Section 49 conditions

[samarit]

Hi JandM / Kelerei,

I received my resident eVisa (SMC-JSV to RV) and I don't have any conditions (section 49) except travel conditions.

I am working in the same company for nearly 5 months. If I get a better job in the same skillset, (for example ANZSCO-261313) am I eligible to change

Generally, when conditions are applied - with s49 and remain in that employment for a period of at least 12 months. If you were stayed more-than 3 months but less-than 12 months in that same employment s49(1) will be excluded but 12 months period
on what basis will be excluded. Please advise me

Thank in Advance
Samarit

[Kelerei]

If you don't have any Section 49 conditions, you can pretty much do as you please with respect to employment.

[JandM]

This is the page from the regulations that talks about conditions. https://www.immigration.govt.nz/opsmanual/#66848.htm If you HAD any Section 49(1) conditions, they would be printed on your visa. As there is nothing mentioned there except your travel conditions (which aren't conditions at all, just a name for permission to re-enter NZ freely when you have been overseas), you haven't got any. That means that, from INZ's point of view, you now have the right to work for anybody at anything (legal), and you don't have to inform them. You still come under NZ's employment laws, so, for instance, if you want to change your job, you need to act in accordance with whatever your contract says about how long a period of notice you have to give.

[benz]

With the section 49 condition stating that I need to stay with my job for 12 months. When does the count start? Does it start from the time I got approved on my residency or the first time I worked in my company?

[JandM]

From when you started with the company, and can prove it with letter from the company/pay slips/tax records. To get the Section 49(1) condition removed, the applicant needs to provide the proof to INZ, and be still working in the company while it's all checked out. See here. https://www.immigration.govt.nz/know...-question-1221 And if you're thinking of changing your job once the conditions are removed, you will then be under NZ employment law, and will need to give the amount of notice you signed up to in your contract with the current employer.

[benz]

From when you started with the company, and can prove it with letter from the company/pay slips/tax records. To get the Section 49(1) condition removed, the applicant needs to provide the proof to INZ, and be still working in the company while it's all checked out. See here. https://www.immigration.govt.nz/know...-question-1221 And if you're thinking of changing your job once the conditions are removed, you will then be under NZ employment law, and will need to give the amount of notice you signed up to in your contract with the current employer.

Thanks JandM! Also, as the main applicant, could i have a second job while still following the section 49 condition on my visa? Coz before on my work visa i could only work for the employer supporting my visa. But now im on resident visa could I have 2 jobs?