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Thread: What should we do if we failed to meet Section 49 (1) under Investor 2 Cat

  1. #1
    Join Date
    Jul 2017
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    China
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    Default What should we do if we failed to meet Section 49 (1) under Investor 2 Cat

    Hi,
    We have been granted RV through Investor 2 Cat. Under Section 49 (1), we have to live 438 days in NZ in the 4-year investment period. Our plan to move to NZ have been affected by the COVID situation in the past 2 years and we will not be able to fulfil the 438 days requirement. Would like to seek your advice:
    1. What should we do now?
    2. Can we apply for extension? How much could be granted?
    Thank you!

  2. #2
    Join Date
    Feb 2019
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    New Zealand (ex: South Africa)
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    You, or your LIA, should contact INZ and request that your conditions be varied or cancelled, explaining your situation with documentary proof. INZ has discretion to vary or cancel your conditions: refer to Section 50(2)(b) and Section 50(3) of the Immigration Act, reading in conjunction with RA8 and A15.5, schedule 3, power 3. Also refer to Visa Pak 459.

    It is important that you do this before your Section 49 conditions are either breached or expired. If you leave things until this stage, your request will be declined, as a) there is no authority under the Immigration Act to vary or cancel a condition that has been breached or has expired, and b) there is potential deportation liability under Section 159 that must be addressed.

  3. #3
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    Jul 2017
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    China
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    Quote Originally Posted by Kelerei View Post
    You, or your LIA, should contact INZ and request that your conditions be varied or cancelled, explaining your situation with documentary proof. INZ has discretion to vary or cancel your conditions: refer to Section 50(2)(b) and Section 50(3) of the Immigration Act, reading in conjunction with RA8 and A15.5, schedule 3, power 3. Also refer to Visa Pak 459.

    It is important that you do this before your Section 49 conditions are either breached or expired. If you leave things until this stage, your request will be declined, as a) there is no authority under the Immigration Act to vary or cancel a condition that has been breached or has expired, and b) there is potential deportation liability under Section 159 that must be addressed.

    -------------------------------------------------------------------------------------
    Thank you Kelerei for the information. It's very useful! I'm just wondering if it's difficult to get approved on the variations of conditions? Is it easier to ask for reduction in days required OR extension of time for fulfilling the living in NZ requirement please? Thank you and appreciate your kind reply.

  4. #4
    Join Date
    Feb 2019
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    Quote Originally Posted by JanJan2017 View Post
    Is it easier to ask for reduction in days required OR extension of time for fulfilling the living in NZ requirement please?
    That's pretty much asking to get your Section 49 conditions varied anyway...

  5. #5
    Join Date
    Jul 2017
    Location
    China
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    Thank you Kelerei!

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