Zeeta
16th May 2008, 11:24 PM
Hi
I've been here for 3 months now in Wellington on a work permit (loving the place a lot!) and I'm thinking of getting a new job. I know I need a new work permit for that, but what is the sequence of the procedure? I mean, do I quit first at my present workplace (there's a 2-week notice) and then apply for the new work permit, or is it the other way round?
Another thing: now that they had this corruption scandal with the head of Immigration, is the process bound to get a lot slower and more supervised?
Kim39
17th May 2008, 08:58 AM
If you are here solely on a work permit and nothing else then you can change employer but not job. You can do this anytime you feel the need, but will need a variation of conditions stamped into your passport. If you are here on PR then you can do what you like after the 3 month grace.
Kim
Zeeta
17th May 2008, 10:01 AM
That's not what I meant.
I can change jobs if I apply for a new work permit at Immigration and they grant me that. My question was, do I have to wait to get this new work permit to hand in my notice at my present workplace?
IanW99
17th May 2008, 12:16 PM
That's not what I meant.
I can change jobs if I apply for a new work permit at Immigration and they grant me that. My question was, do I have to wait to get this new work permit to hand in my notice at my present workplace?
I think what Kim is trying to say, is that will your new job be substatially the same type of job (do the same sort of work) as the one that you were granted a work permit for.
If its the same work but with a different employer then you can get a 'variation of conditions' on your existing visa without needing to get a new visa.
Ian
Potato
17th May 2008, 01:32 PM
Yes, really you would have to consider on what basis you obtained a work permit. For example, if it was because no other kiwi could do the job, then when moving to a new job you likely would need to prove this again.
But again, without knowing the details it's hard to answer definitively on this, as there are many different ways of getting work permits in NZ.
Also, check your work permit in your passport. I remember mine said that I may work as <job title> for <organisation>.
Apparently, not all of them state this explicitly.
Kate D
17th May 2008, 02:13 PM
If you are here on PR then you can do what you like after the 3 month grace.
Kim
Ooh - don't think I registered this! Does this mean you can't change job and/or employer until you are three months in...? I thought with PR you could change any time and that was one of the big attractions of it...
Hmm, Plan B might not be a plan after all if the above is true...
Kate
Potato
17th May 2008, 02:45 PM
Ooh - don't think I registered this! Does this mean you can't change job and/or employer until you are three months in...? I thought with PR you could change any time and that was one of the big attractions of it...
Hmm, Plan B might not be a plan after all if the above is true...
Kate
Well 3 months, in my opinion, is not really all that long. Especially if you used that job to claim points for the residence application in the first place.
However, this 3 month thing is not guaranteed. I was given residence without any conditions attached (it will say on your permit). They received my application the very day I started my job. Not sure if that had anything to do with it.
So, some people get the 3-month condition, others don't. I'm not sure if there's a dead-set way of figuring out whether you will have it or not. Aside from asking your case officer? I know I had no idea until I sent off my migrant levy and got my passport back with no conditions. It surprised me a bit.
(My contract is 12 months).
I see you've got your approval in principle. :) Might just be worth asking your case officer if you will have the 3 month condition on your permit.
IanW99
17th May 2008, 03:42 PM
Just to continue this thread a bit further regarding PR and 3 months.
NZIS have the right to add a section 18A to your PR, this lists additional conditions that have to be met before the PR becomes unconditional.
Normally the section 18A if applied would stipulate that you must work in the same job for at least 3 months and then you can have the condition removed. However, it is possible that they could impose a longer period or some other conditions also.
AFAIK, section 18A is normally applied to all PRs that are granted with a job offer unless you were granted the PR whilst already working in NZ i.e. if you have already been in NZ for a reasonable period then they don't impose this condition.
Ian
Zeeta
18th May 2008, 11:34 AM
OK, I think I'll have to start all over explaining :)
My new job will be of a completely different nature than my present one. So I will need a new work permit alright. But that's not my question.
What I don't know is, when can I hand in my notice to my present employer to remain on a valid permit at all times.
Here is a possible sequence:
1. job offer from new employer
2. work permit obtained for new job
3. hand in notice at present work
4. work 2 more weeks at present work because of the 2 week notice period
5. start at new job
But if I do this, step no.4 is not right: I will be working 2 weeks for my present employer while in my passport I actually have the work permit for my new employer!
So what is the right sequence of steps?
If I hand in my notice before I get the work permit for my new employer, that's not quite right either: I may not get the new permit before my 2 week notice period is over, and then I'll be here without a valid permit.
Potato
18th May 2008, 07:36 PM
OK, I think I'll have to start all over explaining :)
My new job will be of a completely different nature than my present one. So I will need a new work permit alright. But that's not my question.
What I don't know is, when can I hand in my notice to my present employer to remain on a valid permit at all times.
Here is a possible sequence:
1. job offer from new employer
2. work permit obtained for new job
3. hand in notice at present work
4. work 2 more weeks at present work because of the 2 week notice period
5. start at new job
But if I do this, step no.4 is not right: I will be working 2 weeks for my present employer while in my passport I actually have the work permit for my new employer!
So what is the right sequence of steps?
If I hand in my notice before I get the work permit for my new employer, that's not quite right either: I may not get the new permit before my 2 week notice period is over, and then I'll be here without a valid permit.
Those steps may be OK. You wouldn't necessarily lose your old permit just because you get a new one. You could ask NZIS to keep your old permit valid for the time period you need to work your notice....thoug that may not even be necessary since they may just stamp a new permit in your passport and not even touch your old one.
(I know that when I got residency, my old work permit was untouched...though this isn't exactly the same thing).
The other issue is, are you *certain* that NZIS would grant you a permit for your entirely new job?
You also would have to contend with the Wellington branch waiting-list, so it may be a fairly lengthy process.
I was thinking about asking for "variation of conditions". It might be worth a shot (considerably cheaper and quicker....I would imagine). But switching to a totally new field may necessitate going for a completely new permit altogether.
Zeeta
24th May 2008, 12:14 PM
Those steps may be OK.
Yeah, it turns out they are.
I wrote to Immigration and they answered:
"You will need to remain in your current employment until the new work permit application has been approved."
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