Erin and JandM question: Promotion and Essential Skills Work Visa

[JHadders]

Hi everyone
My battle to progress my career while awaiting my SMC decision continues.
The position above me has opened up, and I was going to put myself forward for it.
Job description is the same
ANZSCO title is the same
Job title is slightly different (Advisor instead of Administrator)

My Essential Skills Visa states that I am able to work for my company as a project or program administrator.

Would I need to apply for a variation of conditions? And would my employer need to advertise externally?

Thanks!

[JandM]

Hello. I found this page https://www.immigration.govt.nz/know...-question-1187, which seems to suggest that a change of job would need a VOC, and even advises that if you are going to need to renew the Essential Skills Visa quite soon, it might be as well to put in for a new one rather than disturb things only for a short time. HOWEVER, reading this condition for asking for a VOC - "Your new position is on one of the Essential Skills in Demand Lists and you meet the requirements of the list" - I wonder if, as your new job meets the same ANZSCO description as the previous one, maybe you might get away with not needing VOC after all. I am PMing EGoodhue to have a look at this, to ask her to let us know her take on the matter. As this slight change wouldn't make any difference for your residence under SMC application (same ANZSCO description, and employer's choice of job title wouldn't signify), and as you won't have to suffer a labour market check with your SMC application being already in, I'm hoping this MAY slide past without more formalities - but let's wait and see what Erin says.

[JHadders]

Hello. I found this page https://www.immigration.govt.nz/know...-question-1187, which seems to suggest that a change of job would need a VOC, and even advises that if you are going to need to renew the Essential Skills Visa quite soon, it might be as well to put in for a new one rather than disturb things only for a short time. HOWEVER, reading this condition for asking for a VOC - "Your new position is on one of the Essential Skills in Demand Lists and you meet the requirements of the list" - I wonder if, as your new job meets the same ANZSCO description as the previous one, maybe you might get away with not needing VOC after all. I am PMing EGoodhue to have a look at this, to ask her to let us know her take on the matter. As this slight change wouldn't make any difference for your residence under SMC application (same ANZSCO description, and employer's choice of job title wouldn't signify), and as you won't have to suffer a labour market check with your SMC application being already in, I'm hoping this MAY slide past without more formalities - but let's wait and see what Erin says.

Yeah that's the interesting thing, my work visa doesn't have my job title on it, only that I need to work as a project or programme administrator! Considering the new role would basically be the same but higher seniority I'm very confused... As it's being advertised only internally for a few days as well (there are a few people eligible for promotion) I don't want to mess myself up and end up invalidating my visa renewal come September!

Thank you so much for your help! Fingers crossed I don't have to go through the rigmarol all over again...

[JHadders]

To add a bit of clarity, these are my visa conditions:

The conditions of your visa: Stay subject to grant of entry permission. You must leave before visa expiry or face deportation. Financial support evidence not required. Return/onward ticket not required. The holder may only work as Program or Project Administrator in AREA for WORKPLACE. You must provide evidence of remuneration payment if requested by an Immigration Officer. You must be paid at least $21.25 per hour.

[jungminlee]

I personally think the essential work visa conditions are very unfair for work visa holders, especially when we would like to apply for promotion but know that the job still isnt meeting the requirements for WTR or SMC priorities list. We simply want to pursue our career, we shouldn't be punished for that...

[JandM]

The underlying priority for visas is that any New Zealanders with the correct skills must be given a chance at any job vacancy FIRST, before foreigners are taken on. The NZ government will not allow people on temporary visas to work if qualified or trainable NZers are unemployed but available, hence the labour market check that is insisted on, even for a second visa for a job you've been doing to your employer's satisfaction. The government, wanting to stay in power, are intending to keep their voters happy (voters who get stirred up by slogans implying 'foreigners are taking our jobs), and 'voters' doesn't include temporary visa holders. I know it's tough. It's never been any different.

[JHadders]

I personally think the essential work visa conditions are very unfair for work visa holders, especially when we would like to apply for promotion but know that the job still isnt meeting the requirements for WTR or SMC priorities list. We simply want to pursue our career, we shouldn't be punished for that...

Oh yeah for sure, the thing I want clarity on is whether my visa covers the more senior position as the information on the website is quite vague. It may not meet the priority list, but in the meantime at least I can be paid and have the job title that matches my current responsibilities (being worked to the bone here).

The underlying priority for visas is that any New Zealanders with the correct skills must be given a chance at any job vacancy FIRST, before foreigners are taken on. The NZ government will not allow people on temporary visas to work if qualified or trainable NZers are unemployed but available, hence the labour market check that is insisted on, even for a second visa for a job you've been doing to your employer's satisfaction. The government, wanting to stay in power, are intending to keep their voters happy (voters who get stirred up by slogans implying 'foreigners are taking our jobs), and 'voters' doesn't include temporary visa holders. I know it's tough. It's never been any different.

Yeah I completely understand this - luckily for me, the second visa will be approved because of the ongoing SMC nightmare. It's no different, sadly, to the UK. I'm just hoping I can enter the senior position without having to jump through all the hoops as my visa doesn't specify a job title...

[EGoodhue]

So as long as the new role still matches the original ANZSCO code you applied for your work visa under, there's no need to do a VoC. The Ops Manual doesn't give a definition of what 'occupation' means in terms of the conditions of a work visa, but I understand it to mean the ANZSCO code that your job closely matches. If there's no change in that, there's no change to any of the conditions to make.

Even more so because your work visa states the ANZSCO code rather than your actual job title as the condition.

[JHadders]

So as long as the new role still matches the original ANZSCO code you applied for your work visa under, there's no need to do a VoC. The Ops Manual doesn't give a definition of what 'occupation' means in terms of the conditions of a work visa, but I understand it to mean the ANZSCO code that your job closely matches. If there's no change in that, there's no change to any of the conditions to make.

Even more so because your work visa states the ANZSCO code rather than your actual job title as the condition.

This is fantastic news, thank you so much! Apologies for emailing you directly as well, should have held my horses on that one.

So, just to clarify on the public forum, would the job need to be advertised externally as well? Or can I update my SMC visa and apply for an extension visa with my new contract? (if I get it that is!)