Post study work visa holder leaving NZ

[miracle79]

Hi all,

I am post study work visa holder ( One year) planning to leave NZ to reunite with family due during COVID-19 border restrictions. Also, I had submitted EOI SMC and now deferred until further notice. My employment contract will be cancelled since I return home and will be renewed after I am able to return to NZ. Is my EOI SMC still valid? Do I have to write a cover letter to INZ and inform them? Any suggestions of what will I do?

Looking forward to your kind response,
Lost wife/mother stressed to make big decision

[JandM]

I know this is a lot of stress for you, but you need to think what you need to do for your NZ future, or if you might be willing to renounce your chances.

First, about the Post Study Work Visa, it looks from this page https://www.immigration.govt.nz/abou...and-exceptions as though you would not at present be able to re-enter NZ once you leave. The latest exception, 'Normally resident work visa holders' https://www.immigration.govt.nz/abou...e-inz-response doesn't include your kind of visa. So you might be stuck overseas, not able to get back, while your visa runs out.

Thinking about your application under SMC now, although this may be immaterial if you go overseas and can't get back to take up your work and your visa... If you don't have a skilled job in NZ, you won't any longer have the necessary requirements for the EOI to be valid. It sounds as though your employer is happy for you to take this time away to visit your family, then to come back afterwards - if s/he would, rather than ENDING your employment, give you unpaid leave of absence, you would still have the job (even while you're away and not doing it), and your EOI would then not be affected. That could work in normal times, but with the border restrictions and total uncertainty as to how soon you might be able to get back, I'm doubtful.

How long do you think you might be away?

[miracle79]

Thank you JandM and always appreciate your kind response. I might be away until I am able to bring my family with me here to NZ most probably when the border restrictions is lifted. I guess in 12 months time.

[JandM]

If you left New Zealand under those circumstances, you would be taking a BIG step which you might not be able to go back on.

If your present visa lapsed, and you were overseas, having given up your job, there would be no way you could *easily* resume your career in NZ. Just because you had HAD a job and the employer wanted back you does not mean that you would have any automatic right to another temporary work visa. Also, as mentioned above, without a current skilled job in NZ, your EOI for residence under SMC would not meet the requirements. You would be back to square one as far as getting a NZ visa is concerned - you would have to start again, as if all the time and money you have spent on getting this far had never happened, with no rights for yourself or your family.

[miracle79]

Thanks you JandM for taking time to response to my queries. Very much appreciated. I will consider all the consequences.