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Thread: Do I have to stay in job once SMC Resident visa approved?

  1. #1
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    Default Do I have to stay in job once SMC Resident visa approved?

    Hi guys
    Does anyone know if you have to stay in your current job role once you are approved for resident visa under skilled migrant?
    I have been in the job 2+ years and it's outside of Auckland.

    Cheers

  2. #2
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    This depends on whether or not your Resident Visa is issued subject to conditions under Section 49(1) of the Immigration Act 2009, and what those conditions state. Immigration instruction SM11.5 details the conditions that may be applied to a Resident Visa issued under the Skilled Migrant Category, if you either have an offer of skilled employment, or have current skilled employment for under 3 months.

    If you are subject to conditions, your visa acceptance letter will detail the conditions and the process to remove them once you have met them.

  3. #3
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    Thank you Kelerei

    So option C:
    " Principal applicant who has been awarded bonus points for an offer of skilled employment outside Auckland (SM6.50) "

    It's not clear whether this will be the case if I have been in the current job position for 12 months + already before applying for SMC

    Any further clarification??

    Thank you

  4. #4
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    See the heading here. https://www.immigration.govt.nz/opsmanual/#66848.htm If you had been in the job for less than three months when you applied, the visa would be issued with conditions.

  5. #5
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    Thank you JandM
    So to clarify because I have been in the same skilled employment for 2+ years - my resident visa will not have conditions. Even though also my employment is NOT in Auckland and I am claiming points for that.

    Thanks heaps

  6. #6
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    That should be right. It has occasionally happened in the past that someone in INZ mistakenly put conditions on a visa in circumstances like yours when they shouldn't have done, but the matter was corrected when the applicant drew attention to it.

  7. #7
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    Thanks so much for your help @JandM

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