British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration, Citizenship and Visas (NZ) (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/)
-   -   On a 1 year work visa & waiting for PR (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/1-year-work-visa-waiting-pr-822272/)

joah15 Jan 20th 2014 6:19 am

On a 1 year work visa & waiting for PR
 
This is my first post, so hopefully I have got it right. I am here in NZ with my husband who has a 1 year work visa and he has sponsored me so I am also working. We have applied for residency & we have been advised that our documents have been passed to a case officer for processing at Henderson. My question is my husband is likely to be made redundant next week, where does that leave us? We are British citizens, can we stay on a visitor visa whilst looking for another job? and if so do we have to leave the country and come back? and what will happen to our residency application? will we have to apply again once my husband secures a new job?

Thanks

FriendForEver Jan 21st 2014 6:37 am

Re: On a 1 year work visa & waiting for PR
 
Hi Joah15,

Welcome here.

If your husband's new job offer fulfil all policy requirements than you can apply for a work visa while staying in NZ lawfully. Normally Immigration issued an interm visa to those applicant who had applied for another visa and their current visa is going to end.

joah15 Jan 21st 2014 6:40 am

Re: On a 1 year work visa & waiting for PR
 
Hi, thanks for your reply. So if he gets a job offer we can stay & wait for the residency to come through?

MrsFychan Jan 21st 2014 7:55 am

Re: On a 1 year work visa & waiting for PR
 
you cannot work on a visitors visas but as you already have a work visa you maybe ok it depends on what the visa you have at the moment covers,. If he does get made redundant you may need to inform Immigration again it depends on what the current visa states

joah15 Jan 26th 2014 8:43 am

Re: On a 1 year work visa & waiting for PR
 
Thanks for the replies. Case officer allocated on Friday, so hopefully we will get residency before anything happens.

BEVS Jan 28th 2014 11:40 pm

Re: On a 1 year work visa & waiting for PR
 
If your husband is made redundant during the residence visa process then you have an obligation to inform NZIS. Not to do so could result in any residence visa granted being revoked.

If your husband gets a new job offer , then it could be an interim visa and then a new work visa could be issued. Your residence application would need to be adjusted to reflect this.

joah15 Jan 29th 2014 5:07 am

Re: On a 1 year work visa & waiting for PR
 
Thank you for your reply, it really helps!

escapedtonz Jan 31st 2014 2:36 am

Re: On a 1 year work visa & waiting for PR
 
Your husband's job offer and employer are the triggers that allowed your husband to be granted the temporary work visa.
The temporary work visa will have the job title and employer name as conditions on it.
ANY changes in your circumstances that are known to the visa holder MUST be passed on to INZ who will re-assess if you remain eligible for the visa you hold. INZ may need you to apply for another visa or may give you a period of time to find another skilled job from an accredited employer before you are shown the door and sent home.
Whatever you do, don't bend the rules. It's an important time - especially with your Residency Visa application ticking along in the background.
One question - does your Residency visa application take into account the job offer - i.e. are you earning more points on the EOI for the job offer ?
If this job is going to cease to exist you may then not be eligible for Residency ?

Regards,

joah15 Apr 25th 2014 10:02 am

Re: On a 1 year work visa & waiting for PR
 
We got our residence visa through & blue stickers in our passports. My husband wasn't made redundant in the end, but my question now us can he just quit his job now? As he no longer wants to work for the company after the way he has been treated plus they dismissed one of his colleagues last week, and he doesn't want to be next. Thanks in advance.

BEVS Apr 27th 2014 3:32 am

Re: On a 1 year work visa & waiting for PR
 
How long has he worked for the company ?

joah15 Apr 27th 2014 9:36 am

Re: On a 1 year work visa & waiting for PR
 
He has worked there for 11 months.

Persephone Apr 28th 2014 7:12 pm

Re: On a 1 year work visa & waiting for PR
 
It depends on whether you have any conditions attached to the resident visa. If your EOI contained points for skilled employment or an offer of skilled employment then you have section 49[1] conditions on the visa. This means that you have to work in that job for at least 3 months before the conditions can be removed.

If you've already worked in that job for 11 months then I have a feeling you won't have any conditions and can therefore leave whenever you want. You have already fulfilled the 3 month requirement. Check your visa first though, we don't know all your details and I don't want to be responsible;)


Resident visa conditions

If you were granted a resident visa, you must still meet some requirements to ensure you remain a New Zealand resident.

If you gained points for an offer of skilled employment, you must take that job up within three months of your first entry into New Zealand. You must also stay in that job for at least three months and provide us with evidence of having done so.


If you gained points for already having a skilled job that you have held for less than three months, you must stay in the job for a minimum of three months.

joah15 Apr 28th 2014 8:26 pm

Re: On a 1 year work visa & waiting for PR
 
Thanks for your reply. I have checked the visa and the paperwork and it looks like there are no conditions attached. So he can leave now. Thanks again for your comments . :)


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