Need help with INZ 1178 - Partnership Residency Visa

[AnnaProfesora]

Hi everyone,

I'm planning to apply for a Partnership Residency Visa soon, and I've been working on the documents recently. My partner is an Australian citizen who moved to NZ in 2021. So, technically he's a NZ resident here. He needs to fill out the INZ 1178 form, and there's a question that we're not sure how to answer.

It is question A9 "Is your residence class visa subject to requirements under Section 49 of the Immigration Act?". I tried to read that section but I still don't understand what it implies. Could anyone please explain what that question means? TIA


Regards,
Anna

[Kelerei]

Under Section 49 of the Immigration Act 2009, conditions may be imposed on a Resident Visa, depending on the category under which a residence application was lodged. On this forum, we most likely see this applied to certain applicants under the Skilled Migrant Category. One would normally be told upon grant of the Resident Visa that Section 49 conditions have been applied, and the process for removing them.

I have never heard of Section 49 conditions being applied to an Australian passport holder obtaining a Resident Visa at the border on the basis of holding Australian citizenship.

You may be able to ascertain whether or not Section 49 conditions apply by using the Visa Verification Service. If this does not work for you, or you remain unsure, contact the INZ call centre for assistance.

[AnnaProfesora]

Thank you for your reply. I'll look into that!