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Thread: Requirements to get PR whilst in skilled employment

  1. #1
    claire30 is offline Junior Member
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    Default 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

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    Taffy's Avatar
    Taffy is offline He who shall be ignored
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    Hi,

    Whether you need to remain in the job or not depends upon the conditions of your visa. You may receive a 'Section 18a' condition which means you need to stay in the job you are claiming points for, for at least 3 months from the date of the visa being issued. If your visa has no conditions, then you do not have to do that.
    Taffy

    The greatest mistake you can make in life is to be continually fearing you will make one.

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    claire30 is offline Junior Member
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    Ok. I’m more concerned that when my contract finishes on 29th April, 2011 and then my CO assess my application and discover I’m not working after that time (if I don’t find another skilled job). I will have worked 14 months working for the same employer. Would I get declined or they just request more information until they are satisfied?

    I have been in NZ 18 months and have settled in really well especially now that I’m in a happy relationship with a kiwi.

    Between March and June (as that's within 6-9 of processing time), I’m supposed to hear something and hopefully be granted a PR.

    Any advice??

    Thanks, Claire

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    Taffy's Avatar
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    As you're claiming points based on that job, then should that employment end before your PR is granted then you can lose the points. If your score then drops below the 100 point threshold then you could be declined altogether. If it remains above 100, then your case officer may grant you a Work To Residence visa, which gives you a few months to find a new job and get started in it, before being granted full residency. This will very much be down to your case officer though.
    Taffy

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  5. #5
    claire30 is offline Junior Member
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    Hi Taffy.

    I will still be over 100 points if I lose the points claiming current employment.

    1. Suppose they look at my application say 1 or 2 months before my contract ends, will I still have a good chance of getting residency?

    2. If I get another job I know it has to match the tasks on the occupation that I nominated from the occupation list will that be okay (even if its a different job title) and still keep the points? I know I would have to work for at least 3 months if I have the conditions on the resident visa.

    Thanks

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    Taffy's Avatar
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    If immigration has your employment contract and can see the job is ending soon then it will most likely raise questions. I can't really answer whether or not it will affect your application, that's really down to how your application is overall, your skills, qualifications etc etc which only Immigration can decide on.

    If you got another job, it would need to be the same or very similar to the current job you are applying for to keep the points, but the title would need to be the same. Usually, jobs get put in to specific titles for immigration purposes, and that title needs to be consistent with Immigrations list of occupations for them to recognise it. The crux of it is, if you get a new job, ask your new employer if they can give you that specific title on your contract! Most will oblige if it's not wrong or misleading.
    Taffy

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    claire30 is offline Junior Member
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    The current job is a fixed term contract for 12 months to cover maternity leave. A further 2 months has been extended. She will be returning to work on a part time basis and my boss asked if I would do job sharing (although its not my preferred option). I was honest with him that I can only do 30 hours or more to meet the Skilled occupation hours requirement. So I would be doing like 15 hours a week so it wont work.

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    Taffy's Avatar
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    I've just checked up on this, and you need a permanent, full time job or renewable contract in order to claim points for it. Fixed term contracts are classed as temporary work, and as your contract is ending there is no right of renewal or renegotiation. So, I'm 99.9% sure you're not eligible for those points anyway, regardless of time left on the job. It's probably in your best interests to find a new job ASAP, but I really couldn't say what your application outcome would be given the otherwise lack of a job.
    Taffy

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