Removing 49(1) conditions

[Raju]

Hi All,

I have a small query regarding removal of section 49(1) conditions.

What is the maximum time period to send passports to remove 49(1) conditions? During this time can we travel in and out of country?

Thanks in advance.

Regards,
Raju

[JandM]

Do you mean, is there a maximum time before you HAVE to have the condition removed? Or do you mean, how long will INZ take to remove the condition when once they have the passports?

[Raju]

Hi JandM,

is there a maximum time before you HAVE to have the condition removed? This is what I mean.

Regards,
Raju

[RedVee]

Assuming you are on a skilled migrant visa, you have leave to remain indefinitely, but have travel conditions for two years. If you never leave NZ you would be fine. You can certainly travel during those two years, your visa allows for multiple entries during that time. But if you are outside of NZ when the 2 years are up, and you have not had them removed, you will not get back in.

I cannot see any reason why anyone would defer doing this - as soon as I had met my conditions (take up job and stay in it for three months) off the passports went. You can then come and go as you please.

[JandM]

The only part in the regulations concerning this is as follows.

SM4.30.5 Compliance with conditions

When an applicant under this category satisfies an immigration officer that the conditions on their resident visa under section 49(1) have been complied with, those conditions will be cancelled and the officer will advise the applicant accordingly in writing.

http://www.immigration.govt.nz/opsmanual/30536.htm So, there's nothing about HAVING to get them removed there.

But, as RedVee says, most people are keen to get rid of them as soon as they can (and it's normally a few days' wait at most). For one thing, not to have done so could cause some delay or doubt if you want to change from that first NZ job.

Also, when it comes time to apply for Permanent Residence, one of the criteria is that you "have met any conditions that your resident visa was subject to under section 49(1) of the Immigration Act." http://www.immigration.govt.nz/migra...quirements.htm Again, it could hold things up if it's only at that stage you're coming forward to prove that you did the necessary for your first employer, nearly two years previously.

[Raju]

Hi RedVee and JandM,

Thank you for the information.

But, I have this doubt. I am on a skilled migrant visa. I joined the job. INZ enquired about my job and company people told I am working for them. INZ approved Residency.

But later due to circumstances or something, after 3-months full time employment (you have bank statement and IRD statement saying 3-months salary credited) your employer want to terminate / extend probationary / change it contract (some projects loss to company). In this situation, can we still send our passports to get rid of 49(1) conditions?

Regards,
Raju

[JandM]

If you have proof of having completed the three months' full-time work, that is what INZ require to remove the condition.

Are you saying that this is what is happening to you - that the company is wanting to change the terms of your employment? If that is so, in your place I would show INZ very quickly that you have met the condition, so it can be removed. Because that would mean you have your Residence visa free and clear, you do not depend on this one company any more, and can take any job you are offered. You would be free in the work area of life.

[Raju]

Hi JandM,

Thank you.

This was asked by one of my friends who are doing the processing now. I too got this doubt so that I can have this information.

Regards,
Raju

[JandM]

A further thought - to get the condition removed, it's normally necessary to show the completion of the three months' full-time work, and that the person is still there, in the employment. I think, though it doesn't anywhere say so, this is so a visa doesn't get given to someone who is so bad they have been sacked. But of course, it could be awkward for someone if their employer wanted to change their terms of employment (for the worse for the employee) straight away after the three months were finished, sort of holding them to ransom for their visa - there are a few unscrupulous bosses. At any sign of this, get some advice from CAB. Employees have rights, and there is help available.

[Raju]

Hi JandM,

Thank you very much for the information.

Now I read the approval I got and there they have mentioned "you need to get these stickers removed within 5-years".
So I thought I would get it clarified from you.

Regards,
Raju