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AdrianT
22nd January 2009, 12:47 AM
Hi,

I have been working as a self employed consultant through various agencies, and I was wondering how to fill in the work experience section of the EIO.

If my employment was me -> my ltd company -> agency -> end client (and the only contract that I have are with the agency) do I put them down as the 'employer' / my own company as the 'employer' or the proper end client?

My end clients have been companies like IBM / HSBC etc so well known names (and they are mentioned as the end-clients in my contracts with the agency)

Hope that somebody can dispell my confusion!!


TIA

Adrian

globetrecker
22nd January 2009, 05:37 AM
What a great question! Are you in the U.S.?

That is something that we are wondering about as well. One thing that confused us about this is that we called the NZ embassy in D.C. and asked a similar question about the EOI and subsequently the PR application. (My husband wants to contract/consult from NZ with the U.S. company he currently works for -- sounds like a similar situation with you). She stopped me and said, "You can't do that. You have to work for a New Zealand company. You can't be a contractor or consultant. It won't work for EOI points."
What????

AdrianT
22nd January 2009, 08:08 AM
[QUOTE=globetrecker;273668]What a great question! Are you in the U.S.?
QUOTE]

Unfortunately not. I'm in the UK - but the working paradigm is quite similar (except I don't believe that you have to use a ltd comany in the US).

globetrecker
22nd January 2009, 08:26 AM
You're right, UK or US, either way they require people to have a job or job offer from a NZ company. I called the L.A. office to confirm this and they said there is no way you can be a contractor or consultant from a different country. It absolutely has to be a New Zealand company with a New Zealand address.

I was also told that your work visa/permit is specifically for a certain job and if you quit and try to do consulting or change jobs, it makes your permit invalid and you will then be working in the country illegally.

They said the only way to be able to work as a consultant or contractor is to go through the Skilled Migrant category (get a job offer, submit an EOI and then go to residency). As soon as you get your blue stickers, as a resident you can do anything you want, include contract or consult. It is that way for USA, UK, etc. residents.

Does this help?

Ana&Steve
22nd January 2009, 04:07 PM
You can use your self-employment/contractor work as proof of experience but I can't quite remember what is required. It's something like work receipts and letters from clients.
I think what you'd do is send it to NZQA and get an assessment level.

I know this has been talked about a lot so someone with the answers will come along!

AdrianT
3rd February 2009, 07:15 AM
Hmm,

Hopefully someone will come along to give some more feedback - but by the response it appears to be a bit of an unknown quantity.

Will try and dig around on the NZIS website for more answers.

victoria24
3rd February 2009, 07:37 AM
i know what your'e on about as ive come across this a lot. am i right in assuming that you are the only director of a ltd co that has been set up by a payroll company to take dividend so that it lowers your tax and NI position?
legally, you are employed by the ltd co (which is a legal entity of its own) and you could get a ref from the company secretary or another director.
you are only self employed in the eyes of a mortgage lender whose criteria is generally that if you own more than 33% then you are classed as self employed and would provide accounts to evidence income.
whoever the ltd company has contracts with has no bearing on your rights as an employee, frinstance you could claim redundancy pay from the ltd co even though its your company!
feel free to pm me if you want more clarity :nice1

AdrianT
3rd February 2009, 07:52 AM
Yep - that's the kinda thing I was talking about (altho the wife is the Director of the company - I am just the serf that is sent out by the company to earn money!!)

And the amount of un-necessary merde that I have had to learn about the complexities of the UK tax / employment law with running my own ltd company is enough to drive a person to emigrate....

Somehow I don't think that a refeence from the 'employer' ltd company is quite what NZIS are looking for - even tho' I am employed by said legal entity.

AdrianT
5th February 2009, 08:59 AM
And the answer (according to NZIS who I emailed) is as Follows:-

"Dear Adrian

Thank you for taking advantage of our Online Help facility.

You can put down the agency for work experience and explain about the contract work that you have done .

Kind Regards,


Sanjit
Customer Service Officer
Department of Labour"

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