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Thread: section 49(1) of the Immigration Act 2009

  1. #1
    Join Date
    Jan 2013
    Location
    New Zealand
    Posts
    13

    Question section 49(1) of the Immigration Act 2009

    I saw it on INZ 1025

    To be a sponsor you must be:
    • a New Zealand citizen or the holder of a New Zealand
    residence class visa (if you are the holder of a resident
    visa that is subject to conditions under section 49(1) of
    the Immigration Act 2009, you are not eligible to be a
    sponsor)
    , or
    • an organisation, including New Zealand registered
    companies, incorporated societies, and charitable
    trusts, or
    • a government agency, including government
    departments and crown entities.

    in my passport it says New Zealand Immigration Act 2009, am I not allowed to sponsor my partner?
    I have an indefinite Permanent Resident Visa

    can some one clarify my query?
    Than You very very much!!

  2. #2
    Join Date
    Jan 2012
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    Whangaparaoa
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    472

    Default

    If you have permanent residence you can sponsor your partner.

  3. #3
    Join Date
    Feb 2010
    Location
    IND-AUS-NZ-AUS
    Posts
    536

    Default

    If your visa was granted on condition 49 I.e. you had to invest certain amount of funds in NZ by xx date and if you haven't invested or if you haven't got this condition removed by contacting iNZ after investment, then you cannot Sponsor until you fullfilled your obligations of investment.

    Your visa is not based on this then you do not worry.

    Links to 49 conditions

    http://www.immigration.govt.nz/opsmanual/30917.htm

  4. #4
    Join Date
    May 2007
    Posts
    4,455

    Default

    Section 49(1) conditions are conditions imposed on the visa, once they have been met they can be removed from the visa.

    There are many different conditions that can be imposed, dependent on visa type but the most common is actually under the skilled migrant category, see SM4.30.10 Offer of skilled employment or skilled employment for less than 3 months for more details...

    http://www.immigration.govt.nz/opsmanual/30536.htm

    It should be clearly displayed on the visa if there are currently any conditions that need to be met.

    Ian

  5. #5
    Join Date
    Mar 2015
    Location
    auckland
    Posts
    27

    Default

    Quote Originally Posted by IanW99 View Post
    Section 49(1) conditions are conditions imposed on the visa, once they have been met they can be removed from the visa.

    There are many different conditions that can be imposed, dependent on visa type but the most common is actually under the skilled migrant category, see SM4.30.10 Offer of skilled employment or skilled employment for less than 3 months for more details...

    http://www.immigration.govt.nz/opsmanual/30536.htm

    It should be clearly displayed on the visa if there are currently any conditions that need to be met.

    Ian
    Hello
    Conditions on my visa.

    Visa valid for further travel for 24 months. Initial stay subject to grant of entry permission.visa in invalid if holder is outside of nz with expired travel condition. Please apply for transfer of this visa when passport expires.

    Is my visa is subject to section 49(1) ?
    Or i have the visa without any conditions except travel conditions.

  6. #6
    Join Date
    Feb 2009
    Location
    Auckland
    Posts
    3,697

    Default

    You might have had the condition written on your visa about section 49(1). If it is not there then don't worry you dont have that condition.


    Another way to check this is if you had applied for PR with a job offer, if not then you don't have that condition. Usually when you apply for PR with a job offer and section 49(1) would require you you work for that employer for minimum 3 months before it can be removed.

  7. #7
    Join Date
    Mar 2015
    Location
    auckland
    Posts
    27

    Default

    Quote Originally Posted by Sun777 View Post
    You might have had the condition written on your visa about section 49(1). If it is not there then don't worry you dont have that condition.


    Another way to check this is if you had applied for PR with a job offer, if not then you don't have that condition. Usually when you apply for PR with a job offer and section 49(1) would require you you work for that employer for minimum 3 months before it can be removed.
    I got resident visa under family category and the sponsored person is citizen of nz.
    There is no anyother condition written on my blue sticker.
    Before applying for permanent resident visa I just want to make sure that i have any condtion or not on my visa.

    How to confirm the conditions on visa?

    Thanks

  8. #8
    Join Date
    Feb 2008
    Posts
    37,822

    Default

    Quote Originally Posted by alexneil704 View Post
    Hello
    Conditions on my visa.

    Visa valid for further travel for 24 months. Initial stay subject to grant of entry permission.visa in invalid if holder is outside of nz with expired travel condition. Please apply for transfer of this visa when passport expires.

    Is my visa is subject to section 49(1) ?
    Or i have the visa without any conditions except travel conditions.
    The last - your visa only has the standard travel conditions.

    This is confirmed by the lack of anything else written on the visa.

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