Having problem with employer in New Zealand

[pryann]

I lodge my Residency application (SMC) at Hamilton Branch last Nov 2007 after having my work visa. My employer has couple of business along with IT business. At the beginning of my work he used to produce my pay slip in the name of X (IT business). After few months later he has started issuing my pay slip from his diff. business A/C. Y (Lawn Business) and he has given proper explanation to immigration office why he is using this account.

This year June 2008, his business Y has gone into liquidation due to heavy drought. When immigration office found it out they asked me to produce recent pay slip, IRD details and request employer to produce company's annual report or Income tax return. When I called to IRD, I have found my tax is paid till FEB 2008 in the name of Business Y. I asked my employer to settle my IRD he said, business Y has been gone in to liquidation so from March2008 -June 2008 no tax required to pay. So he has settled my recent IRD from July 2008-recent in the name of Business X (IT Business) and he has given me pay slips and an explanation letter addressed to Immigration office about his new pay roll for my weekly wedges.

I did submit my IRD details and pay slips to my case office. Now she is asking for company's annual report /tax rerun for IT business to know company's sustainability. After informing this news to my employer he started rude to me. He also said verbally, he can not pay me any longer on regular basis as business is down and asking me to work for him on casual to maintain the system and I'll be paid for the hours I spend. This is a clear indication; he is not willing to produce annual report / Tax return and asking me to leave his company other way. Being an employee I can not ask him why he is not willing to produce one. The reason is really unknown to me.

I had 2 year contract with him and I worked for him for last 16 months. When I lodge my application my point was 210. I do not have any choice but to inform my case officer about it. My question is how could it affect my residency application?

Finding another job is a matter of time and due to xmas/new year I can not find any job till end of January 2009. Mean time how I could support myself and my child as my working visa is endorsed with employer's company name. Some company does show interest on my CV but when they learn about my visa status they turn me down. What would be my stand????

I could feel my expertise is employable in New Zealand market. I have 8 year work experience in computer programming and my previous experience is in New Zealand comparable market. I am a computer science graduate from Manila Philippines and NZQA is Level 5.

Do you think my application will be decided basis on the sustainability of a company rather than my eligibility/capability??

I can provide all payslips, weekly payment received from their A/C, communication email with client during development and maintenance of system and system documentation.

If my application is declined because of my company's fault then it's would be unfair.
I am willing to file a case against my employer and would like to assign a professional lawyer and sing a contract if they can assure me they will win the case to get my residency. In a word I could say "No Success, No Payment."

Can you suggest me how what would me approach to my case officer? Should I look for a lawyer now or after their decision?

Please advice me, I really can not deal with these stress.
Hope to hear from you.

Mary Ann.