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Thread: section 49

  1. #11
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    Sep 2019
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    Hamilton
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    Hello Dear as my resident visa going to expire in November this year BUT as I have condition 49 on resident visa so I could not remove this condition because as I started study after residency and going to start job again in May 2021 this year I will be able to fullfil condition 49 after my resident visa expire just want to know should I apply for second subsequent resident visa or not because I will complete 12 months employment in same occupation or should I direct apply permanent resident visa .

  2. #12
    Join Date
    Feb 2008
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    Your resident visa does not expire. It's only the "travel conditions" - the name for permission to re-enter NZ freely -which last just two years. While you are in NZ, your residence lasts forever (unless, remembering your recent posts about your driving charge, the authorities ended it). That means that, unless you intended to leave the country, you would have the right to continue living and working onshore until you complete the conditions for having your Section 49(1) conditions removed. And you have to have fulfilled the conditions before you have the right to apply for PR (as it says here https://www.immigration.govt.nz/new-...anent-resident, "have met any conditions of your Resident Visa").

  3. #13
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    Sep 2019
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    Hamilton
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    Thanks for replying

  4. #14
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    Sep 2019
    Location
    Hamilton
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    Hello Dear I am bit confused because my lawyer said to have to apply for second subsequent resident visa because you have two year resident visa. you have to apply for another 2 year resident visa and also when i asked him will i have to wait for another 2 yeras for permant resident visa application after having second subsequent visa he said yes you have to wait another 2 years wait for permanent resident application I dont know is he right or not please suggest me thanks

  5. #15
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
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    Immigration instructions pertaining to a second or subsequent Resident Visa only applies to a person who held, or was deemed to hold, a Resident Visa that expired due to the holder leaving New Zealand after the expiry of the travel conditions, or was outside New Zealand when the travel conditions expired. See RV4.5.

    A resident visa does not expire while its holder remains in New Zealand (see RA1.1: the holder of a Resident Visa may stay in New Zealand indefinitely once granted entry permission). If you have Section 49(1) conditions which you have not met, you are ineligible for a Permanent Resident Visa (due to RV2.5(d) not being met), but you may apply for a variation of travel conditions under RV3 which will extend the period of time in which you may travel outside New Zealand and return as a resident.

    If you are currently in New Zealand, the advice you have received regarding a second or subsequent Resident Visa is therefore totally incorrect. Find a better lawyer.

    EDIT: All of the above is also covered in the INZ 1176 factsheet. I suggest getting your so-called "lawyer" to read it thoroughly.
    Last edited by Kelerei; 20th April 2021 at 04:46 PM.

  6. #16
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    Sep 2019
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    Hamilton
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    I agree with you dear your advice always correct since i joined this form

  7. #17
    Join Date
    Sep 2019
    Location
    Hamilton
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    please also suggest me as i have condition 49 on my resident visa when should i start 12 months for removing condition ,should I count when i started employment or after recieved residency
    I started my job 8 august 2019 and gained residency in 11 november 2019 and worked till feb 2019 almost 6 months now I have compleated study and going to start new job in
    15 may 2021 again should i calculate 12 monts from august to feb 2019 and may 2021 to november 2021 if yes them m I ellible to apply permanent residence visa if it counted from august 2019

  8. #18
    Join Date
    Feb 2008
    Posts
    37,194

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    The present regulations don't state this clearly - whether work done while holding a work visa before the resident visa was granted can count towards fulfilling the time mentioned on the condition. https://www.immigration.govt.nz/opsmanual/#66848.htm

    In your position, I would ask INZ to clear the question up for you.

  9. #19
    Join Date
    Sep 2019
    Location
    Hamilton
    Posts
    95

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    thanks
    Last edited by Agam13c; 21st April 2021 at 07:13 AM.

  10. #20
    Join Date
    Nov 2015
    Location
    New Zealand
    Posts
    182

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    I think thatís your job 😂

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