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Thread: Section 49 of Immigration Act

  1. #1
    Join Date
    May 2011
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    Question Section 49 of Immigration Act

    Hi all, Applying as a partner of NZ permanent resident and only now I'm filling in the app and support forms have I come across mention of section 49 of the immigration act with relation to restrictions against a residents visa. Having revisited the official NZ govt immigration site It's mentioned on the 'if you are sponsoring a family member' i.e. parent, but not a partner, so not sure if it's just generic to the form and doesn't affect us? I'm struggling to find out what section 49 relates to and whether it's pertinent to my parners visa at all. Anyone able to clarify?

    Much Appreciated,

    Chris.

  2. #2
    Join Date
    Jun 2009
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    Default

    As far as I understand it can be any restriction they choose to put on. However, based on the experiences reported on this forum in the last 2 years (used to be called Section 18A) then it has only been used to make it a condition to take up a specific job that was used in the application process within 3 months of arriving and stay 3 months. But if you're unsure, then check with NZIS.

  3. #3
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    The INZ site says that any visa CAN have restrictions applied to it, but I've only ever seen Section 49 restrictions come up on the forum as Duncan mentions.

    I wouldn't think you need to worry about this while at the form-filling stage. If INZ want to impose any conditions, they'll tell you at the time of issuing a visa - it isn't anything you can do anything about in advance.

    What is the wording you have found?

  4. #4
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    Wording on the support form is:

    "Are you a NZ citizen, or the holder of a current NZ residence class visa which is not subject to conditions under section 49 of the immigration act of 2009?"

    Thanks guys, I think you may have clarified things for me a little - I'm now thinking section 49 is not one specific clause but more like an 'umbrella' section for individual restrictions that are issued against visa's on a one to one basis. As OH's visa was issued back in the stone age we can't see that there would be anything to get worked up about but fingers are crossed here!

    Anyway, I've posted off the application. If there is a restriction for some reason then we'll have to deal with it there and then. Psychologically speaking it felt important to get it in the post and be done with it - only so much time you can spend worrying about it before you lose your nerve!

    Thanks for the great forum, been very helpful so far.

    Chris.

  5. #5
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    If he'd had a Section 18A (as it was then) restriction on his visa, it would have been printed on the first blue sticker he had. When he had fulfilled the condition (i.e. taking up the job offer and working at that job three months) INZ would have changed that for one that wasn't restricted at all. The fact that you're saying he's a long-term permanent resident makes me fairly confident that he must have got his IRRV after two years - is that right? And if that's so, it shows that any restrictions/conditions had to have been met already.

  6. #6
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    Wink

    He moved there with his parents as a 3 year old in the sixties so unless NZ was a well known user of child labour I think we're fairly safe!!

    Many Thanks for explaining - NZIS should employ you lot, it might make their website a bit more fathomable!

  7. #7
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    Feb 2008
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