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Thread: FYI: removal of section 49(1) restrictions on skilled migrant visa with approved job offer

  1. #1
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    Default FYI: removal of section 49(1) restrictions on skilled migrant visa with approved job offer

    Got the word today that these two restrictions have been removed from my visa: my passport with a new blue sticker is en route to my home in Auckland. For those unawares, skilled migrant visas granted with an approved job offer usually have 2 specific restrictions: You must find work in your nominated profession within 3 months of arrival, and must work for 3 months within that profession. I thought I'd share the process, along with the letter I used to "apply" for these to be removed.

    I gathered copies of my first 3 months's pay stubs and 3 months of bank statements showing the deposits of pay to my bank account. Being paid fortnightly that amounted to a surprisingly thick pile of (double-side printed) pages. I dropped these off at the downtown Auckland INZ branch, along with the cover letter (see below) and my passport. I drop them off on 03 January. A few days later I was notified by the INZ online system that a "new" resident visa application had been opened--so I called the call centre on 10 January and they explained it was only the restriction removals and that I would get a decision within 14 days. Later that afternoon I got the "status changed" email and saw I had been "approved". So I called again this morning and was told my passport would be couriered out today or Monday.

    Here's the letter I wrote, since I couldn't find another one to copy from!

    Auckland Central Branch
    Immigration New Zealand

    Level 4
280 Queen Street

    Auckland CBD

    Subject: Removal of Section 49(1) restrictions removal JawnBC, client # and application number ##

    Dear Sir or Madam:

    I am requesting the removal of two of the section 49 restrictions on my current resident visa, which required me to:

    1. Take up my offer of employment within 3 months of arriving in New Zealand;
    2. Remain in that employment (or another position of employment that meets the requirements for skilled employment) for a period of at least 3 months; and,
    3. Inform the nearest branch of Immigration New Zealand (INZ) of your residential address

    In terms of evidence I enclose:

    1. Payroll receipts for my role at [insert company name here], which indicate having commenced work on 10 September and continuing to work there between 10 September and 13 December 2012 (7 pay slips)
    2. Online statement from my bank with evidence of payroll deposits between13 September and 13 December. I have highlighted the payroll deposits.
    3. These bank statements indicate my residential address near the top right, though I had already given my residential address information to your call centre in October 2012.

    I am also enclosing my Canadian passport, which contains my current visa. My IRD number is ###.

    If you need any further information, please contact me on [mobile #] or [email address].

    Kind regards,

    JawnBC


  2. #2
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    Thanks for that. .

  3. #3
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    My pleasure
    Quote Originally Posted by JandM View Post
    Thanks for that. .

  4. #4
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    Hi Jawnbc,

    Thanks for sharing that info.

    I also recently submitted my Section 49(1) removal request (on 7 Jan) to the Auckland Queen St Immigration NZ Branch. Got an initial e-mail from "Northern Region", then it appears that my request has been transferred to their Henderson Branch (another e-mail).

    The documents that I've put in are:
    1. Letter from employer confirming my start date, that I am still employed by them, my role, that it is a full time employment, my renumeration.
    2. 2 payslips - one from my 1st pay (to show when I start), the other payslip is from around my 3rd month mark.
    3. 1 Bank statement - shows payments into my bank account from the 2.5th - 4th month in NZ.

    (The documents I've submitted are in accordance with what was mentioned in my Approval letter). I've also made a point to choose documents which show that I started when I said I will start; and to show that I am still working beyond the 3rd month mark.

    I will update this thread once I get my results!

    Thanks again for sharing - I am sure it'll be very helpful to others!

  5. #5
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    Good luck! Let us know how you go!

    Quote Originally Posted by taless View Post
    Hi Jawnbc,

    Thanks for sharing that info.

    I also recently submitted my Section 49(1) removal request (on 7 Jan) to the Auckland Queen St Immigration NZ Branch. Got an initial e-mail from "Northern Region", then it appears that my request has been transferred to their Henderson Branch (another e-mail).

    The documents that I've put in are:
    1. Letter from employer confirming my start date, that I am still employed by them, my role, that it is a full time employment, my renumeration.
    2. 2 payslips - one from my 1st pay (to show when I start), the other payslip is from around my 3rd month mark.
    3. 1 Bank statement - shows payments into my bank account from the 2.5th - 4th month in NZ.

    (The documents I've submitted are in accordance with what was mentioned in my Approval letter). I've also made a point to choose documents which show that I started when I said I will start; and to show that I am still working beyond the 3rd month mark.

    I will update this thread once I get my results!

    Thanks again for sharing - I am sure it'll be very helpful to others!

  6. #6
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    for those who don't have job offer and visa approved as resident visa they don't fall under section 49(1) restriction of conditions right?
    You must find work in your nominated profession within 3 months of arrival, and must work for 3 months within that profession.

  7. #7
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    Quote Originally Posted by zednic20 View Post
    for those who don't have job offer and visa approved as resident visa they don't fall under section 49(1) restriction of conditions right?
    You must find work in your nominated profession within 3 months of arrival, and must work for 3 months within that profession.
    That's correct. Section 49(1) only applies to those who got their Skilled Migrant Visa approved with points from a job offer/those on a current job of less than 3 month duration in NZ. (so those who do not have a job offer but have enough points to be approved; or those who are already in NZ working in a skilled employment for more than 3 months do not have the s49(1) conditions).

  8. #8
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    Morning All. Also submitted my request last week. I only included a bank statement showing 3 monthly payments. This was accepted and I have my passports back already!

  9. #9
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    Super! Mine came back yesterday.
    Quote Originally Posted by Spudgun View Post
    Morning All. Also submitted my request last week. I only included a bank statement showing 3 monthly payments. This was accepted and I have my passports back already!

  10. #10
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    both!

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