice ends and officially jobless 26 June 2020
- Currently on open job visa till September 2021
- Residency application lodgement date 25 June 2019

Questions:

1) How low can my pay drop to while still maintaining our SMC Residency application? * 25NZD min required at time of application. Currently residency requirement is 25.50NZD

2) If my next employer is not Immigration Accredited what are the futher requirements that INZ would require us to furnish? and will it be harder? will they be required to submit a labour market test?


Thank you in advance

have u informed INZ? do u have a LIA or lawyer?

[EGoodhue]

I'd say you're ok with a drop in pay up to the point that your Residence application gets allocated to a case officer. No one is going to be looking at your application until then - it's just sitting in a big, long queue. It's the point that the application gets allocated to a case officer and they start assessing the application details that it will matter whether you're on the wage rate required or not. As you lodged at the time that the income threshold was $25, you'll just need to earn this or above by the time a case officer is assessing your application.

[YMCheah]

Hi Scotfraser,

Thank you for point that out. I had a read of the sub forum. I believe the situation is different as I will be engaging in the same role (Automotive Technician). Thank you for your time though.

[YMCheah]

Hahaha very true indeed. Yeah I do believe they would use the requirements at the time of application. Having said that the point you bring up on suspending logic coupled with the current state of the country leaves me fairly worried abou the outcome.