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Thread: S49 Resident visa with condition

  1. #1
    Join Date
    Sep 2017
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    New Zealand
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    Post S49 Resident visa with condition

    Hi all. I have two questions need help.

    First question is conditional visa under s49. Condition with automatically be applied if resident vasa is granted outside of Auckland, can I understand like that?

    For example, currently I am in Auckland, and have an offer from south island and have not start. If I apply resident visa within probation period which means within three month from start the new job, S49 condition will be automatically apply, right? and 12 month will required after resident visa is grant. so I need to stay in that job for more than 12 month (the process time of visa plus 12 month conditional period).


    Second question is salary requirement under new policy. minimum salary requirement is $49,000 for skill job Level1-3. will it be a problem if apply resident visa as accountant with annual salary $50,000 in Auckland area under new policy as it bit lower than market rate?

    Can anybody help?

    Thank you

  2. #2
    Join Date
    Feb 2008
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    36,294

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    Yes to most of your first point - but if you wanted to change jobs in that time, you could do, to another job that was also skilled, in the same career for which you have already proved your qualifications and experience in your residence application. See here for a thread that goes into this. https://www.enz.org/forum/showthread.php?t=52147

    Salary: https://www.immigration.govt.nz/opsmanual/66788.htm and https://www.immigration.govt.nz/opsmanual/66790.htm are the regulations covering this. The old regulations used to look at market rate for a career, whereas these new ones state a certain minimum rate 'or above'. This looks as if, if you're calculating correctly, it ought to be all right - but since the new rules have only just come into force, there are no examples or previous experience to share yet.

  3. #3
    Join Date
    Sep 2017
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    New Zealand
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    Quote Originally Posted by JandM View Post
    Yes to most of your first point - but if you wanted to change jobs in that time, you could do, to another job that was also skilled, in the same career for which you have already proved your qualifications and experience in your residence application. See here for a thread that goes into this. https://www.enz.org/forum/showthread.php?t=52147

    Salary: https://www.immigration.govt.nz/opsmanual/66788.htm and https://www.immigration.govt.nz/opsmanual/66790.htm are the regulations covering this. The old regulations used to look at market rate for a career, whereas these new ones state a certain minimum rate 'or above'. This looks as if, if you're calculating correctly, it ought to be all right - but since the new rules have only just come into force, there are no examples or previous experience to share yet.

    Thank you for your reply.

    Do you have any idea how to avoid S49 in the resident visa? how about apply after 3 month probation period? or apply within probation period however visa approved date is passed three months?

  4. #4
    Join Date
    Feb 2008
    Posts
    36,294

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    If you don't need to claim the points for 'out of Auckland', you may be all right when already in the job for more than three months when you apply. But if you have those points, the condition will happen regardless. If the new job is in Auckland, then there aren't any extra points depending on it, so you should be all right - but in any case, within Auckland, the condition would only be for three months.

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