Section 18A (Can anyone answer)

[Tribesman]

Question on behalf of another person:
There must be someone out there that can answer this ?
Nearly three years working in the same job in NZ , but never had the section 18A taken off my passport. What happens now, or what would be the procedures involved to have it removed. Would there be any problem or is it just a matter of going to immigration etc. Has anyone experienced this problem before. Just very curious before ventureing down to immigration. Would be delighted for any suggestions. I know it should have been done after 3 months --(drat)

[MotherBear]

This is one bit in the INZ Operations Manual that deals with Sec.18A .

SM4.30 Residence visa/permits subject to requirements (17/12/2003)
Immigration Act 1987 s 18A(1)

Where a residence permit(s) 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 holder(s) of the permit is subject to the following requirements:
In the case of the principal applicant* who:
has an offer of skilled employment, they take up that offer of skilled employment within three months of the grant of the first residence permit, and they 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 three months; or
has current skilled employment in New Zealand for less than three months, they 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 three months; and
they inform the nearest branch of the NZIS of their residential address and any changes of residential address while they are subject to those requirements; and
they submit evidence to a visa or immigration officer that, within seven months of the grant of the first residence permit, the requirements set out above have been met.

In another part it says....

SM4.40 Non-compliance with requirements
If a principal applicant* has not satisfied a visa or immigration officer that any requirements imposed under s18A of the Act have been complied with, their residence permit and the residence permits of any accompanying partner* or dependent child may be revoked under section 20(1)(d) of the Immigration Act 1987 unless a visa or immigration officer is satisfied that the principal applicant* has demonstrated good cause as to why it should not be revoked.

but surely this has to do with not fulfilling the requirement to work for the initial 3 months rather than failing to notify them. You have to complete this 3 month period with the employer within the first 7 months. It doesn't seem to say anything about failing to notify them within a certain period, so perhaps it's not a problem.

I'm surprised INZ hasn't followed this up just to clear their records. I guess most people are only too pleased to get rid of the Sec.18A that they are falling over themselves to notify INZ. I would hope that nothing has been done wrong apart from the failing to notify within a certain time. The requirement to work the 3 months has been more than surpassed so that can't be a bad thing.

Sorry, I'm waffling a bit, but I can't seem to find anything that says you have to notify INZ within a time limit.

[Tribesman]

Hi MotherBear,
As usuall you are there with interesting information. Must congratulate you
Its a trickey one this is, cause it needs to be removed before i can submit my residence appliciation for parent sponsership. Mayby someone else has encountered this situation before. Will get it sorted someway, otherwise everything else seems to be under control (I hope)

[MotherBear]

My take on it would be to ask INZ themselves. Let's face it, one way or another your son will have to have his Sec 18A removed before he can sponsor you and the only ones who can do that are INZ. Whilst scouting around in the Operations Manual, in some places it said an immigration officer would notify when the 3 months was up but, in other places, it says the applicant has to notify them, which makes sense because the applicant has to provide evidence that the 3 months with the original company has been completed as required.

I really can't see why INZ would cause a problem as the 3-month requirement has been more than adequately fulfilled. I'd be extremely disappointed if they did although they do have some obscure little rules crop up now and again. Could your son not make a discreet general enquiry about the matter, just to test the water?