When granted a Skilled Migrant Category resident visa in New Zealand, some applicants receive their visa with Section 49(1) conditions attached. These conditions must be met before applying for their removal, which then allows eligibility for a Permanent Resident Visa. This guide provides a detailed step-by-step process for successfully removing Section 49(1) conditions, including required documents and where to submit your request.
Understanding Section 49(1) Conditions
Section 49(1) conditions are specific employment and residency requirements that must be satisfied before an individual can transition from a conditional resident visa to a full resident visa without restrictions. Typically, these conditions require the principal applicant to remain employed in a specified role and location for a set period.
Failure to meet these conditions could lead to complications with future visa applications, including potential revocation of the visa.
Required Documents for Removal of Section 49(1) Conditions
To apply for the removal of Section 49(1) conditions, applicants must submit a comprehensive request with supporting documentation. Below is the complete checklist:
1. Cover Letter Requesting the Removal
Your cover letter should include:
A clear request for the removal of Section 49(1) conditions.
Full name, date of birth, and passport details.
Current residential address and contact information.
Explanation confirming that all conditions have been met.
2. Valid Passport Copies for All Applicants
Submit clear copies of valid passports for all individuals included in the original resident visa application.
3. Employment Confirmation Letter from Your Employer
This letter must:
Be printed on official company letterhead.
Confirm your job position, duties, and length of full-time employment.
Be signed by an authorized representative of the company.
Include the company’s official contact details.
4. Evidence of Employment
You must provide at least one of the following to verify your employment:
Two recent payslips.
A recent bank statement showing salary deposits.
An Inland Revenue Department (IRD) Summary of Earnings, available upon request from IRD.
5. Proof of Residence in New Zealand
In some cases, additional proof of continued residence in New Zealand may be required, such as utility bills, rental agreements, or other official documents confirming your address.
Submission Process for Removal of Conditions
Once you have gathered all necessary documents, you can submit your request through one of the following channels:
1. By Postal Mail
Send your application to: Immigration New Zealand
PO Box 76895
Manukau City
Auckland 2241
New Zealand
2. By Courier
For faster delivery, send your request via courier to: Immigration New Zealand
DX Box: EP71514
20 Fairfax Avenue
Penrose, Auckland 1061
New Zealand
3. Drop Box Submission
If you prefer to submit your documents in person, you can drop them off at: Ground Floor
20 Amersham Way
Manukau, Auckland 2104
Processing Time & Fees
There is no application fee for the removal of Section 49(1) conditions.
The processing time varies but generally takes a few weeks.
If additional information is required, an Immigration New Zealand officer will contact you directly.
What Happens After Approval?
Once the conditions are removed:
Your resident visa will no longer have employment or location restrictions.
You may become eligible to apply for a Permanent Resident Visa, granting you indefinite stay in New Zealand.
Conclusion
Successfully removing Section 49(1) conditions is a critical step toward securing full residency in New Zealand. By ensuring that all employment and residency obligations are met and providing complete documentation, applicants can smoothly transition to an unrestricted visa status.
For further inquiries, applicants can visit Immigration New Zealand’s official website or contact their nearest INZ office.
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