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Reply To: Good Morning team, I hope you and your loved ones are well and keeping healthy. Would like to ask for some advice and help please. As you may be aware I have been offering coaching services to (45) professionals free of charge who have unfortunately been made redundant. On a call today and a professional asked me something I need some direction on.Situation is: he is working for an accredited company and is on a work to residency visa. Company have informed him that they are going to disestablish his position. Question is; can an accredited employer do this bearing in mind his Visa obligation is to that company and if they do does he then need to pack his family up and move to his home country?Any thoughts, support or ideas would be of great help. Thank you, Look after yourself and each otherNick RoudRoud Career Coaching

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hello Nick

Unfortunately, the visa status does not prevent the employer from disestablishing an employee’s position and terminating employment grounds of redundancy. If the employer disestablishes the employee’s position but wishes to redeploy them into another role within the company, the employee must contact INZ and apply for a variation to the conditions of their work visa (i.e. to work in a different role). If the employer terminates the employee’s employment on the grounds of redundancy (i.e. no redeployment), then the employee must contact INZ and apply for a variation to the conditions of their work visa (i.e. to work for a non-accredited employer). The employee will be unable to lawfully work in New Zealand until they have been granted a variation to their current work visa, or obtain a new work visa. Best to direct the employee to this link on the INZ Website which has information about varying visa considitions https://www.immigration.govt.nz/new-zealand-visas/apply-for-a-visa/tools-and-information/general-information/variation-of-conditions-temporary-visas/varying-a-work-visa