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Thread: Talent (Accredited Employer) resident visa - change of job duties

  1. #1
    Join Date
    May 2016
    Location
    New Zealand
    Posts
    12

    Default Talent (Accredited Employer) resident visa - change of job duties

    Hi all,

    Thank you for your time in advance.

    I have lodged the resident visa under Talent (Accredit Employer) stream about a month ago, obviously had already held the Talent (A.E.) work visa for 2 years at the time of application. My visa conditions say I could work for my company in New Zealand (My job involves some travelling around the country and overseas so I guess that's why it didn't specify location)

    However, my work duties have changed even since my application. I have been delegated to help other departments and spent majority of my time there.
    Now I spent roughly 20% of my work time doing tasks related to my old job (The job that I was granted work visa for), and 80% of the work helping other departments.
    I am still working in the same company and in the same location, my salary and work hours are the same.

    In this case, do I need to apply for VOC? Would it affect my residency application?

    Also, on a completely separate note, there is a new job opportunity arose in my company.
    It will be a completely different job, different duties and might work in different location within NZ.
    Would I be able to apply for a new work visa? Or can I get away with a VOC?
    I am just weighing up to see if it's worth to apply for the new job. If it will jeopardise my residency application then I probably need to think twice

    Many thanks everyone!

  2. #2
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    643

    Default

    The holder of a Talent (Accredited Employer) Work Visa may request a variation of conditions to change any of the conditions of the visa. Per this knowledgebase article, a change in job title should trigger the variation of conditions process.

    Two important things to be aware of:

    • A variation of conditions does not change the expiry date of a Work Visa. If your Work Visa is expiring imminently (and given that you have recently applied for the Talent (Accredited Employer) Resident Visa, you likely have less than 6 months left on your current Talent (Accredited Employer) Work Visa), you may want to apply for a subsequent Talent (Accredited Employer) Work Visa instead (which, since you have an application for a Talent (Accredited Employer) Resident Visa under consideration, can be done under WR1.30.1).
    • You cannot start working in your new position until either the conditions of your Work Visa have been varied or a new Work Visa has been issued. It is important that your Work Visa correctly reflects your employment details at all times: if they do not, you are working unlawfully and may be made liable for deportation.


    You may want to seek professional advice on how best you should proceed -- I cannot advise you on how the facts above may apply to your personal situation.

    I can, however, tell you that your associated Talent (Accredited Employer) Resident Visa should remain unaffected provided that you are not changing employers. There is no consideration of your job title; the considerations are around holding the Talent (Accredited Employer) Work Visa for at least 24 months, working for an accredited employer throughout that 24 month period (in general, anyway: there are some very limited scenarios where employment not with an accredited employer may be considered), you continue to meet the minimum base salary in place when the Talent (Accredited Employer) Work Visa was granted, you continue to hold full or provisional registration if that's relevant to your occupation, and you meet health and character requirements for residence. See RW2 in the operational manual.

  3. #3
    Join Date
    May 2016
    Location
    New Zealand
    Posts
    12

    Default

    Hi Kelerei,

    Thank you so much for your detailed explaination!

    A variation of conditions does not change the expiry date of a Work Visa. If your Work Visa is expiring imminently (and given that you have recently applied for the Talent (Accredited Employer) Resident Visa, you likely have less than 6 months left on your current Talent (Accredited Employer) Work Visa), you may want to apply for a subsequent Talent (Accredited Employer) Work Visa instead (which, since you have an application for a Talent (Accredited Employer) Resident Visa under consideration, can be done under WR1.30.1).
    I am wondering where do I find more information about the subsequent work visa?
    The Ops Manual says the subsequent work visa can be granted up to maximum of 24 months, but it didn't say what will determine the length of this work visa.
    Also, let's say I applied for this subsequent work visa, but my current Talent (AE) Work visa expires, will I be granted an interim visa so I could still work in the current job?

    If I am changing the job title on the new work visa, again would I be granted an interim visa?

    Thank you so much for your time!!

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