Query about working for 3 months and timeframe of it all

[happy_monday]

Hi all,

I am in the process right now of applying for residency, I've been sent my ITA and am filling it out. I am in NZ and currently working in the job that I am claiming points for. Although my job is full time it can be flexible and I am wondering how flexible I can be with the timing of the 3 month work period. I'm trying to work out what my options could be.

After being granted a residence visa, assuming I am, can I do all or any of these?

1. Stay in NZ and not work for a few months and then do the 3 months later on?
2. Work as a freelance here and there over the summer and then do the 3 months after?
3. Potentially return to the UK for a few months before returning to NZ and doing my official 3 month stint then?

Somebody had told me that I would have a year within which to do the 3 month stint to fulfill that requirement. Does anyone here know if that's correct and what the options are?

Many thanks for any help or advice with this.

[RedVee]

If you get residency on the basis of a skilled employment offer, you need to have evidence that you took up that job within three months. If you don't, your "travel conditions" will stay on your visa. That means if you are outside NZ when the 2 years comes around you will not be allowed back in. So it's not a random three months, its within three months.

[JandM]

Here are the detailed regulations. http://www.immigration.govt.nz/opsmanual/30536.htm There AREN'T really any options.

[happy_monday]

Hi, thanks for the info. I just spoke to immigration and am still somewhat confused. She firstly said that unless my visa was subject to section 49.1 that the compulsory 3 month work period would not be imposed. But then she went on to say that if I needed to leave the country during the 3 months and my employer verified that I was still going to be employed when I came back that that would be ok. Apparently as a skilled migrant section 49.1 should not normally be imposed, as it's only for work to residency. But am still feeling a little in the dark with it all. I can't find very much about section 49.1.

She said I could check the regulations of skilled migrant residency online if I had a good head for legal and bureaucratic speak, but that not many people do! So if anyone out there can break it down into bite size chunks or can direct me to a site where it's laid out plain and clear what you can and can't do and what you have to do (for dummies) then I would be grateful. Currently I've been working in the job for 3 months and I did 3 months before now, so total will be 6 months or more by the time I get my ITA back to them, does that make a difference? Somewhere it says for a job 'less than 3 months'.

I read you have seven months to prove your 3 month stint. Is this within those 7 months or do you just get a 4 month window after to get them the proof?

Sorry, am not so good at figuring all this stuff out and my life is somewhat complicated. Many thanks.

[JandM]

Apparently as a skilled migrant section 49.1 should not normally be imposed, as it's only for work to residency.

That's absolutely not so. There are many forum members who have had a Section 49(1) condition on their Residence visa.

She said I could check the regulations of skilled migrant residency online if I had a good head for legal and bureaucratic speak, but that not many people do!

That's at the link I gave you above. http://www.immigration.govt.nz/opsmanual/30536.htm

I read you have seven months to prove your 3 month stint. Is this within those 7 months or do you just get a 4 month window after to get them the proof?

Where did you read this? If you give a link, people will be able to see the exact wording and help you interpret it. We will also see in what context this was said, to see if it's likely to apply to your situation, or not.

BUT now that you've told us how long you have been in your current job, it is correct to say that you are very unlikely to get a condition of this kind, which normally comes up for those who have been in their job for under three months.

[IanW99]

Section 49(1) From Immigration Act 2009

Visas may be subject to conditions
(1)Every visa other than a permanent resident visa is subject to such conditions (if any) as may be,—
(a)in the case of resident visas, specified in residence instructions relating to visas of that type, being the instructions applicable at the time the application for the visa was made:
(b)in the case of temporary entry class visas other than visas subject to restricted temporary entry instructions, specified in temporary entry instructions relating to visas of that class or a type of visa within that class, being instructions applicable at the time the visa was granted:
(c)in the case of temporary entry class visas subject to restricted temporary entry instructions, specified in temporary entry instructions applicable at the time the application for the visa was made:
(d)in the case of transit visas, specified in transit instructions applicable at the time the visa was granted:
(e)imposed by the Minister or an immigration officer under section 50, 51, 52, 53, 54, or 55:
(f)imposed by or under any other Act.

Ian

[Karen Phillips]

Hi. There are all sorts of subtle differences between people's circumstances, so my suggestion would be not to make plans to travel until you have your residence visa and can read the conditions for yourself. If you have been in the skilled employment for which you are claiming the points to get your SMC for more than 3 months, it is very UNLIKELY that you will get Section 49 (1) conditions. However, some of the things that are common practice are not the only options that are available to INZ. When you say you talked to "immigration" about your situation, were you talking to one of the Call Centres? These people have to cover such a wide range of queries that they are not always quite as expert as a Case Officer. Not sure if this helps. Karen

[happy_monday]

Hi, and thanks again for all the info, it's been so useful. Here is the reference to the seven month quote:

Class 1 applicants who have offers of skilled employment will once their points claim has been tested against actual immigration policy be granted residence permits pursuant to the Immigration Act 2009 once any further verification on the hard evidence presented with the actual residence application is carried out. This basically means that a resident visa will be issued and the applicant will need to present evidence that they have worked in a skilled job for three months following the granting of their resident visa. If they do not present such evidence within seven months their resident visa may be revoked.

This is the link:
http://www.immigration.co.nz/do-i-qu...teria-process/

Apologies, as I probably seem a little stupid, there just seem to different answers to the same question. And yes, the girl I spoke to was an immigration call centre.

I continue with the process and am continuing research.

Many thanks again everyone who has posted here!

[JandM]

Ah, right - now I understand.

This is for someone who gets Residence with the Section 49(1) condition mentioned before - that is, within three months of arrival in NZ, they must take up the job offer that was part of their application, and then work in it for three months, and show proof to INZ that they have done that and are still employed, in order to get the condition removed from their Residence visa. The mention of 'seven months' is made up of three months after they get to NZ + three months in the job + one month's leeway for getting in touch with INZ.

But as I said before, since you're already in NZ and given the length of time you have already been working in that job, it is unlikely that any such condition would be put on your visa.