Permanent Residence Visa Requirements

Old May 18th 2014, 1:53 pm
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Question Permanent Residence Visa Requirements

Hi There,

I was looking at the requirements of the NZ Permenant Residence, as my Partner and I have recently got the Approval in Principle for the NZ Resident Visa. I started looking at the next step ahead after activating our Residence Visa which could be year and few months from now, but I thought of posting this thread on here in order get more clarification particularly on the PR requirements.

I saw the the informative "read me" Thread posted by Persephone on this forum, where the requirements of PR are five, and any Resident Visa holder should meet one of those five to be eligible of he PR.

One of the requiremnts that I saw listed on the Immiration Websiate is "You have tax residence status", and as per my understanding the one should have been in NZ for 41 days or more in each of the propotions of 12 months immediately preceding the PR application, and you are assessed by IR as holding a tax residence status.

Can any one just clarify this? Does that mean I can just stay in NZ on the Resdient Visa a total of 82 days or more , and just show the NZ Immigration an evidence from IR (Inland Revenue) confirming that i hold a tax residence , so we can be eligible for NZ PR?

Is that enough as an option apart from other requirements to be eligible for PR application?

Your comments and thoughts are higly appreciated
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Old May 18th 2014, 8:36 pm
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Default Re: Permanent Residence Visa Requirements

from my understanding you have to enter NZ within 12mths of the visa being in your passport.
to gain PRV (pr without travel restrictions) you need to of been in the country as a resident for a total of 184 days or more in each of the two 12-month portions of the 24 months immediately preceding your permanent resident visa application.

Please see the entire requirements

http://www.immigration.govt.nz/migra...quirements.htm
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Old May 19th 2014, 5:37 am
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Default Re: Permanent Residence Visa Requirements

Originally Posted by MrsFychan View Post
from my understanding you have to enter NZ within 12mths of the visa being in your passport.
to gain PRV (pr without travel restrictions) you need to of been in the country as a resident for a total of 184 days or more in each of the two 12-month portions of the 24 months immediately preceding your permanent resident visa application.

Please see the entire requirements

http://www.immigration.govt.nz/migra...quirements.htm
Hi MrsFychan,

Thank you well I have looked at the website earlier, and it seems that Resident Visa holder should meet any one of the five requirements listed:
1. You have spent enough time in New Zealand
2. You have tax residence status
3. Investment in New Zealand
4. Business in New Zealand
5. Established base in New Zealand

The one which you mentined applies for the first requirement, but I was wondering if the visa holder has managed to meet second requirement only , would he/she be eligible for PRV.

The second requirement states that one should have been in NZ for 41 days or more in each of the two years subject to being assessed by Inland Revenue (IR) as holding tax residence status.

Has any one here just applied for PRV after meeting this requiremnt only? and if yes, what is the procedure and the cost?

Thanks

Sam
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Old May 19th 2014, 6:18 am
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Default Re: Permanent Residence Visa Requirements

I am not sure why you are asking this .

Being in NZ for 41 days in each of 2 years following activation of a residency visa does not necessarily make someone an NZ tax resident.

This type of criteria is really for those that work offshore but are really ordinarily resident in NZ. In other words , they do live here but often travel for work or are away for long periods because of work. So, you would still need to show that you actually live here permanently.

Originally Posted by NZ IRD
For tax purposes you are a non-resident if you are away from New Zealand for more than 325 days in any 12-month period, and do not have an enduring relationship with New Zealand.
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Old May 19th 2014, 6:31 am
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Default Re: Permanent Residence Visa Requirements

Originally Posted by BEVS View Post
I am not sure why you are asking this .

Being in NZ for 41 days in each of 2 years following activation of a residency visa does not necessarily make someone an NZ tax resident.

This type of criteria is really for those that work offshore but are really ordinarily resident in NZ. In other words , they do live here but often travel for work or are away for long periods because of work. So, you would still need to show that you actually live here permanently.
Thank you BEVS

I was just trying to understand the other requirements and other options available for PRV eligibility,as I need to make my plan a head following the activation of my RV.

I belive it's pretty clear now that such requirement applies only for offshore workers not ordinary residents
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Old May 19th 2014, 6:40 am
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Default Re: Permanent Residence Visa Requirements

An offshore worker can be an ordinary resident if they live here. Doesn't matter if they are away most of the year for whatever reason. If their family and they live here , then they do.

If they really live & work somewhere else , then they are not NZ resident .
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Old May 19th 2014, 6:47 am
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Default Re: Permanent Residence Visa Requirements

Originally Posted by BEVS View Post
An offshore worker can be an ordinary resident if they live here. Doesn't matter if they are away most of the year for whatever reason. If their family and they live here , then they do.

If they really live & work somewhere else , then they are not NZ resident .
Now I fully understand this. Thank you BEVS
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Old Dec 9th 2014, 5:56 pm
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Default Re: Permanent Residence Visa Requirements

Originally Posted by BEVS View Post
An offshore worker can be an ordinary resident if they live here. Doesn't matter if they are away most of the year for whatever reason. If their family and they live here , then they do.

If they really live & work somewhere else , then they are not NZ resident .
Hi there
I agree with BEVS but I don't see the family condition mentioned as a requisite for the 2nd PRV condition

I understood that you should be working overseas and pay for taxes for NZ as "resident earning money overseas" to be eligible for this condition..

To be eligible for that :
1- country you are working in does not have a DTA (Double Tax Agreement) with NZ
2- you should not stay outside NZ for more than 320 days which leaves only 45 days inside nz which matches the criteria of the second PRV condition as well

Not sure about the dependants PRV

However someone told me that my understanding is not corrwct

Please correct me if I am wrong

Thanks
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Old Dec 10th 2014, 8:59 am
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Default Re: Permanent Residence Visa Requirements

Sam_79 - I am in a similar predicament. We got skilled migrant residency visas in Feb 2013, came to NZ in Dec 2013, I am the principle applicant and only stayed 2 weeks. The dependents stayed for six months and then returned to the UK. Now we are all outside NZ. My understanding is that if I did not go back to NZ before Dec 2015 when two years will be up, then our residency visas will lapse. So I was interested in obtaining PRV as it does not have time limits/travel conditions etc. and the kids might decide to come back at a later date and benefit from life in NZ later on which is only possible if they either have PRV or NZ citizenship. I am wondering if anyone can advise that if I were to return to NZ alone being the principle applicant in Dec 2015 and stay the stipulated 184 days (6 mths) and then leave NZ for six months and then again come back for another 184 days for year 2 to meet the first condition (out of 5 conditions) for PRV. Is this permissable? Once the travel conditions expire and I am inside NZ what further period of extension will NZIS give me so I can leave for 6 months and then return again to live in NZ for the next 184 days? Thanks.
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