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Thread: About Conditional Resident Visa under Skilled Migrant Category

  1. #1
    Join Date
    Dec 2015
    Location
    China
    Posts
    2

    Default About Conditional Resident Visa under Skilled Migrant Category

    My husband just got a job in New Zealand with Job Search Visa under Skilled Migrant Category.
    According to other's experience, my family can apply for the conditional resident visa before he passes the first 3 months working.
    I am wondering what will occur if my husband lost his first job in the middle of first 3 month so that the condition can not be removed?

    I know that will not satisfy applying permanent resident visa 2 years later using this conditional resident visa.
    But if it is possible that we live in New Zealand in 2 years, find a new job, and apply a new work/resident visa under this conditional not satisfied status?
    Would my family still be legal to stay in New Zealand in the first 2 years?
    During that period can the children attend school ?
    can My husband and I find a new job ?

    I can not find the relating info by search, does anyone know something about this?

    Thanks

  2. #2
    Join Date
    Feb 2008
    Posts
    37,834

    Default

    If your husband, and therefore, you and the rest of the family receive Residence status, with the Section 49 (1) condition because he has not yet completed three months in the skilled job, it is necessary to complete three months skilled work for that condition to be removed.

    If he were to lose his skilled job before completing three months' work with that company, he would be back to the position of someone holding the SMC JSV. I have seen someone say here on the forum that this has happened to him. Whenever the original JSV nine months would end, that is how long he would have to find another skilled job. If he did not find another skilled job in that time, he would have to leave NZ.

    In the case of the partner and children whose visas depend on the main applicant's situation, if the main applicant's job is lost, so he no longer has Residence with a condition, neither do they. INZ is quite kind in that kind of situation - they do allow people a little time to try to sort things out. In the case we're talking about, they might give the partner and children visitors' visas for a short time, in the hope that the main applicant might get another skilled job and start the three months over again with that new employer, but they might just warn them that they would have to leave the country within a certain length of time if no new job came up.

    If you the partner had managed to find a skilled job before the main applicant lost his job, and if your job was a skilled job for which you are qualified, you might be able to get sponsored by your employer to get a temporary work visa, in which case your husband and children could apply for visas depending on your sponsorship. But you could not going on working at your job, if you lost your Residence, until your work visa was granted.

    There is no question of any of you continuing for two years on the original Residence visa with conditions. That visa would cease to be valid immediately the job on which it depended was withdrawn.

  3. #3
    Join Date
    Dec 2015
    Location
    China
    Posts
    2

    Default

    your answer is very valuable. I am clear on it now.
    Thanks very much!

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