Being 'tied' to an employer
#1
Being 'tied' to an employer
Hi
Does anyone know if this is true/untrue?
You are tied to your employer for the duration of your visa; with any visa, Temp Work, SMC or W2R.
So that means one cannot change jobs until your visa runs out.
Also, when you get PR, does that mean you can apply for a Kiwi passport immediately?
Does this then release you from any employer issues?
Thanks.
Does anyone know if this is true/untrue?
You are tied to your employer for the duration of your visa; with any visa, Temp Work, SMC or W2R.
So that means one cannot change jobs until your visa runs out.
Also, when you get PR, does that mean you can apply for a Kiwi passport immediately?
Does this then release you from any employer issues?
Thanks.
#2
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Joined: Sep 2009
Location: thatcham berkshire england
Posts: 432
Re: Being 'tied' to an employer
Hi
Does anyone know if this is true/untrue?
You are tied to your employer for the duration of your visa; with any visa, Temp Work, SMC or W2R.
So that means one cannot change jobs until your visa runs out.
Also, when you get PR, does that mean you can apply for a Kiwi passport immediately?
Does this then release you from any employer issues?
Thanks.
Does anyone know if this is true/untrue?
You are tied to your employer for the duration of your visa; with any visa, Temp Work, SMC or W2R.
So that means one cannot change jobs until your visa runs out.
Also, when you get PR, does that mean you can apply for a Kiwi passport immediately?
Does this then release you from any employer issues?
Thanks.
#3
Re: Being 'tied' to an employer
It depends on your visa:
Work visa and WTR: you are tied to your employer as you gained that visa by virtue of the job offer-you cannot get either of these without a job offer to come to. If you want to change then you have to apply again and your new employer would have to meet the criteria necessary for these visas.
SMC: If you gain residency without a job offer then you can do whatever you want- you have residency and are not tied to any particular job or profession. To gain PR after 2years you only have to have lived in NZ for a certain amount of time in the previous 2y [brief explanation]
If you gain residency with points for a job offer then you have a condition attached to the visa that requires you to stay in that job for at least 3months. Once that is done the conditions can be removed and you can do whatever you want.
Also residency does not have a duration as such. You have travel conditions for 2y when you first gain residency but if you never ever leave NZ then your visa does not expire. Travel conditions refer to leaving and returning to NZ and being able to regain residency once back.
You can only apply for citizenship and a NZ passport when you have been a resident for five years. There is a difference between residency and citizenship but it doesn't make any real difference to your normal day to day living [unless you want to become prime minister or are planning on being a really bad boy!]
Work visa and WTR: you are tied to your employer as you gained that visa by virtue of the job offer-you cannot get either of these without a job offer to come to. If you want to change then you have to apply again and your new employer would have to meet the criteria necessary for these visas.
SMC: If you gain residency without a job offer then you can do whatever you want- you have residency and are not tied to any particular job or profession. To gain PR after 2years you only have to have lived in NZ for a certain amount of time in the previous 2y [brief explanation]
If you gain residency with points for a job offer then you have a condition attached to the visa that requires you to stay in that job for at least 3months. Once that is done the conditions can be removed and you can do whatever you want.
Also residency does not have a duration as such. You have travel conditions for 2y when you first gain residency but if you never ever leave NZ then your visa does not expire. Travel conditions refer to leaving and returning to NZ and being able to regain residency once back.
You can only apply for citizenship and a NZ passport when you have been a resident for five years. There is a difference between residency and citizenship but it doesn't make any real difference to your normal day to day living [unless you want to become prime minister or are planning on being a really bad boy!]
Last edited by Persephone; Apr 2nd 2012 at 8:13 pm.
#4
Re: Being 'tied' to an employer
I changed employer on a work visa and it was a relatively easy process if your just switching employer and not changing your actual job role.
You download a form from immigration, send it off and its pretty much done.
You download a form from immigration, send it off and its pretty much done.
#5
Re: Being 'tied' to an employer
when I came my employer had a call just the once from immigration asking if I was still there and that was it.
My employer was an absolute arse and we parted company with 4 months of me coming here and I never heard from them.......so I wouldn't worry
My employer was an absolute arse and we parted company with 4 months of me coming here and I never heard from them.......so I wouldn't worry
#6
Re: Being 'tied' to an employer
PR doesnt have the same ties to employment, with a work visa you are tied to the employer you gain the visa through unless you apply for a change of circumstances.
#7
Re: Being 'tied' to an employer
We came over with PR and I was tied to my job as I got my points from
my job offer. It did use to be a section 49 (or something like that!)
I had to arrive in NZ within 3 months, take up my job offer within 3 months of arriving, stay in my job for 3 months.
my job offer. It did use to be a section 49 (or something like that!)
I had to arrive in NZ within 3 months, take up my job offer within 3 months of arriving, stay in my job for 3 months.
#8
Re: Being 'tied' to an employer
Its a section 49(1) and yes it still applies, start job within 3 months of arriving, and stay at that job for 3 months. You then have to take letter from your employer, at least two pay slips and visa to nearest immigration office and get the visa condition taken off.
My husbands new job has this condition and our blue stickers have just been granted, so its still a current ruling. The only different bit from the last post is that you have a year to validate it, and the job has to be started within the 3 months of arriving. Checked that point with case officer, as thought you had to start within 3 months from visa being put in your passport, but its 3 months from entering NZ.
My husbands new job has this condition and our blue stickers have just been granted, so its still a current ruling. The only different bit from the last post is that you have a year to validate it, and the job has to be started within the 3 months of arriving. Checked that point with case officer, as thought you had to start within 3 months from visa being put in your passport, but its 3 months from entering NZ.
Last edited by ellenarosemary; Apr 3rd 2012 at 1:04 pm. Reason: Forgot a bit!