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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22310
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am working private IT componey in Wellington,NZ. Since my

Customer Question

Hi
I am working for a private IT componey in Wellington,NZ. Since my employer is going through a financial crisis, he greed me that he will provide me my wages altogether at the end of June. He have given me a written agreement reagarding my salary from March to July.
Last day I have noticed that he have not payed my PAYE tax as well.
When I asked him he provided me with a bill from IRD. But it not updated on myIR page of mine.
Mean while I have applied for a variation of condition to move to another job. I hold a offer letter from another employee. My case officer asked me for the evidences of wages and IRD but I could produce only the agreement given to me by my employer.
Will it affect my current visa status or I am eligible for variation of condition if my new employer proves he is sustainable.
Hope you will reply me soon.
Yours faithfully
Jobin
Submitted: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.
You should be ok with the situation but you should ask the employer to provide the proper employment contact and final wages calculation. He could be in trouble with Inland Revenue if he hasn't paid your tax and he would also be in trouble if there is no written contract. So you should tell him he must sort these issues.
Customer: replied 5 months ago.
Is there any possibility that I may get a variation of condition??
Will those documents be ok for my variation of condition
Expert:  Chris The Lawyer replied 5 months ago.
I think because the job has ended though no fault of yours, they will allow this
Expert:  Chris The Lawyer replied 5 months ago.
Try to get the documents I suggest from your employer but otherwise Immigration will tell you if the documents are ok
Customer: replied 5 months ago.
Actually the job have not ended.
I am still working there with no wages paid for last three months. I have applied for a variation of condition but I am still working for the same employer who have not payed my wages and tax. Does it affect my current visa. Do I need to face a deportation??
That is my biggest concern.
Expert:  Chris The Lawyer replied 5 months ago.
Thanks for explaining that. If you are not being paid, you do need to move to a new job, and Immigration will permit you to move to new one in these circumstances. You won't be deported if you get a new job, as this is not your fault
Customer: replied 5 months ago.
Is it ok that if I explain my case officer that I don't have my tax paid and give the written agreement stating he will pay off my wages by July 15. She is asking for these two documents.
Expert:  Chris The Lawyer replied 5 months ago.
Try to get more as Immigration will want to check what has happened
Customer: replied 5 months ago.
Can you please suggest some documents that I need to collect??
Expert:  Chris The Lawyer replied 5 months ago.
An employment contract and a proper salary statement showing amounts and PAYE deductions and a letter stating you are being let go as they cannot afford to pay you
Customer: replied 5 months ago.
But they never let me go. I have salary statements just of one month. Remaining four months he have not payed me.
Expert:  Chris The Lawyer replied 5 months ago.

Then a letter from them explaining what has happened

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