Section 49 conditions

[moonrider]

moonrider, most people get in touch with INZ as soon as they can show they have met the Section 49(1) conditions, whatever they are on their visa, and get the new label that shows they then have residence without conditions. Therefore, for most people, after either three months or 12 months in their new job in NZ, they can hold their residence free and clear. The "five years" follow-up is just INZ reserving the right to tidy up the records after that time, saying they WILL check what is going on if they haven't heard back.

And yes, if a resident didn't fulfil the conditions, they could have their visa cancelled. Also, nobody can move on and get PR unless they can show that any conditions on the original residence visa have been met.

I am holding a JSV and if i got a job , i will submit to INZ and they might grant me RV with 49(1). With JSV, I still have till 8 months to expire , if I being granted with RV 49(1) and let said , after two months i may get another better offer to change to other employers or jobs/company restructring can I take the new offer, if yes I am ok if the 3 months clock restart again.

How long is the RV 49(1) valid, 2 years same as normal RV, meaning how long can i stay in NZ with this condition? Or if I didnt fullfill the 3 months , my RV will be automatically cancel and I need to be deport back? If yes, might as well I wait after 3 months only submit for RV and just hold the JSV?

Sorry just need to get more info before I submit to INZ on my new job offer as i need to make decision on which company i should accept for the job offer

[JandM]

Look here https://www.immigration.govt.nz/opsm...c.htm?6954.htm for the official word on residence visas with Section 49(1) conditions. As you see, if you are issued a visa when you have just the offer, or have started but not worked there for three months yet, your residence will have whichever condition is appropriate on it, BUT the condition is to work (however many) months in that job or another job that meets the requirements - that is, if you change jobs, the clock doesn't start again, and the condition is met when you have done a total of (however many) months.

Section 49(1) is not a visa - you're talking about it as if it was a residence visa. It is a condition placed on a residence visa. It is INZ saying, 'Here is your residence, and/but the first thing you must do is work in this skilled job for x months, then after that you are free and clear.'

If you have enough time left on your JSV to work three months on the skilled job you find before you tell INZ about it, there is nothing to stop you doing things that way, then you will get Residence without any conditions. However, many people like the security of becoming a resident as soon as possible, maybe particularly if they have a family who were on the original application, because those people can then immediately get their residence visas and join them in New Zealand.

[moonrider]

ah means is a residence visa just with a condition stick on it .. basically my family can come over and access to school, medical ... great ..

thanks

[ag]

According to this, https://www.immigration.govt.nz/opsm....htm#66848.htm

If they were in the job for less than 3 months when lodging the application, whoever has applied for SMC from outside Auckland has to stay in their jobs for 12 months at least (if they claimed bonus points) or 3 months at least (if they did not claim bonus points) after the grant of SMCRV?

And no conditions if they applied after being in job for 3 months?

And the 3 months are calculated when submitting EOI or lodging the application after EOI?

Cheers.

[JandM]

That link isn't going to the specific page. Anyone trying to find it, go to Residence>Skilled Migrant Category>SM11 >SM11.5.

The answers to your questions are yes, yes, and it depends. For the third question, some few COs have been known to impose the conditions if the person hasn't been in their job for three months at the time of lodging their application (not the EOI), but most don't impose the conditions if the person has been in their job for three months by the time the visa is being granted. (These days, with the long processing times, there will only be extremely few applications which get processed within three months of the application. )

[Kelerei]

If they were in the job for less than 3 months when lodging the application, whoever has applied for SMC from outside Auckland has to stay in their jobs for 12 months at least (if they claimed bonus points) or 3 months at least (if they did not claim bonus points) after the grant of SMCRV?

As per SM11.5, this is mostly correct.

The requirement isn't necessarily to stay in the original job though; the requirement is that "the principal applicant must remain in that employment, or another position of employment that meets the requirements for current skilled employment including requirements for bonus points if the employment qualified for bonus points under SM6.40 or SM6.50". As such, it's possible to change jobs, so long as the new job meets INZ's requirements for skilled employment, and the same requirements for bonus points that the original job did.

There will also be the requirement that the principal applicant must be remunerated for the employment at or above the level of remuneration on the basis of which points for skilled employment were awarded, for the duration for which these conditions are imposed. (This is also contained in SM11.5.)

The visa holder must follow SM11.15 to get Section 49(1) conditions removed. EDIT: there's also this knowledgebase article.

And no conditions if they applied after being in job for 3 months?

This, I can personally confirm from my own application. It was lodged shortly after I had been in skilled employment in NZ for 3 months (there was a delay in getting some supporting evidence, otherwise it would have been lodged sooner). No Section 49(1) conditions were applied to our Resident Visas, just the standard 2 years travel conditions.

And the 3 months are calculated when submitting EOI or lodging the application after EOI?

If this refers to how long one must be in skilled employment for no Section 49(1) conditions to be applied, my own experience (as mentioned above) strongly suggested that the length of time you are considered to be in skilled employment is as of the date of lodgement.

If this refers to when one may apply for the Section 49(1) conditions to be removed, I would make a fairly educated guess and say that this would be 3 months/12 months (as the case may be) from the principal applicant's first day as a resident (yes, even with the lengthy processing times), though I stand to be corrected on this. I can't find any official information on this, but it would definitely be consistent with SM11.15.

[ag]

That link isn't going to the specific page. Anyone trying to find it, go to Residence>Skilled Migrant Category>SM11 >SM11.5.

The answers to your questions are yes, yes, and it depends. For the third question, some few COs have been known to impose the conditions if the person hasn't been in their job for three months at the time of lodging their application (not the EOI), but most don't impose the conditions if the person has been in their job for three months by the time the visa is being granted. (These days, with the long processing times, there will only be extremely few applications which get processed within three months of the application. )

So, should we be expecting the Section 49 conditions with the current processing times at all?
Assuming 15 months processing time, or it completely depends on the CO to impose the conditions or not.

unfortunately, I lodged my application within a month of joining in my skilled job.

[JandM]

I don't know. It's not written anywhere publicly available that I know of.

[Sunshinenz]

Suppose you start your employment on 1 Feb while on a JSV.
You submit evidence of being in employment straight away in order to get a visa residence.
On 29 April you get a case officer. They will issue you a RV with Section 49 condition.

If you want to avoid having Section 49, on 1 May you should submit evidence that you have been in the job for 3 months, whether or not you will have a CO by that time. If you have a CO submit the evidence to that CO. If not courier it to the same address your send the copy of employment contract to.

[luckylovemom]

Hi everyone, just one question. PR application ask do you visa subjects to conditions; have I met these condition .
Is travelling conditions also count as condition on visa ?? I have no other condition on my residency visa other then traveling conditions?

Yes or not applicable. ??