2014-Aug 29: Changes to definition of “ongoing and sustainable employment"

Visa Pak 177 - Clarification about changes to definition of “ongoing employment" and "ongoing and sustainable employment" to meet residence application requirements

Visa Paks

29 August 2014

Changes to definition of “ongoing and sustainable employment"

Background

On 25 August 2014, the definition of “ongoing employment” or “ongoing and sustainable employment” in certain residence categories was amended to, among other things, clarify that fixed term employment of at least 12 months is required to meet residence requirements.

Amended instructions:

  • SM7.15 Additional requirements for skilled employment
  • RW2.5 Requirements for employment
  • RW4.1 Requirements for employment
  • S1.10 Samoan Quota Scheme
  • S1.40 Pacific Access Category

Why

The intent of this definition is to ensure that migrants are in continuing employment when residence is approved and to ensure that they are well positioned to meet New Zealand's needs and opportunities and more quickly achieve positive settlement outcomes.

The term of employment must be for at least 12 months. The applicant may either be already working in fixed term employment that is for at least 12 months in total, or have an offer for a fixed term of at least 12 months. The current employment or the offer of employment must be valid both at the time the application is lodged and when it is assessed, but where the applicant is already working the employment agreement does not have to have 12 months to run.

Scenario 1

Linda was offered a 12-month fixed term of employment and started working on 1 August 2014. The employment agreement ceases on 31 July 2015 and is not extendable. Linda lodges a residence application on 1 September 2014 and only has 11 months remaining on the employment agreement. Does she meet instructions?

Yes, Linda meets instructions – the stated term has to be for 12 months. It doesn’t have to have 12 months left to run from either the date of lodgement or the date of assessment. Even if she had just one month left, as long as the term was 12 months (or more) when it was offered, this meets the requirements.

What if we are really slow at getting to Linda’s application and we only assess it in September 2015?

  • If she is no longer employed, we cannot grant the visa.

What if Linda advises us that her employment has been extended, but only for 6 months (to January 2016)?

  • We cannot grant the visa – the stated term of her new employment agreement is now only six months.

What if Linda’s employer has given her a whole extra year (so another August to July term)?

  • Linda meets the requirements: she had a 12-month term when the application was lodged and she had a 12-month term when we assessed it. She meets instructions even though it’s not the same 12-month term, and even though she doesn’t have 12 months left to run on her current term.

Scenario 2

Michael was offered 24 months fixed term employment and lodged a residence application. When he lodged his application he had 15 months remaining on the employment agreement. When we are about to issue the resident visa he only has 9 months remaining on the employment agreement. Does he meet instructions?

  • Yes, Michael meets instructions. His employment agreement was for at least 12 months, and he is still in employment. It does not matter that he only has nine months left to run on his current term.