Rascal

Soz if this has been asked before a 100 times or more but I was told yesterday by a immigration consultant in NZ (she was an Ozzie tho) that if we got our OZ PR, we would not need to get our Indefinate returning residents Visa for NZ as with OZ PR we could work/live in NZ any time we liked?
Is this correct?
We have NZ PR and 2 year RRV, we need our IRRV next year but was told if we get our OZ PR we wouldn't need to bother with NZ IRRV.
Just want to make sure that these facts are correct.
Thanks for any advice

JAJ

More or less - but remember, rules could easily change (they have done in the past).

New Zealand is unlikely to remove the rights of Australian *citizens* to live in NZ anytime soon, but it could easily take away the rights of Australian *residents*.

Rascal

Thanks JAJ.
Its such a dilemma for us now, we have OZ companies all wanting to see MR R like NOW, but we dont qualify for our IRRV until May next year (even though we will have lived in NZ 5 years then!) Long story...
But according to the NZIS, owning a house in NZ will qualify us for IRRV regardless if we are still living/working there???
(We still do and will own a house in NZ btw)
So, big question is:
Do we wait till May 07 and get IRRV and 'put off' seeking OZ wor now OR do we start the OZ PR process now and hope the rules dont change??
Dilemma!

Wendy

I think I'd wait. It's only 7 months, not that long in the grand scheme of things.

Tough call though, I'm sure you'll work out the best decision between yourselves

Rascal

Yeh I know, Common sense is telling us to wait, that other little angel on our shoulder says go for OZ PR now!
The agent in OZ is getting frustrated and wants us there asap.
Just dont want to mess the agents and companies around, but its a real dilemma.
Why do NZIS advertise on their site that you only need to meet ONE of FIVE conditions to qualify for NZ IRRV, one is owning a house which we have done for the last 4.5 years! We also are GST regsistered and self employed, its a business we can run from anywhere so will keep it going still whilst in OZ.
So, whatta we do??

Ian & Sharon

Book your flights
Get a rental house and invite me round for tea

Rascal

Ha ha, if life was so simple!
You never know though, it may be that we are out there before ya!
If so, you will be more than welcome to enjoy a 'proper' home made curry!
Thai or Indian, you choose.

JAJ

What exact visa do the company in Australia want to sponsor you for? Permanent or temporary? And if permanent, what's the visa type?

Do you qualify for an IRRV or not? If you qualify, why not apply now?

There is always a chance that the IRRV could be closed to new applicants, next time the NZ government reviews the migration laws.

Rascal

We dont know full details of what the companie(s) are offering as yet. We want to go for Permanent Residency, preferably Independant, but it may be we need a job offer to get the required points.
We do not yet qualify for IRRV in NZ. You must have had a 2 year RRV first, we do, it expires on 6th May 2007. We cannot apply BEFORE that date for our IRRV even though we have lived in NZ since 2002. Pity, but thats red tape for you.
The OZ agent will be ringing us in a hour or so, so we will have more info, but then again Mr R will be taking the call and he gets really confused about all these different types of visa's, so we may end up in another country altogether if I dont watch him!

Rascal

Also the daft thing is JAJ, is that we qualify under the old rules to go for NZ citizenship. We could have started that process last July. But the processing times are as long as 12 months!
So we decided NOt to go for NZ citizenship, but to apply for OZ PR instead.
Mr R has relatives in OZ, Adelaide and Melbourne, but any thoughts of them sponsoring us is a no go. They are so old and doddery they would not have a clue what we would be asking them to do!
So...I think we will employ a Immigration Consultant and let them do all the hard work.

JAJ

Just be careful. If you go to Australia on a temporary visa and it doesn't work out, then if you don't have an IRRV you may not be able to get back to New Zealand.

This has happened to others before, who have had to go home.

And even with a permanent visa, if that visa is RSMS, you need to make yourself familiar with the cancellation provisions if you leave your job in the first two years.

Employer nominated migration visas (ENS/RSMS) are not points tested. No points in the general skilled visas for a job offer unless you are on MODL.

That doesn't "sound right". Don't you get a 2 year RRV when you migrate the first time. Or did you arrive in NZ as temporary residents?



One further point. Even if you get an IRRV, bear in mind that should you return to New Zealand later on, if you cannot apply for citizenship before 21 April 2010 then you will have to wait the full five years.

Bottom line is that you should probably forget any idea of leaving NZ for temporary status in Australia (even if they "promise" to sponsor for PR later on). If they offer a permanent visa, then look further into the details.

And if no realistic job offer materialises now, then forget Australia for the time being and apply for your New Zealand citizenship. Bear in mind that citizenship applicants are expected to plan stay resident in NZ. You can change your mind after becoming citizens, but not before.

JAJ

If you say you had arrived in 2002, presumably you mean July 2005. You would be New Zealand citizens by now had you not allowed yourselves to become distracted.

Rascal

Yes thats right, we arrived July 2002. We got PR stamped May 2005 then was told we could apply for citizenship in July 2005.
By then we had been drained of income! To the tune of around $300k!
So as we were quoted $3000 by the lawyer to get our citizenship, we decided to wait.
We were both mentally, financially and emotionally drained!
It had been a long hard road getting our PR, due to my kids being from a previous marriage and NZIS not fully (or even at all) understanding the Uk Childrens Act 1989. Eventually, it was sorted and NZIS finally included an extra clause re: Childrens Act. That was after I had contacted the Beehive and wrote a 6 page letter to the Immigration Minister.
So it wasn't a case of being distracted, just weary from it all.
We will however not leave for OZ until we are 100% sure this time!

JAJ

Why on earth did you think you needed a lawyer for citizenship? If you have PR and meet the residence or other requirements, citizenship is normally a very straightforward process.

I can't imagine many people (other than the most complex cases) using a lawyer for that!

Rascal

Because our case was extremely complicated in the eyes of NZ Immigration!
Our lawyer was charging a fairly small amount for the application, the remaining costs were for the fees for 5 people.
Due to the hassle and grief that was caused getting PR, we though the small amount the lawyer was charging was worth it and it would take any hassle off our shoulders.