British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration, Citizenship and Visas (NZ) (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/)
-   -   Requirements to get PR whilst in skilled employment (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/requirements-get-pr-whilst-skilled-employment-700555/)

celeliza Jan 13th 2011 9:51 pm

Requirements to get PR whilst in skilled employment
 
Hello,

I have applied PR under the Skilled Migrant Category. One of the points I claimed on my application is current skilled employment in NZ.

I have been in my skilled employment since March 2010 and have just been given a further extension with the same employer.

On the INZ website it says:

"If you got points for already having a skilled job that you have held for less than three months, you must stay in the job until three months is up."

Until now, I was under the impression that no matter how long I had worked in the job, I would still have to work a further 3 months in that job (after initial approval) before the stamp gets put into my passport and I have full residence.

Does this mean that I will have full residence right away and not have to work a further 3 months in this job?

Cheers,
Claire

simonsi Jan 14th 2011 6:42 pm

Re: Requirements to get PR whilst in skilled employment
 
Yes it does, the 3mth min worked under your current temp permit counts.

celeliza Jan 16th 2011 3:56 am

Re: Requirements to get PR whilst in skilled employment
 
Ok. I have been told it will take 6 - 9 months to process my application (March to June 2011). My CO will know I have worked minimum of 3 months in skilled employment.

How will it affect if I changed roles within the company or start a new job elsewhere? Would I still need to work further 3 months or not?

Thanks,
Claire

simonsi Jan 16th 2011 8:18 am

Re: Requirements to get PR whilst in skilled employment
 
Your permit will state what you are allowed to do and which employer you are allowed to work for. If either of these change then you will need to apply to have your permit varied. Providing you are still undertaking skilled employment (by the NZIS definition, ie the role is still on the shortage lists),then there should be no issues.

celeliza Jan 18th 2011 6:20 pm

Re: Requirements to get PR whilst in skilled employment
 
I am currently on an open work permit so am free to work anywhere but will stick in skilled employment.

My current job contract finishes on 29th April 2011, and it will have been 14 months working for the same employer.

I’m more concerned when the contract ends and not having a job to go to at the time they process my PR application. It would be good if they can grant me a PR before my contract expires.

I know it's still early days but the company may extend my contract even further or I find another similiar role. If I stay with the company a bit longer – I will still get residence without the 3-month minimum requirement?

Or if I take up same skilled employment outside the company, would I need to work for another 3 months?

Cheers,
Claire

simonsi Jan 18th 2011 7:28 pm

Re: Requirements to get PR whilst in skilled employment
 
The question on the EOI for the Skilled Migrant Catagory states skilled employment IIRC.... so you had better have skilled employment at the time you apply for PR.

What work permit are you on currently??

BEVS Jan 18th 2011 7:30 pm

Re: Requirements to get PR whilst in skilled employment
 
I thought you were on a 23 mnth Working Holiday Visa Claire.

edit.....

I'm confused now. If you went onto apply for a temporary work permit then it should state your employer on it as far as I am aware. If you then changed role or employer you would need to let NZIS know about this.

celeliza Jan 18th 2011 7:48 pm

Re: Requirements to get PR whilst in skilled employment
 
I WAS on a 23-month working holiday visa. One of the conditions was not to exceed working for more than 12 months unless you apply for another work permit. Just before a year was up, my kiwi partner sponsored me so I got a new work permit (via partnership). Also, I was able to continue in my current skilled employment hence I got a further extension in my contract.

The WP via partnership states "unspecified" meaning you can work in any kind of occupation or any employer.

When I submitted EOI and ITA, I claimed points for skilled employment for where I am working now.

BEVS Jan 18th 2011 8:23 pm

Re: Requirements to get PR whilst in skilled employment
 
:lightbulb: Ah ! Thanks for that. I was thinking to myself that open work permits normally happen on the back of a qualifying partnership.


How will it affect if I changed roles within the company or start a new job elsewhere? Would I still need to work further 3 months or not
It could affect your points. NZIS will need to know if anything differs from the EOI you submitted.

celeliza Jan 18th 2011 8:44 pm

Re: Requirements to get PR whilst in skilled employment
 
Ideally, I would like to continue working for my employer - my boss are totally aware of my plans/circumstances so he will do his best or spread the word to keep me on.

I have sent off the contract extension letter to my CO so he should be fully aware of the latest situation with my employment.

Whatever happens and if it could affect my points, would they ask for more information or decline my application?

Just have to wait and see what happens I guess.:fingerscrossed:

BEVS Jan 18th 2011 9:02 pm

Re: Requirements to get PR whilst in skilled employment
 
They would ask for more information . It would still be all about your quals and previous work experience matching the NZ job you are employed to do.

simonsi Jan 18th 2011 9:57 pm

Re: Requirements to get PR whilst in skilled employment
 

Originally Posted by celeliza (Post 9111244)
I WAS on a 23-month working holiday visa. One of the conditions was not to exceed working for more than 12 months unless you apply for another work permit. Just before a year was up, my kiwi partner sponsored me so I got a new work permit (via partnership).

Is applying for PR under the partnership steam not viable? As they have approved the partnership once already....???

celeliza Jan 19th 2011 9:42 pm

Re: Requirements to get PR whilst in skilled employment
 
If I apply for Residence under partnership, I feel like I have wasted my money spending on the SMC application and start again. I haven't lived with my partner for the duration of 12 months+ yet.

The worse can happen is I could lose the points for current skilled employment (I will still have over 100 points) and they could grant me WTR.

My boss has said he will work something out for me - but I can only sit back and let it happen.

simonsi Jan 19th 2011 10:46 pm

Re: Requirements to get PR whilst in skilled employment
 

Originally Posted by celeliza (Post 9114423)
If I apply for Residence under partnership, I feel like I have wasted my money spending on the SMC application and start again. I haven't lived with my partner for the duration of 12 months+ yet.

Understand that but frankly what is happening to your SMC application - nothing fast it seems as it was received by NZIS in Sept last year???

celeliza Jan 19th 2011 10:53 pm

Re: Requirements to get PR whilst in skilled employment
 
I know and it feels like it’s taking forever!

Do you think I should contact Immigration and explain the situation?? Also, find out the latest processing times for Henderson? I know my application is in the queue.


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