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Thread: Section 49(1) Offer of skilled employment

  1. #1
    Join Date
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    Default Section 49(1) Offer of skilled employment

    Hi all.

    As I can see on http://www.immigration.govt.nz/opsmanual/30536.htm if resident visa granted under the Skilled Migrant Category on the basis that the principal applicant qualifies for points for an offer of skilled employment AND an offer of skilled employment outside Auckland you must remain in that employment (or another position of employment that meets the requirements for offers of skilled employment including requirements for bonus points if the offer of employment qualified for bonus points under SM8 or SM9) for a period of at least 12 months.

    But if i don't qualifies bonus points for employment outside the Auckland region, do i also must remain in employment for a period of at least 12 months?
    Or no?
    May be more smart decision is work more than 3 months and after that apply to SMC resident visa?

  2. #2
    Join Date
    Feb 2008
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    If you have the offer of a skilled job in NZ for which the points count towards your EOI, then you get a Section 49(1) condition on your Residence visa, if you haven't started the job yet, or if you haven't worked at least three months in the job. When you go back to INZ with proof that you have worked three months (e.g. pay and tax records) and are still employed there, you get a new visa label with no conditions on. That applies if you haven't qualified for the bonus points for having a job or offer outside Auckland.

  3. #3
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    Thank you very much for answer.
    As i understand if i qualified for the bonus points for having offer outside Auckland I get a Section 49(1) condition on my Residence visa - remain 12 month on work.
    If i don't qualified for the bonus points for having offer outside Auckland I get a Section 49(1) condition on my Residence visa - remain 3 month on work.

    Right?

  4. #4
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    Correct.

  5. #5
    Join Date
    Apr 2016
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    New Zealand
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    Post

    Hello,

    I have been asking myself the same question and looking for information for quiet a while and, JandM, although I do not pretend to question your knowledge on that subject, I am quiet confused between what you said above and what it is written in the "INZ1105 Skilled Migrant Category Application for Residence Guide"
    Following is what it is written :

    If you are granted a resident visa on the basis that you qualify for points for an offer of skilled
    employment in New Zealand, or you have been in skilled employment in New Zealand for less than
    three months, you are subject to the following conditions:
    [...]
    If you have been in skilled employment outside Auckland for less than three months – you must
    remain in that employment (...), for a period of at least 12 months
    Where I am confused is that they do not include whether or not you qualified for points for a skilled job outside Auckland. The way I understand the above text is "You've been granted Residence Visa with points for a skilled job outside of Auckland in which you have been for less than 3 months... You must keep that job for at least 12 months. Period"


    Thanks in advance for your clarification

  6. #6
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    If your application has gone in WITH a job offer, and that job offer is OUTSIDE AUCKLAND, by that very fact you will have had the bonus points. So they're drawing attention to the fact that an outside-of-Auckland job means you'll be committed to it for twelve months.

  7. #7
    Join Date
    Apr 2016
    Location
    New Zealand
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    Default

    Got it. Thank you!

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