Section 49 conditions

[JandM]

As they told to complete 12 months so will it be counted joining date at job or after achieved residency time for 12 months will be counted ???

By 'they' who told you you must complete 12 months, do you mean the Section 49(1) condition on your residence visa?

[Agam13c]

yes according to section 49 i have to work 12 months

[JandM]

Then you have to count that 12 months from the time you start (or started) work.

[Agam13c]

thanks dear for replying

[Agam13c]

hello dear Just want to confirm as my wife needs to complete 12 months on same or high wage rate for removing condition 49 on resident visa . suppose incase if Inz increase pay rate in future for residency application then what pay rate should be for my wife to remove condition the same pay rate when she recieved residency or new pay rate if it goes up for removing condition 49 on resident visa thanks

[Agam13c]

I recieved this email from Immigration as i asked to them tjey replyThank you for your email.



Please refer to immigration instructions SM11. In particular, SM11.5(d) and SM11.5(e), as these apply to your client.

An applicant may change employment as long as the they hold the same employment conditions as their initial skilled employment. For example, same or higher remuneration AND if they were awarded bonus points for skilled employment outside Auckland, they should remain in employment outside Auckland for that period. Further, the instruction states ‘for a period of at least 12 months’. Based on this, the 12 months does not have to be consecutive employment, as long as the client meets the conditions within 5 years.



Please note that if the client wishes to change employers during the 5 year period, they should provide sufficient evidence that they met all conditions when their lodge their s49 removal of conditions application.



Hope this clears things up a bit.

[Kelerei]

hello dear Just want to confirm as my wife needs to complete 12 months on same or high wage rate for removing condition 49 on resident visa . suppose incase if Inz increase pay rate in future for residency application then what pay rate should be for my wife to remove condition the same pay rate when she recieved residency or new pay rate if it goes up for removing condition 49 on resident visa thanks

This is for a Skilled Migrant Category Resident Visa, right? Different categories of Resident Visa may have wildly differing Section 49(1) conditions (e.g. the investor categories have rather onerous investment conditions attached).

Assuming that this is indeed a Skilled Migrant Category Resident Visa (which, as it's the only Resident Visa I'm aware of that may have Section 49(1) conditions pertaining to employment, seems rather likely), S11.5(e) states that, while you are subject to Section 49(1) conditions, you must be remunerated at or above the level or remuneration "on the basis of which points for employment were awarded" -- which heavily implies that this will be whatever the rate of pay was as of the Skilled Migrant Category application being lodged, regardless of any future changes to said rate of pay INZ may make.

[Agam13c]

Thanks dear kelerei for replying another thing i want to confirm when will start my 12 months to compleate this condition I mean will it be counted after granting residency or start date of employment ???

[Agam13c]

Thanks dear kelerei for replying another thing i want to confirm when will start my 12 months to compleate this condition I mean will it be counted after granting residency or start date of employment ???

[JandM]

https://www.immigration.govt.nz/opsmanual/#66848.htm