Work Visa Transfer
Sep 10th 2016, 3:13 pm
#1
Forum Regular
Thread Starter
Joined: Aug 2014
Posts: 47
Work Visa Transfer
Hi All,
I am having NZ Work Visa specific to company XXX and location as Auckland.
My project got over from company XXX and thus I have come back to my native country India.
Now I have got an offer from another company YYY and location is Christchurch.
My question what is the process to get my work visa transferred to new organization :-
1. Can I get it transferred being in India
2. Or I have to first reach ChristChurch and then it will be transferred.
Regards
Rahul
I am having NZ Work Visa specific to company XXX and location as Auckland.
My project got over from company XXX and thus I have come back to my native country India.
Now I have got an offer from another company YYY and location is Christchurch.
My question what is the process to get my work visa transferred to new organization :-
1. Can I get it transferred being in India
2. Or I have to first reach ChristChurch and then it will be transferred.
Regards
Rahul
Sep 10th 2016, 9:27 pm
#2
BE Forum Addict
Joined: Jun 2012
Location: Narangba QLD
Posts: 1,513
Re: Work Visa Transfer
You cannot get a temporary work visa transferred. Once issued it is only valid for company XXX, location XXX, job title XXX and maybe also Responsibilities XXX.
If any details are to change (future changes) you are to inform Immigration immediately and they will consider the changes. If you remain eligible for that type of visa and meet the requirements with the changed information Immigration will issue another temporary work visa with the new conditions which makes the old visa void.
If any details have changed (changes have already occurred) you are effectively in breach of your visa conditions as you now don't work for Company XXX or with Job Title XXX etc irrespective of whether or not that is your doing.
Since you are asking these questions I guess you have already failed to notify Immigration that the project for Company XXX is over and you have returned to India.
To rectify, you need to inform Immigration of the changes and they will consider whether or not you still meet the requirements of the visa you have. At this point you could be asked to leave NZ or they could issue another visa with new conditions ?
If you have already left the country because your contract with Company XXX ended then I'd guess that your temporary work visa also expired. I accept that your contract may have ended before the expiry date on the visa but the visa is based on the job offer, the company and job title etc so if the contract has ended earlier then so does the visa. As soon as you knew the change was to occur or as soon as the change occurred you should have informed Immigration who would have possibly cancelled the visa as it was no longer viable.
In my opinion you need to tidy up the details surrounding your current visa, then re-apply for another temporary work visa based on the Company YYY offer in Christchurch.
If any details are to change (future changes) you are to inform Immigration immediately and they will consider the changes. If you remain eligible for that type of visa and meet the requirements with the changed information Immigration will issue another temporary work visa with the new conditions which makes the old visa void.
If any details have changed (changes have already occurred) you are effectively in breach of your visa conditions as you now don't work for Company XXX or with Job Title XXX etc irrespective of whether or not that is your doing.
Since you are asking these questions I guess you have already failed to notify Immigration that the project for Company XXX is over and you have returned to India.
To rectify, you need to inform Immigration of the changes and they will consider whether or not you still meet the requirements of the visa you have. At this point you could be asked to leave NZ or they could issue another visa with new conditions ?
If you have already left the country because your contract with Company XXX ended then I'd guess that your temporary work visa also expired. I accept that your contract may have ended before the expiry date on the visa but the visa is based on the job offer, the company and job title etc so if the contract has ended earlier then so does the visa. As soon as you knew the change was to occur or as soon as the change occurred you should have informed Immigration who would have possibly cancelled the visa as it was no longer viable.
In my opinion you need to tidy up the details surrounding your current visa, then re-apply for another temporary work visa based on the Company YYY offer in Christchurch.
Sep 10th 2016, 11:42 pm
#3
Forum Regular
Thread Starter
Joined: Aug 2014
Posts: 47
Re: Work Visa Transfer
hi escapedtonz
Thanks for your detailed answer!!
To clarify my scenario , my work visa is valid till Nov.2016 for XXX company at Auckland . My contract got over with this company and hence I have came back to my native country "India" . Now I am getting another offer from YYY company at Christchurch with same job responsibilities.
as per your answer I got that I need to notify NZ immigration and request them to get my visa transferred , may I know what are the chances to get it transferred from India? I mean being in India is it possible to get my visa transferred?
Also if not and I am going to apply new temporary visa from India for YYY company at Christchurch, would it be a complete process or since I am still holding valid temporary work visa from another company my process would be fast and I can get new visa much before expected time.
Regards
Rahul
Thanks for your detailed answer!!
To clarify my scenario , my work visa is valid till Nov.2016 for XXX company at Auckland . My contract got over with this company and hence I have came back to my native country "India" . Now I am getting another offer from YYY company at Christchurch with same job responsibilities.
as per your answer I got that I need to notify NZ immigration and request them to get my visa transferred , may I know what are the chances to get it transferred from India? I mean being in India is it possible to get my visa transferred?
Also if not and I am going to apply new temporary visa from India for YYY company at Christchurch, would it be a complete process or since I am still holding valid temporary work visa from another company my process would be fast and I can get new visa much before expected time.
Regards
Rahul
Sep 11th 2016, 12:03 am
#4
BE Forum Addict
Joined: Jun 2012
Location: Narangba QLD
Posts: 1,513
Re: Work Visa Transfer
If you're contract for Company XXX is now "got over" as you put it then so is your work visa. That will also expire with the previous job irrespective that the visa doesn't expire till November 2016.
Once again....You CANNOT transfer a work visa.
All you can do is apply for another one for Company YYY.
You do not hold a current visa as the Company XXX contract has ended.
Once again....You CANNOT transfer a work visa.
All you can do is apply for another one for Company YYY.
You do not hold a current visa as the Company XXX contract has ended.
Sep 11th 2016, 12:38 am
#5
Forum Regular
Thread Starter
Joined: Aug 2014
Posts: 47
Re: Work Visa Transfer
hi escapedtonz
Just to clarify , my company's contract got over with NZ client and thus I was asked to come back to India from NZ and join my company XXX at India location. I am still employed with my XXX company in India on full time basis.
Its just now that I am getting another opportunity with another company YYY in NZ and I am keen to work go and work in NZ, I am looking for an option how to get my current work visa with company XXX get transferred to YYY.
Regards
Rahul
Just to clarify , my company's contract got over with NZ client and thus I was asked to come back to India from NZ and join my company XXX at India location. I am still employed with my XXX company in India on full time basis.
Its just now that I am getting another opportunity with another company YYY in NZ and I am keen to work go and work in NZ, I am looking for an option how to get my current work visa with company XXX get transferred to YYY.
Regards
Rahul
Last edited by RahulM123; Sep 11th 2016 at 12:41 am. Reason: provided detailed information
Sep 11th 2016, 1:00 am
#6
MODERATOR
Joined: Oct 2011
Location: Wellington - I miss Castles, the NHS & English school system
Posts: 9,077
Re: Work Visa Transfer
As already stated, You cannot get it transferred, the visa was for a particular job in a particular location, the fact that it ended earlier does not matter and the fact you are working in the same company in India has no bearing on the New Zealand visa as you are not working in New Zealand.
You need to to speak to your local Immigration office and again as already stated you need to inform them you have left the country and no longer working for the company in New Zealand that you had the visa for. At the time of telling them you have left you could discuss the prospect of the other job offer and location. They will no doubt ask to see the job offer to see if it meets criteria to allow an alternative visa to be given.
You need to to speak to your local Immigration office and again as already stated you need to inform them you have left the country and no longer working for the company in New Zealand that you had the visa for. At the time of telling them you have left you could discuss the prospect of the other job offer and location. They will no doubt ask to see the job offer to see if it meets criteria to allow an alternative visa to be given.
