Question regarding conditions imposed under s49 of the immigration act 2009.

[Charlsjoseph]

Hi,

I need to clarify a doubt regarding the conditions specified in my resident visa.


The condition specified in my resident visa is,

" This visa is subject to conditions imposed under s49 of the immigration act 2009. Holder must take up employment offer within three months of the grant of the first resident visa and remain in that employment for a period of at least 12 months "

I have already started working in the new employment but my doubt is, do I need to continue with my current employer for at least 12 months ? What to do if I get a better opportunity from another company under the same skilled employment criteria, will I be able to take up that job ?

Can anybody help me on this please.


Thank you

[JandM]

See SM4.30.10 c or d, here. https://www.immigration.govt.nz/opsmanual/30536.htm Your residence is conditional upon your staying in the same employment for 12 months.

[Charlsjoseph]

See SM4.30.10 c or d, here. https://www.immigration.govt.nz/opsmanual/30536.htm Your residence is conditional upon your staying in the same employment for 12 months.

Thanks a lot for your reply.

I comes under c which is > remain in that employment (or another position of employment that meets the requirements for offers of skilled employment including requirements for bonus points if the offer of employment qualified for bonus points under SM8 or SM9) for a period of at least 12 months.

> So did this means I can change the employer, but remain in the same employment for at least 12 months ? I'm under skilled employment, so am I free to take other jobs under the same category (skilled employment) ?

> Also say I'm working for current employer (A) and I get another offer from (B) which is same type of JOB under same category. So can I submit 3 months experience with employer (A) and 9 months experience with employer (B) to the immigration for clearing my residency conditions.

Thank you

[JandM]

Another job would have to meet the same conditions as the one you already hold. It would have to be skilled, in the same skilled career as you proved in your original application, linked to those same qualifications and work experience.

[Charlsjoseph]

Another job would have to meet the same conditions as the one you already hold. It would have to be skilled, in the same skilled career as you proved in your original application, linked to those same qualifications and work experience.

Thanks a lot for your reply. Our situation is, my partner is having 7 months of experience outside Auckland and after 7 months her contract changed to a new one with the same employer. Once she got the new contract we applied for residence visa and we got it with the following conditions,

===
" This visa is subject to conditions imposed under s49 of the immigration act 2009. Holder must take up employment offer within three months of the grant of the first resident visa and remain in that employment for a period of at least 12 months "
===

So can we present her 7 months previous experience along with another 5 months experience to remove this condition ? Or we need to present 12 months experience starting from the date of approval of residence visa ?

The thing is she is having all her experience (Overseas) working in hospital rather than in a rest home. So she is very much interested to work in hospital, but unfortunately the first job she got in new zealand is in rest home as RN. In my understanding RN in hospital/DHB is not comes under skilled category, so it is not possible to move to a hospital/DHB before removing the condition.

Can someone advice on this please ?

Thank you

[JandM]

I think this would mean 12 months from the grant of residence. What do you think, ChrisMwn?