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Thread: Religious worker resident visa 5-year condition

  1. #1
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    Default Religious worker resident visa 5-year condition

    Hi to all the moderators and the people who reach this thread.

    A dear friend has gotten their residency through the Religious Worker Resident Visa and they've held the visa for couple years now. They have a condition on the passport that this certain church will be their sponsor for 5 years.

    I've learned from this forum that a resident visa is permanent as long as you don't breach the travel conditions and you don't do anything criminal that may be cause for your deportation. Does this also hold true for a Religious Worker Resident Visa holder?

    The reason why I ask is that my friend and the sponsor church are having their differences in belief. My friend does not want to submit to the church's belief and is planning to leave the church. If my friend just worked an ordinary job after leaving, would he be liable for deportation? Or are they legally still be resident as long as they don't accept welfare from the government? Since I understand that the sponsor will be the one who provides them with all the support for 5 years in case they need it.

    Thanks so much!

  2. #2
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    This is the first time I have seen the Religious Worker Residence Visa mentioned on these threads, so let's hope there is someone reading who may have experience of it, to help your friend. I have no idea if this particular visa would require the holder to continue to work in the church during the period of sponsorship. That is the question that it may be worth asking the INZ helpline.

    I know this is not what you were asking, but the only slight similarity with another visa that strikes me is as follows. The Parent Resident category requires the applicant to be sponsored by their adult child for TEN years after activation of the visa, and because of that condition, they can't apply for PR until after that ten years has ended. The condition for FIVE years' sponsorship on your friend's visa would mean that that person could not apply for PR till after five years have passed.

  3. #3
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    You actually can find the answers to your questions on INZ website. refer to this link https://www.immigration.govt.nz/new-...from-work-visa and click the all visa conditions button.

    it seems to me, he need to work as a religious worker for 5 years before can do other work in NZ and what he can do is find other church that want to sponsor him and apply for a VOC.

  4. #4
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    Quote Originally Posted by JandM View Post
    This is the first time I have seen the Religious Worker Residence Visa mentioned on these threads, so let's hope there is someone reading who may have experience of it, to help your friend. I have no idea if this particular visa would require the holder to continue to work in the church during the period of sponsorship. That is the question that it may be worth asking the INZ helpline.

    I know this is not what you were asking, but the only slight similarity with another visa that strikes me is as follows. The Parent Resident category requires the applicant to be sponsored by their adult child for TEN years after activation of the visa, and because of that condition, they can't apply for PR until after that ten years has ended. The condition for FIVE years' sponsorship on your friend's visa would mean that that person could not apply for PR till after five years have passed.
    Hi JandM,

    That's right, my friend has a 5 year requirement before being eligible to apply for PR. My friend (on wanting to have a second job) did ask INZ before if working on another job is allowed and INZ stated "that as a resident visa holder, you have the right to work in New Zealand as a resident" but also clarified that my friend also needs meet the requirement of the section 49 condition on the visa label. The visa label, on the other hand, stated 'The holder is sponsored by the -Church- for 5 years from day in New Zealand as a resident'.

    Which leads me to wonder if the burden is on the Church making sure they support my friend in times of need even if my friend works somewhere else.

    Thanks.

  5. #5
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    juandoe, if you look at the link JandM provided, under all conditions, it specifically states:

    "For 5 years from your first day as a resident in New Zealand, you can only do the specific religious work, for the specific sponsoring religious organisation, in the specific location detailed in the employment agreement and/or job description that was the basis for us to grant your resident visa."

    It looks like he can't just leave and go work another job.

    The use of the phrase "the holder is sponsored by the church" does NOT mean "making sure they support my friend in times of need even if my friend works somewhere else". A sponsor, in terms of the visa, is someone who verifies the need to be given a visa. It means they are supporting his need to be granted a visa. If he is not working there, he no longer needs a visa that was specifically granted so that he could work there.

  6. #6
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    Quote Originally Posted by TheNewKiwi View Post
    if you look at the link JandM provided
    My mistake, I meant the link cakes88 provided, which was: https://www.immigration.govt.nz/new-...from-work-visa

  7. #7
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    Quote Originally Posted by TheNewKiwi View Post
    "For 5 years from your first day as a resident in New Zealand, you can only do the specific religious work, for the specific sponsoring religious organisation, in the specific location detailed in the employment agreement and/or job description that was the basis for us to grant your resident visa."
    Hi TheNewKiwi,

    I'm very aware of the above statement from INZ but I just want to be sure that it's really the case as my friend was allowed by INZ from their letter that they have the right to work in New Zealand as a resident and they have the same work entitlement as a New Zealand resident or citizen. So it seems to go against the one that was quoted.

  8. #8
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    Thank you, TheNewKiwi.

    juandoe, now that I've looked at the link cakes88 found, I understand.

    This matter of working five years for the church is a Section 49(1) condition on the Religious Worker's residence visa: many people getting Residence under the Skilled Migrant Category also have Section 49(1) conditions on their visas if they have not been in their skilled job for at least three months when they apply (depending on circumstances, that they must stay in that job for different lengths of time).

    Anyone having such a condition WILL have Residence free and clear, including the right to take other work, but only AFTER they have fulfilled the condition, by showing evidence (pay slips and financial and tax records, usually) to INZ that they have worked the required length of time and still are employed. Then a new visa is issued without the condition on it, and they can give notice to the employer if they wish to do so, to go and do something else.

    Here https://www.immigration.govt.nz/opsmanual/#42676.htm are the detailed instructions about the Conditions and Currency of Religious Worker visas, from the INZ Operational Manual.

    You asked in your original post, "If my friend just worked an ordinary job after leaving, would he be liable for deportation?" He should not even be offered any ordinary job once the employer sees the visa (as they should do as part of taking on a foreign worker) - it would be illegal for the employer as much as for your friend. And yes, if he leaves his employment with the religious body, without previously getting a job with another eligible religious body, he brings his own visa to an end. Nobody has the right to live in NZ without a valid visa.

  9. #9
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    Thank you very much JandM and also to TheNewKiwi for clarifying on my question.

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