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Thread: Residence visa, section 49(1) conditions

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    Default Residence visa, section 49(1) conditions

    Some questions for you peeps!

    I've received my AIP letter stating that we have been successful in being awarded a "New Zealand resident visa" - and that I should ensure I have one blank page in my passport

    Our visas are subject to the following section 49(1) conditions:

    1. Take up offer of employment within 3 months of landing in NZ;
    2. Remain in that employment for at least 3 months;
    3. Inform nearest branch NZIS of our address;
    4. Provide written evidence of attaining 1, 2 and 3 within 5 yrs of arriving in NZ.

    Now I'm assuming that once we've sent this information (which could be 4 or 5 months after arriving) we'll be granted a permanent visa with no travel restrictions?

    Also, what travel restrictions are there on our resident visa? I've read posts about IRRV, RRV etc. but as far as I'm aware they've been replaced by PR and residence visas...

    Finally I read an old post (2008 I think, not on this forum) where someone said that if you're granted residence under SMC you need to start work no more than 3 months from the date the visa is issued and not the date you land in NZ... please say this is no longer the case (this seems contrary to section 49(1), number 1 above).

  2. #2
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    Manks is offline Serial procrastinator and general busybody
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    I met my conditions in December.

    Firstly, you don't have any travel restrictions anyway. You can still come and go as you please. It's just you have to meet the specific conditions set out.

    If you don't meet the conditions, your PR is no longer valid and you can be asked to leave the country after those first 7 months. It ensures that you're not just using the job to get PR and then buggering off to do something else.

    Once you've met the conditions, however, you have the right to live here permantently (assuming you meet the requirements after 2 years). NZIS invalidate your previous visa (which has the conditions written on it) and issue you a new, clean visa with no restrictions.

    You still need to apply for your full Permanent Resident Visa after 2 years (previously known as IRRV).

    And the 3 months starts ticking when you land in NZ.

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    Quote Originally Posted by Manks View Post
    I met my conditions in December.
    Congrats!

    Quote Originally Posted by Manks View Post
    Firstly, you don't have any travel restrictions anyway. You can still come and go as you please. It's just you have to meet the specific conditions set out.
    Ok... makes sense... I read somewhere about travel restrictions on visas and got confused. We'll need to come and go for holiday/work but unlikely to be more than two or three times during the first two years.

    Quote Originally Posted by Manks View Post
    If you don't meet the conditions, your PR is no longer valid and you can be asked to leave the country after those first 7 months. It ensures that you're not just using the job to get PR and then buggering off to do something else.
    The conditions are so easy to meet it shouldn't be a problem. Where did you get the 7 months from...

    Quote Originally Posted by Manks View Post
    Once you've met the conditions, however, you have the right to live here permantently (assuming you meet the requirements after 2 years). NZIS invalidate your previous visa (which has the conditions written on it) and issue you a new, clean visa with no restrictions.
    Ok so I meet the conditions, then the requirements as shown in the OM and then I can apply for my PR visa after 24 months. Got it now... does this cause any issues with obtaining mortgages/credit etc?

    Quote Originally Posted by Manks View Post
    You still need to apply for your full Permanent Resident Visa after 2 years (previously known as IRRV). And the 3 months starts ticking when you land in NZ.
    I think my problem is that I've been concentrating on obtaining the resident visa via the SMC and didn't really look into what conditions/restrictions would be in place if I got it (wasn't looking that far ahead!).

    Out of interest, is the application for PR straightforward? Simply fill in a form, pay a fee presumably, and bob's your mother's brother? Don't suppose you have a linky for the application for me to peruse?!

    Finally, I also assumed that you were automatically granted permanent residency if successful via the SMC route (maybe because everyone, including me, seems to say they've got PR once they're approved!). Strictly speaking we haven't got PR, but just R!

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    Quote Originally Posted by rick78 View Post
    Congrats!
    Ta!


    Quote Originally Posted by rick78 View Post
    The conditions are so easy to meet it shouldn't be a problem. Where did you get the 7 months from...
    My conditions said I had to provide the evidence within 7 months of landing.


    Quote Originally Posted by rick78 View Post
    Ok so I meet the conditions, then the requirements as shown in the OM and then I can apply for my PR visa after 24 months. Got it now... does this cause any issues with obtaining mortgages/credit etc?
    It did pose a minor issue for me with a Kiwibank credit card application. They would only give me a $1,000 credit limit until I had a "clean" visa. Even then they only doubled my limit - but luckily I'm not a big credit card spender!


    Quote Originally Posted by rick78 View Post
    Out of interest, is the application for PR straightforward? Simply fill in a form, pay a fee presumably, and bob's your mother's brother? Don't suppose you have a linky for the application for me to peruse?!
    I don't but I'm sure some other helpful soul will! I know an ex-forumite who's just done it and it was relatively painless and quick. You don't have to worry yourself for the time being

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    I've just this minute posted this on another thread, too! http://www.immigration.govt.nz/migra...teps/apply.htm

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    Thanks for info peeps... so as far as I understand I have no travel restrictions, and as long as I meet my conditions (which I mention on my original post) I can apply for a permanent resident visa for us all. Do I need to wait until 2 yrs before I can apply for the PRV, or can I do it as soon as I've met the conditions?

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    One of the requirements for Permanent Residence (old IRRV) is that it has to be two years since you activated your Residence visa (old PR) upon arriving in NZ. http://www.immigration.govt.nz/migra...quirements.htm

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    Ok so a two year wait it is!

    Fair enough though isn't it... you need to show your commitment before they give your the PRV.

    It looks like a simple process though to "upgrade" to the PRV... and relatively very very cheap (only $160).


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    Quote Originally Posted by rick78 View Post
    Some questions for you peeps!

    I've received my AIP letter stating that we have been successful in being awarded a "New Zealand resident visa" - and that I should ensure I have one blank page in my passport

    Our visas are subject to the following section 49(1) conditions:

    1. Take up offer of employment within 3 months of landing in NZ;
    2. Remain in that employment for at least 3 months;
    3. Inform nearest branch NZIS of our address;
    4. Provide written evidence of attaining 1, 2 and 3 within 5 yrs of arriving in NZ.

    Now I'm assuming that once we've sent this information (which could be 4 or 5 months after arriving) we'll be granted a permanent visa with no travel restrictions?

    Also, what travel restrictions are there on our resident visa? I've read posts about IRRV, RRV etc. but as far as I'm aware they've been replaced by PR and residence visas...

    Finally I read an old post (2008 I think, not on this forum) where someone said that if you're granted residence under SMC you need to start work no more than 3 months from the date the visa is issued and not the date you land in NZ... please say this is no longer the case (this seems contrary to section 49(1), number 1 above).
    Hi,
    Did you apply for the PR with a Job offer in NZ?

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    Default JandM I need help!!!

    Quote Originally Posted by JandM View Post
    One of the requirements for Permanent Residence (old IRRV) is that it has to be two years since you activated your Residence visa (old PR) upon arriving in NZ. http://www.immigration.govt.nz/migra...quirements.htm


    HI JandM,
    I guess this three moth restriction is just for the people who got PR by showing the Job offer in NZ(so that they may not be interviewed by the INZ), and not for the people like me who didn’t have the job offer and attended the interview.
    Please correct me if I am wrong. I am latterly confused!!!!

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