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Thread: Removal of Section 49

  1. #1
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    Default Removal of Section 49

    I just want to know if you could already quit your job even though the application is still on process? Thanks

  2. #2
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    Quote Originally Posted by benz View Post
    I just want to know if you could already quit your job even though the application is still on process? Thanks
    What do your Section 49 conditions state?

  3. #3
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    You must remain in the employment for atleast 12 months.

    During that period you must be paid at or above the level of remuneration on the basis of which points for skilled employment were awarded: 25.50 per hour

  4. #4
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    Quote Originally Posted by Kelerei View Post
    What do your Section 49 conditions state?
    You must remain in the employment for atleast 12 months.

    During that period you must be paid at or above the level of remuneration on the basis of which points for skilled employment were awarded: 25.50 per hour

  5. #5
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    Ah, so that sounds like the Skilled Migrant Category, and specifically that SM11.5(d) (principal applicant who was awarded bonus points for current skilled employment outside of Auckland for less than three months) and SM11.5(e) (all principal applicant with skilled employment with conditions imposed under SM11.5(a),(b),(c) or (d)) was applied. SM11.5 in its entirety can be found here.

    This will depend on whether or not INZ determines that you had met those conditions prior to leaving your employment. If INZ determines that you had met those conditions prior to leaving your employment, then it appears that you will be fine. If not, then you will need to find another position of employment that meets the requirements for current skilled employment (and including requirements for bonus points under SM6.40 or SM6.50 if your original employment was awarded those bonus points), and remain in that new position for a period of at least 12 months.

    Note that you have five years to comply with those conditions (SM11.15(a)(ii)), so if INZ determines that you have not yet met your Section 49 conditions, you will be fine so long as it will still be possible for you to meet those conditions within that five year period. It's only after that five year period that INZ may consider that you have not complied with those conditions and begin deportation proceedings under D2.15.30. Visa Pak 459 explains this further and provides examples.
    Last edited by Kelerei; 30th September 2021 at 12:22 PM.

  6. #6
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    Quote Originally Posted by Kelerei View Post
    Ah, so that sounds like the Skilled Migrant Category, and specifically that SM11.5(d) (principal applicant who was awarded bonus points for current skilled employment outside of Auckland for less than three months) and SM11.5(e) (all principal applicant with skilled employment with conditions imposed under SM11.5(a),(b),(c) or (d)) was applied. SM11.5 in its entirety can be found here.

    This will depend on whether or not INZ determines that you had met those conditions prior to leaving your employment. If INZ determines that you had met those conditions prior to leaving your employment, then it appears that you will be fine. If not, then you will need to find another position of employment that meets the requirements for current skilled employment (and including requirements for bonus points under SM6.40 or SM6.50 if your original employment was awarded those bonus points), and remain in that new position for a period of at least 12 months.

    Note that you have five years to comply with those conditions (SM11.15(a)(ii)), so if INZ determines that you have not yet met your Section 49 conditions, you will be fine so long as it will still be possible for you to meet those conditions within that five year period. It's only after that five year period that INZ may consider that you have not complied with those conditions and begin deportation proceedings under D2.15.30. Visa Pak 459 explains this further and provides examples.
    Thanks for the info. I might as well just stay just to be sure.

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