# Change of condition (CSV) - Employment Contract Query



## Sergev (Apr 7, 2016)

Good day All,

I searched long on the forum but could not find a similar case.

I am hoping someone can shed some light on the query below.
I currently have a general work visa with a specific company attached and wish to change the employer. I therefore recently applied for a change of conditions to a critical skills visa with the new employer and had my application rejected on the basis that I am not currently in the employment of the company I applied with.
The contract of employment was provided, stating the start of employment being '1 May 2016 or as soon as the visa is issued'.
The starting date was set as such as I believed you need to first obtain the visa before officially starting your new employment.

From what VFS just told me, that is not the case, as I am applying for a change of condition, the contract or letter of employment must reflect that the employee has 'already started' and is on the payroll of the new company.
They have also confirmed that it is perfectly legal to start work with the new company and then apply for the change of condition.

My question is the following:

1. Am I supposed to have started already with the new company prior to applying for the change of condition?
2. Am I not supposed to obtain the new visa before starting?

Best regards,
Serge


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## Klipspringer (Feb 21, 2015)

You are changing visa categories not conditions. It seems to me it should be a new application from scratch and you were incorrectly advised.


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## Kickagainstxenophobia (Feb 9, 2016)

It's a complete different visa categories. General work permit is under section 26a while critical skills is under section 27b. So what you need to do is to apply correctly for CSV and not changing conditions. There's no ways you can change conditions from a general work visa to a critical skills. Hope this helps.


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## LegalMan (Dec 26, 2012)

Its best that I could actually view the rejection letter. This sounds like a straight forward appeal, provided it is still within the 10 day period.

It is illegal to begin working for a new company before receiving the relevant visa.


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