SM4.30 Resident visa subject to conditions (to 27/08/2017)

Note: The instructions in this section cease to be effective from 28/08/2017.

See also Immigration Act 2009 ss 49, 50

SM4.30.1 Resident visas may be subject to conditions

1. A resident visa may be granted under the Skilled Migrant Category to a principal applicant (and any accompanying partner and dependent children) subject to conditions imposed under section 49(1) of the Immigration Act.
2. Resident visas will be granted subject to conditions where SM4.30.10 and/or SM4.30.15 below apply.

SM4.30.5 Compliance with conditions

When an applicant under this category satisfies an immigration officer that the conditions on their resident visa under section 49(1) have been complied with, those conditions will be cancelled and the officer will advise the applicant accordingly in writing.

SM4.30.10 Offer of skilled employment or skilled employment for less than 3 months

Where a resident visa is granted under the Skilled Migrant Category on the basis that the principal applicant qualifies for points for an offer of skilled employment in New Zealand or current skilled employment in New Zealand for less than three months (see SM7), the visa holder is subject to the following conditions:

1. In the case of a principal applicant who has an offer of skilled employment for which bonus points for employment outside the Auckland region (SM9) have not been awarded, that they:
   1. take up that offer of skilled employment within three months of their first entry to New Zealand as a resident (if the visa was granted offshore), or the grant of their resident visa (if the visa was granted in New Zealand) ; and
   2. remain in that employment (or another position of employment that meets the requirements for offers of skilled employment including requirements for bonus points if the offer of employment qualified for bonus points under SM8), for a period of at least three months.
2. In the case of a principal applicant who has current skilled employment for less than three months for which bonus points for employment outside the Auckland region (SM9) have not been awarded, that they:
   1. remain in that employment (or another position of employment that meets the requirements for current skilled employment including requirements for bonus points if the employment qualified for bonus points under SM8), for a period of at least three months.
3. In the case of a principal applicant who has been awarded bonus points for an offer of skilled employment outside Auckland (SM9), that they:
   1. take up that offer of skilled employment within three months of their first entry to New Zealand as a resident (if the visa was granted offshore), or the grant of their resident visa (if the visa was granted in New Zealand) ; and
   2. remain in that employment (or another position of employment that meets the requirements for offers of skilled employment including requirements for bonus points if the offer of employment qualified for bonus points under SM8 or SM9) for a period of at least 12 months.
4. In the case of a principal applicant who has been awarded bonus points for current skilled employment outside Auckland (SM9) for less than three months, that they:
   1. remain in that employment (or another position of employment that meets the requirements for current skilled employment including requirements for bonus points if the employment qualified for bonus points under SM8 or SM9) for a period of at least 12 months.
5. The visa holder must:
   1. inform the nearest office of INZ of their residential address and any changes of residential address while they are subject to those requirements; and
   2. submit evidence to an immigration officer that the conditions set out in the relevant provision of SM4.30.10(a)-(d) above have been met within five years of:
      • their first entry to New Zealand as a resident (if the visa was granted offshore), or
      • the grant of their resident visa (if the visa was granted in New Zealand).
6. In the case of any accompanying partner and dependent child - that the principal applicant comply with the conditions to which they are subject.

SM4.30.15 Where occupational registration subject only to interview by Medical or Dental Council

Where a resident visa application is approved on the basis that the principal applicant is eligible for occupational registration under SM19.15(b)(ii) subject only to a satisfactory personal interview with a representative of the Medical or Dental Council on arrival in New Zealand, the visa holder is subject to the following conditions:

1. In the case of the principal applicant -
   1. that, within one month of their first entry to New Zealand as a resident (if the visa was granted offshore), or the grant of their resident visa (if the visa was granted in New Zealand), the applicant obtains full or provisional occupational registration in New Zealand; and
   2. that, within five years of the grant of their first entry to New Zealand as a resident (if the visa was granted offshore), or the grant of their resident visa (if the visa was granted in New Zealand), the applicant submits evidence to an immigration officer that requirement (i) above has been met.
2. In the case of any accompanying partner and dependent child - that the principal applicant comply with the conditions to which they are subject.

Effective 10/11/2016