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Thread: SMC work

  1. #1
    Join Date
    Jul 2018
    Location
    Christchurch
    Posts
    6

    Default SMC work

    Hello all. Lost my previous email so had to start a new account.
    Just a bit of confusion with my conditions for SMC residency I recently got.

    Section 49(1) conditions
    Your resident visa is subject to the following section 49(1) conditions:
    If you have an offer of skilled employment, you must take up the employment within three months of the grant of your resident visa. You must then remain in that employment for at least 12 months.
    If you are in current skilled employment for less than three months, you must remain in the employment for at least 12 months.

    Now that’s all well and good, but none really apply to me? I’ve worked in the same job/employment for several years (albeit a new contract just after applying, I was ‘casual’ which wasn’t acceptable to immigration so I got taken on permanently)

    So does this mean I’ve been in skilled employment for less than 3 months because it doesn’t count until I got my new contract? (Which was in December of last year)

    Sorry if not to clear, I’ll clarify further if someone understands some!
    Thanks in advance

  2. #2
    Join Date
    Nov 2014
    Location
    New Zealand
    Posts
    156

    Default

    Quote Originally Posted by Chipschch View Post
    So does this mean I’ve been in skilled employment for less than 3 months because it doesn’t count until I got my new contract? (Which was in December of last year)
    You seemed to have answered your own question.

  3. #3
    Join Date
    Jul 2018
    Location
    Christchurch
    Posts
    6

    Default

    Not quite - I always think it’s dangerous to make an assumption that my conditions don’t apply because my precise situation isn’t listed?

  4. #4
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    Your previous work on a casual basis didn't count for INZ, so they could only take into consideration the info about your present one. The fact that it's the same job with the same employer doesn't make any difference.

  5. #5
    Join Date
    Jul 2018
    Location
    Christchurch
    Posts
    6

    Default

    Yeah just as I thought. So if I got my permanent contract just after we sent everything off for our application, it starts from that date? (Mid December) therefore which condition applies to me? I’ve been in skilled employment for more than 3 months

  6. #6
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    When did you put in your application? - that is, when would it have been entered into the system for processing?

  7. #7
    Join Date
    Jul 2018
    Location
    Christchurch
    Posts
    6

    Default

    My application was put in around November. I was advised my contract/employment wasn’t acceptable, so I got my employer to take me on a permanent contract etc. this was completed in December and accepted by immigration. AIP was received by 29th February and full approval was in by 11th July

  8. #8
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    Okay, so your job didn't count as having STARTED until after your application was lodged. If you haven't been working at a permanent skilled job for at least three months at the time of lodgement, that's when a Section 49(1) condition will apply.

    Here https://www.immigration.govt.nz/opsmanual/#66848.htm are the conditions. Which one you got will depend partly on where you are working and what bonus points you claimed.

  9. #9
    Join Date
    Jul 2018
    Location
    Christchurch
    Posts
    6

    Default

    Ah I see. So the 12 months is from date of AIP or the final confirmation of approval?
    I really wish they’d make all this clearer lol.

  10. #10
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    It runs from the date of the visa - when it is actually issued.

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