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Must the family come with principle applicant?

Must the family come with principle applicant?

Old Jul 26th 2013, 5:20 am
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Default Must the family come with principle applicant?

Hello Folks,

A technical question please as I asked NZIS twice in different places and got two different replies. If we have Residency Visas, is it acceptable that just the principle applicant comes to NZ and completes the condition of 184 days in each of the 2 years to obtain PRV and then his dependants will also qualify for PRV or MUST the dependants come at least once to activate their residency visas? It seems the dependants DO NOT have to complete the 184 days condition - only the principle applicant has to do this but I was wondering will they be refused PRV later because they never entered NZ after obtaining residency??? Appreciate any input from our usual experienced panel! Regards.
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Old Jul 26th 2013, 4:53 pm
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Default Re: Must the family come with principle applicant?

Hello
You're correct in that the non principal candidates do not have to complete the time requirements that the principal candidate has to in order to gain a PRV. However they do have to have spent some time as a resident so yes, they do have to enter NZ on that resident visa. There does not appear to be any timescale of how long they have to stay though.
From the Operation Manual
b. A person’s first day in New Zealand as a resident is either:
i the day their resident visa is granted in New Zealand; or
ii the day they are first granted entry permission on the basis of their resident visa, if they were outside of New Zealand when their resident visa was granted.
RV1.20 Determining the eligibility of non-principal applicants
See previous instructions: RV1.20 Effective 07/11/2011 RV1.20 Effective 29/11/2010 RV1.20 Effective 15/12/2010


b. The only requirement for the grant of a permanent resident visa to a non-principal applicant is that the principal applicant must hold a permanent resident visa, unless:
i the non-principal applicant is excluded by the provisions of RV2.1; or
ii the provisions requiring a secondary applicant to be assessed independently of the principal applicant apply (RV1.20.1 to RV1.20.20); or
iii the non-principal applicant has never been in New Zealand as a resident (as required by RV1.5(d)).
The exclusions are based on those liable for deportation, victims of domestic abuse and cases where the principal candidate has died or they've been divorced etc etc

P
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Old Jul 26th 2013, 5:47 pm
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Default Re: Must the family come with principle applicant?

Thanks Persephone, so it means the dependants can come for 1 -2 weeks have a holiday and return and will not have to do any more time in NZ as long as the principle applicant has completed the time - they will ALL qualify for PRV after 2 years....this is good news, thanks
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Old Jul 26th 2013, 5:51 pm
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Default Re: Must the family come with principle applicant?

Yep, that's what it reads like. I haven't found anything that says otherwise
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Old Jul 26th 2013, 10:01 pm
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Default Re: Must the family come with principle applicant?

Just a quick question on the back of this Persephone, if my husband came over in july 2012 and we came in November 2012 we can all apply for residency next JULY 2014? don't have to wait until November for the two years as we have been living here/
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Old Jul 26th 2013, 11:22 pm
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Default Re: Must the family come with principle applicant?

I would say from what Persephone has said its the main applicants arrival date that starts the clock for the 2 years as long as the other applicants have spent time here.
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Old Jul 27th 2013, 3:24 am
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Default Re: Must the family come with principle applicant?

Great, three months nearer to getting PRV than we thought - thanks !!!
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Old Jul 27th 2013, 4:46 am
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Default Re: Must the family come with principle applicant?

Thanks Persephone, it seems the other family members will come a 2 week holiday then and get their residency activated and shall return to live in the UK where we are buying a house right now. I will do the 2 stints of 184 days each as it would be easy for me as a single person in shared accommodation to last 1 year and the kids can get into schools and settle into UK life along with the spouse. Then when we all have PRV later on it can be decided in latter years to use it to live in NZ if they so wish. Plus if I came alone for the longer stint I have a friend in Chch who has offered me accommodation so it will make life easier but with a family and the way accommodation is hard to locate these days its better the rest just came over for a 10 day holiday and enjoyed themselves. Thanks once again.
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Old Jul 27th 2013, 9:38 pm
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Default Re: Must the family come with principle applicant?

Originally Posted by ellenarosemary View Post
Just a quick question on the back of this Persephone, if my husband came over in july 2012 and we came in November 2012 we can all apply for residency next JULY 2014? don't have to wait until November for the two years as we have been living here/
I thought you already had residency I thought you came over as skilled migrants.
If you did use the SMC then you are already permanent residents, you just don't have a permanent resident visa until you can apply in July 2014. The difference between a resident visa and a PRV is to do with the travel conditions. Sometimes I think the old Returning Resident's Visa terminology made more sense Same system just different terminology!

From what you've written it sounds like you're on a WTR visa. If so, then yes, you all apply for residency after your husband has worked for two years. You go on the back of your husbands application - via Residence from Work in July 2014
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Old Jul 28th 2013, 3:51 am
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Default Re: Must the family come with principle applicant?

I'm so confused. We have PR coming over on the skilled migrant visa. MrF got temp visa 5mths before we got the PR. Initially they put one visa in then called them back and said it was the wring visa as hubby had already done more than his 3mths so they put another visa stamp in. From others that have come before us I found out that we need to get another visa at 2ys. In simple terms anyone one know what's going on . or do I really have to dig out all that paper work

** just checked the visa in the passport, and it still expires 2 yrs from entry, just had the S49 conditions removed (whatever they were), so will have to still get a new visa **

Last edited by MrsFychan; Jul 28th 2013 at 3:58 am.
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Old Jul 28th 2013, 6:58 am
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Default Re: Must the family come with principle applicant?

Yes Persephone, you are right we have residency already but have not entered NZ yet. We have until Jan 2014 deadline to come over. It seems its going to be hard for the family to be in NZ long term but NZIS tell us they have to enter NZ at least once. So the plan is for all to come for 2 weeks then the family leave for the UK and I alone do the necessary 184 days in each of the two years as then all will get PRV if the principle applicant meets the 184 days criteria. At least that's the plan thus far .....
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Old Jul 28th 2013, 7:56 am
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Default Re: Must the family come with principle applicant?

I thought you already had residency I thought you came over as skilled migrants.
If you did use the SMC then you are already permanent residents, you just don't have a permanent resident visa until you can apply in July 2014. The difference between a resident visa and a PRV is to do with the travel conditions. Sometimes I think the old Returning Resident's Visa terminology made more sense Same system just different terminology!

From what you've written it sounds like you're on a WTR visa. If so, then yes, you all apply for residency after your husband has worked for two years. You go on the back of your husbands application - via Residence from Work in July 2014
P
Yes we already have residency not WTR visa, I thought by reading your response that the time is based on husband and not me and the children, so as he came in on his residency visa in July 2012 we can apply to have the travel restrictions taken off in July 2014 eventhough we came in November 2012 - so 3 months earlier than I thought - correct?
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Old Jul 28th 2013, 9:06 pm
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Default Re: Must the family come with principle applicant?

Mrs F/Ellenarosemary: if you apply at the incorrect time, don't worry. I applied to have my travel restrictions taken off too early due to being told incorrect information at Heathrow after a holiday in the UK. NZIS in Wellington just phoned me, refunded the money straight away and told me when I should apply.
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Old Jul 29th 2013, 4:12 pm
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Default Re: Must the family come with principle applicant?

Originally Posted by MrsFychan View Post
I'm so confused. We have PR coming over on the skilled migrant visa. MrF got temp visa 5mths before we got the PR. Initially they put one visa in then called them back and said it was the wring visa as hubby had already done more than his 3mths so they put another visa stamp in. From others that have come before us I found out that we need to get another visa at 2ys. In simple terms anyone one know what's going on . or do I really have to dig out all that paper work

** just checked the visa in the passport, and it still expires 2 yrs from entry, just had the S49 conditions removed (whatever they were), so will have to still get a new visa **
The S49 conditions usually relate to those who gain residency with points gained for a job offer. You have to work in that job for 3m before you can remove those conditions. It's to stop people claiming points for jobs that don't exist in order to get residency.

It used to be that the resident visa/permit and the travel conditions part were separate blue stickers which made it easier to grasp the two parts to the current single visa And it is probably best to think of it as two parts rather than one visa.

The travel conditions on your visas will expire in two years but your residency will not. As long as you never leave NZ, you don't need to do anything-obviously this is not feasible! To be able to leave and re enter NZ as a resident you need valid travel conditions.

So: the next visa you apply for is only to make sure you have valid travel conditions:
This means either a Permanent Resident Visa or a further 'Resident Visa with Travel Conditions.

If you have spent at least 184 days in each of the two years in which your travel conditions are valid you will be able to apply for a Permanent Resident Visa. This means you can leave and enter NZ as a resident indefinitely, as the rules stand you could leave for 10, 20, 30 years and still return and take up residency. This is the visa you're talking about! The travel conditions don't have an expiry date.
There are other ways you can acquire a PRV but time spent in NZ is the usual way.

Application is simple: Two photos, fill in a short form and give them some more cash I can't check the cost for you at the moment as the website is down but it cost me $160 2 years ago [That cost is per family if you all apply together, not per person if I remember rightly]. You don't go through the whole ITA process again and NZIS know whether you've spent the right amount of time in NZ-it's all on their Big Brother computers so you don't need to find proof of that!


You also have to let your travel conditions expire before you can apply for a PRV as you must have spent two years as a resident and your travel conditions 'start' from the first day you're a resident! Not a biggie, if you need one in a hurry just go into a branch and you'll walk out with the new visas in place!

I started off trying to keep this concise and it hasn't worked Hope it makes sense Let me know if you want it clarifying, sometimes I get carried away...

Last edited by Persephone; Jul 29th 2013 at 4:38 pm. Reason: trying to make it make more sense :(
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Old Jul 29th 2013, 4:14 pm
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Default Re: Must the family come with principle applicant?

Originally Posted by ellenarosemary View Post
Yes we already have residency not WTR visa, I thought by reading your response that the time is based on husband and not me and the children, so as he came in on his residency visa in July 2012 we can apply to have the travel restrictions taken off in July 2014 eventhough we came in November 2012 - so 3 months earlier than I thought - correct?
All goes on the principal candidate so July it is!
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