Andygall

Hi all please help

Basically I have had my skilled visa accepted to move to New Zealand with my wife and 3 children . It’s been a long 8 months process and it’s our dream to move . Disaster has struck , my new employer has been in touch and explained that work has dried up and by the time I arrive I may not have a job . We have paid for our visa been accepted and are literally planning on booking our flights ..

What can I do now , do I risk it and still go over and pretend this conversation never happens and find a new job when I get there ?
I don’t no the rules and conditions on skilled working visa so any advice would help

Thank you

archie159

"New Zealand"...? I think you posted in the wrong forum! This one is for the Middle East.

Good luck anyway.

Andygall

Brilliant lol that won’t help

carcajou

If you want help, your thread has to be in the right place so the right posters can see it.

Ask the mods to move your thread.

Jerseygirl

I have moved your thread over to our NZimmigration forum. Someone will most likely be along soon to help you.

Arthur Dent 666

A tricky situation, for sure. Maybe our experience will give you more data to go on? The wife and I took a risk, sold up in the UK, and came over on tourist visas in the new year. We spent nearly three months looking online here for work before one of us got a job, and now both of us have Essential Skills Working Visas and we are moving into our new home on Friday - with a realistic probability of getting Skilled Migrant Category Visas before the end of the year, and Residency to immediately follow. I don't know if I could 'recommend' our approach, which was very high sphincter factor; but we felt we had no choice because of the age-related cut-off built in to Residency here in NZ... However it goes for you, let me wish you the best of luck pursuing your dream!

Andygall

Hi

Thanks for the reply

My situation is I have my skilled working so i can still enter the country , only problem is I don’t have a guaranteed job now because work is slack . My visa is in the new companies name , how do I go about getting a new job on my skilled working visa , is it possible ?? Or once does my visa have an expiry date ( do I have to enter nz in certain time frame ) as the company claim work will pick back up in a few months

BEVS

No you can't. Not legally anyway. You would arrive falsely.
You should not enter the country on that visa because the situation has changed.
The visa was granted under the proviso that there is a full time job waiting for you. There is not. That is fraud.

You culd enter the country legally on a visitors visa. Immigration might question that if you have not imformed them of the changed of status to the processed defunct work visa.

No. It does not work that way. It is not a visa that just allows you to enter and work.
It is a specific visa that only allows you to legally enter to take up that precise job for that precise employer.

If the terms and conditions of this job offer have altered then

1- The employer must give you a new contract of employment stating the exact start and finish date.
2- You must inform NZ immigration that things have changed .
3- You apply for a variation of conditions for that work visa and submit the altered contract of employment.

You really need to talk to Nz immigration and also have the employer give you something concrete.

Do. Not. Risk. False. Entry. Please.

spouse of scouse

This sounds really unfair. If the employer provided you with a written job offer in order for you to get your visa, surely they're obliged to follow through? I hope it can be sorted out, it's a lot of time and money for you to have wasted if the employer can just change their mind at the drop of a hat

BEVS

There is no obligation in that way. The employer has stated he does not have the work right now but he may have down the line. Dingle-dangle the rope to keep the overseas person available just in case. Likely some contract somewhere has stalled , it being Christchurch.

It is unfair but it is what happens. Better for this to happen before they arrive here , than when they are already here.

Trade employers can often do as they wish despite the contracts of employment. They can set men down with no pay if work dries up. If one protests , one can find oneself on a 'black list' where no employer will touch you.

spouse of scouse

It stinks On the back of a job offer and a visa, people sell their homes, pull their kids out of school, pack up their lives and look forward to their new one - all to have it ripped out from under them. Bloody employers who do this should be permanently disqualified from offering jobs to prospective migrants. And now that I've kicked that spleen, I'd better go and have a little lie down

BEVS

Yup. Quite. Absolutely.

That is why Andygall should and must inform NZ immigration of this set down with the original job offer.

It protects him and his family . It protects others. It puts the employer on notice that a job offer & start date should mean just that.

At best the offer will be re-affirmed and a variation of visa conditions applied to the application. That keeps it all above board for the family given they may wish to remain in NZ and maybe become NZ resident. They need to stay squeaky clean.

MrsFychan

as you haven't booked your flights I would be holding fire and checking with Immigration where this leaves you. Your visa was given on the back of a job offer, that has now been retracted, this information HAS to be told to immigration, then can then tell you what you need to do.

simonsi

Trouble is, it hasn't been formally retracted from what the OP stated.

TBH I increasingly think this may be a deliberate ploy by the employer to get the OP to break contract so the employer doesn't have to follow through with it. A job offer is like any other contract, the employer may see a potential liability if the OP takes them to Tribunal on day two for the visa/travel etc costs incurred. If the OP tells them he won't be coming the employer gets to walk away. Or the employer intends to give the job to someone else (maybe someone known and just became available, cheaper, quicker to start etc etc).

Maybe I'm getting cynical.

MrsFychan

Ahh I see, you could be right but if the OP has a job offer in writing. would need to know exactly the lay of all the land