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What happens if you are made redundant and are on a Talent (Accredited Employers) Work Visa?

What happens if you are made redundant and are on a Talent (Accredited Employers) Work Visa?

Posted on 1st May 2020 by Russell Phillips

Immigration Law

Automotive Employment NZ employ our own full-time immigration adviser.  Vanessa Godbaz License number 201900114.

 

Vanessa explains as follows:

 

With the first wave of redundancies hitting New Zealand it is perhaps some relief for holders of accredited employer work visas that Immigration NZ’s instructions already cover such a scenario. 

 

Varying Talent (Accredited Employers) work visa conditions

 

1. Holders of a work visa granted under Talent Accredited Employers Works Visas may apply for a variation of conditions of their work visa to change employers.
 

A variation of conditions may be granted:

a. to undertake employment for another accredited employer; or

b. to undertake employment for another employer who is not an accredited employer if their employment is no longer available due to reasons beyond the visa holder’s control. When assessing such applications for a variation of conditions, immigration officers will consider all the circumstances of the applicant and the reasons for which the former accredited employer did not continue employment or the former employer’s accreditation was not renewed or rescinded.
 

2. In order to be granted a variation of conditions under (a) above:
 

a. the base salary offered must be no less than the base salary that was required at the time the initial work visa application was made; and

b. the offer of employment must meet INZ standard requirements

 

3. employers must meet also meet the standard requirements

Notes:

~ Where a person fails to continue employment in the circumstances described in (a) and (b) above, they will not be eligible for residence under the Residence Instructions for holders of work visas granted under the Talent (Accredited Employers) Work Instructions.

~ For the avoidance of doubt, the base salary in (b) above excludes employment-related allowances (for example overtime, tool or uniform allowances). The base salary is calculated based on 40 hours work per week.

 

If you have any questions relating to immigration or need visas processed or variations completed all Automotive Employment NZ staff are currently working remotely.

 

Our Licensed immigration adviser, an expert on motor industry immigration issues, Vanessa Godbaz can be contacted on 0274758897