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Thread: Talent (accredited employer) Work Visa - WTR Holder ---> Terminated from current employer

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    Default Talent (accredited employer) Work Visa - WTR Holder ---> Terminated from current employer

    I am currently a holder of a Talent (accredited employer) Work Visa - WTR. Can I apply for a variation of condition should my current employer terminate me in my current job? Or am I entitled to work continually after I applied for variation of condition? I have been working in my current company for almost three months now since the grant of my WTR Visa (Talaent Accredited). Or will I fall under the "Dismissed Worker Visitor Visa"? I am afraid I could lose my WTR status should my employer terminate me.

  2. #2
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    If you are offered a job by another accredited employer, you can apply for a VOC. https://www.immigration.govt.nz/new-...r-someone-else

    You mention your fear that your employer may terminate your job. On what basis? Undoubtedly you have a contract, and under NZ employment law, the employer has duties towards you. Has something been said, or are you just feeling insecure?

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    Thank you JandM for this info.

    Yes, I do have a contract with my current employer and my visa states that I can only work for that particular employer. I am afraid I might not satisfy my boss's expectation of me. And that is what I am afraid of. If in case I will be terminated, would I still be entitled to apply for VOC? Or will I be deported?
    What are my options?

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    Being dismissed, and having a visa, are not directly connected. If you were dismissed (which can only happen in certain situations, depending on your contract, and that is under NZ employment law, not immigration), but you still managed to land another job with an accredited employer, you would be entitled to a VOC. Of course, if the first employer had a sound reason to dismiss you, another employer would hear about this reason, and if it was because of work, not some personality disagreement, they would be less likely to offer you a position.

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    If you feel you are having difficulties in carrying out your duties, is there someone in the organisation you could ask for some guidance or mentoring?

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    Quote Originally Posted by NZ_Student View Post
    I am currently a holder of a Talent (accredited employer) Work Visa - WTR. Can I apply for a variation of condition should my current employer terminate me in my current job? Or am I entitled to work continually after I applied for variation of condition? I have been working in my current company for almost three months now since the grant of my WTR Visa (Talaent Accredited). Or will I fall under the "Dismissed Worker Visitor Visa"? I am afraid I could lose my WTR status should my employer terminate me.
    You could do a VOC for non accredited company too as far as you have a job offer, and your WTR will continue. Only thing is that you need to complete an employer supplementary form. Do your best at the current place and keep up with the work. All the best!

  7. #7
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    Hi, I just called INZ today for same questions as you had.

    The reply is:
    The new employer has time be accredited employer as well if want to change a job.
    But if you have been made redundant, then new employer can be anyone, just need to meet the salary requirement and the new contract needs to be permanent or at lease 24months.

    Either way, you need to apply for the VOC. And if you need the interim visa for some case, you only can work for the current employer in the interim period.

    Now is a hard time, good luck!

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    That is somewhat like what it says here (for if the employer has lost accreditation). https://www.immigration.govt.nz/new-...at-should-i-do But for dismissal, rather than redundancy? - it doesn't say so.
    There is also this https://www.immigration.govt.nz/new-...at-will-happen, which I know you found. (Dismissed employee worker visa).

  9. #9
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    Quote Originally Posted by verncen View Post
    Hi, I just called INZ today for same questions as you had.

    The reply is:
    The new employer has time be accredited employer as well if want to change a job.
    But if you have been made redundant, then new employer can be anyone, just need to meet the salary requirement and the new contract needs to be permanent or at lease 24months.

    Either way, you need to apply for the VOC. And if you need the interim visa for some case, you only can work for the current employer in the interim period.

    Now is a hard time, good luck!
    Thanks vercen! Very informative! My follow up question is, will the 24-month residency requirement prior to lodging for a resident visa continues if I change my employer?
    Last edited by NZ_Student; 8th July 2020 at 06:29 AM.

  10. #10
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    Quote Originally Posted by NZ_Student View Post
    Thanks vercen! Very informative! My follow up question is, will the 24-month residency requirement prior to lodging for a resident visa continues if I change my employer?
    Don't know a case of working under other type of employer. But if you move to another accredited employer, the count continues.

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