Residency Visa Granted but Sec 49 (1) condition imposed

[Adishe86]

Hi

Got my resident visa approved but condition sec 49(1) imposed.

The following is how it was quoted Once you meet the requirements above, your resident visa will be subject to the following section 49(1) conditions.
If you have an offer of skilled employment, you must take up the employment within three months of the grant of your resident visa or your first entry to New Zealand as a resident (visa granted when you are offshore), remain in that employment for a period of at least 12 months and provide the evidence stated at a and b below. If you are in current skilled employment for less than three months, you must remain in the employment for a period of at least 12 months and provide the evidence stated at a and b below.
Within five years of the grant of your resident visa or your first entry to New Zealand as a resident (visa granted when you are offshore), you must submit the following evidence:
a. A letter from your employer, printed on company letterhead, confirming your position, your commencement date and that you have been in full time skilled employment for 12 months or more.
b. Original or certified copies of 12 months’ worth of payslips and bank statements confirming your salary payments for that period, or an Inland Revenue Department (IRD) Income Tax Summary (which can be obtained online from the IRD website www.ird.govt.nz).

If you have already completed 12 months’ skilled employment upon submitting your passport, please submit the information at a and b above

My query is

1) Can i change my employer if I get better job offer and a better role in the same skilled employment i.e CHEF.

2) Will immigration consider my previous work experience in NEW Zealand of 10 months from my previous employement during which I had applied for SMC visa process but moved on to another job for better growth and got residency visa during my probation period with them.

Thanks You Please guide me. Cheers !!

[sharry]

Hi,
Did you got your residence from outside Auckland?
if you have, then you have to stay in that job for 12 minimum months and need to show the proof to immigration;
but if you got residence from a particular job then there is no point imposing section 49(1).
But better call the immigration NZ
Cheers

[Adishe86]

Hi,
Did you got your residence from outside Auckland?
if you have, then you have to stay in that job for 12 minimum months and need to show the proof to immigration;
but if you got residence from a particular job then there is no point imposing section 49(1).
But better call the immigration NZ
Cheers

Hi Sharry thanks for the reply I have got it outside Auckland. Yeah need to check with immigration. Thanks

[sharry]

Btw Its sharry not shetty
PLease don't ruin it.

[Adishe86]

Sorry Sharry !!

[sharry]

yea thats more like it..

[Kp108]

Hi, I have been working in outside Auckland for 9 months, my resident visa application is under process since 8 months. I had completed 1 month when I applied for resident visa (points outside Auckland.
Will I get section 49? And will I have to show 12 months from date of joining or from the time it was granted?

[JandM]

Yes, you will have a Section 49(1) condition on your visa. It is likely to require you to have worked in that job outside Auckland for 12 months since you started there, but it does sometimes happen that such conditions aren't what is expected, so it's possible you would have to show 12 months after the grant of the visa.

[rymon333]

no you will not get it..it is being discussed earlier as well..they see at the issuance of visa whether u have worked at the same place for more than 3 months..so chill...

[rymon333]

https://www.enz.org/forum/showthread.php?t=51263

for your reference