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PRV for partner of more than five years overseas

PRV for partner of more than five years overseas

Old Jun 2nd 2015, 12:41 am
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Default PRV for partner of more than five years overseas

Hi. It's not listed under the criteria on the website, but I just wanted to confirm that if you have been married to a Kiwi citizen for more than 5 years, and that citizen has been out of NZ for more than 5 years, then you automtaically get a permanent resident visa on qualifying for a resident visa. Does this have to be highlighted when applying or do the immigration folk pick up on this.
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Old Jun 2nd 2015, 3:25 am
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Default Re: PRV for partner of more than five years overseas

I think you will get the RV then the PRV after you have been here 2 years as sure some I know, with Kiwi partners, have had to and one even came foul of not applying and then leaving the country on holiday but all sorted out fairly quickly. tried having a quick look on the Immigration site but nothing really very clear.
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Old Jun 2nd 2015, 4:16 am
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Default Re: PRV for partner of more than five years overseas

Yeah, I think that was me.

I assumed that my PR was validated on arrival at my NZ point of entry when we first turned up in Feb 2011. It turns out that it started the day it was granted in May 2010, or something like that.

I was surprised that when we returned to NZ from an overseas holiday in September 2012 passport control took my passport. As it turned out my PR had expired or was near expiry.

However, I had been in NZ long enough for it not to matter. I got a four week extension to tide me over from Immigration at the airport and then, after a form filling exercise at a local office, got it officially renewed. Or something like that. Sorry to be vague, but I don't fully understand it myself.

I got my visa under the 2009 Immigration Act or whatever it was. The border control person at the airport made oblique reference to the wording of the act not being very clear.

I can't remember the Immigration Act that is in force presently.

I went ahead and applied for my indefinite PR with no travel restrictions after the two years and got it. Next year I can apply for NZ citizenship.

Last edited by Snap Shot; Jun 2nd 2015 at 4:23 am. Reason: However
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Old Jun 2nd 2015, 5:44 am
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Default Re: PRV for partner of more than five years overseas

ok well thats at least 3 I know with kiwi partners, so seems you get RV then 2 years later apply for PRV.

Originally Posted by Snap Shot View Post
Yeah, I think that was me.

I assumed that my PR was validated on arrival at my NZ point of entry when we first turned up in Feb 2011. It turns out that it started the day it was granted in May 2010, or something like that.

I was surprised that when we returned to NZ from an overseas holiday in September 2012 passport control took my passport. As it turned out my PR had expired or was near expiry.

However, I had been in NZ long enough for it not to matter. I got a four week extension to tide me over from Immigration at the airport and then, after a form filling exercise at a local office, got it officially renewed. Or something like that. Sorry to be vague, but I don't fully understand it myself.

I got my visa under the 2009 Immigration Act or whatever it was. The border control person at the airport made oblique reference to the wording of the act not being very clear.

I can't remember the Immigration Act that is in force presently.

I went ahead and applied for my indefinite PR with no travel restrictions after the two years and got it. Next year I can apply for NZ citizenship.
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Old Jun 2nd 2015, 10:20 am
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Default Re: PRV for partner of more than five years overseas

Thanks for the replies. I was referring specifically to the wording in the link below, although at the top of the link it does say it is not current guidance. You are right that it is confusing, I guess I will find out when I get my visa back and it either says resident or permanent resident without travel restrictions.

F2.5 How do partners of New Zealand citizens and residents qualify for a residence class visa? (07/11/2011)

"Eligibility for a permanent resident visa for partners of New Zealand citizens living overseas
A principal applicant may be granted a permanent resident visa (RA1.5) if:
they meet all the other criteria for a residence class visa under the Partnership Category; and
they have a New Zealand citizen partner who has been residing outside New Zealand for a period of at least five years at the time the application is made; and
the couple have been living together in a genuine and stable relationship for at least five years at the time the application is made."
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Old Jun 3rd 2015, 12:12 am
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Default Re: PRV for partner of more than five years overseas

It is under current guidance:
F2.5.1 Eligibility for a permanent resident visa for partners of New Zealand citizens living overseas
a. A principal applicant may be granted a permanent resident visa (RA1.5) if:
i. they meet all the other criteria for a residence class visa under the Partnership Category; and
ii. they have a New Zealand citizen partner who has been residing outside New Zealand for a period of at least five years at the time the application is made; and
iii. the couple have been living together in a genuine and stable relationship for at least five years at the time the application is made.

b. To meet the requirements of a(ii) above, the New Zealand citizen partner must either be
i. outside New Zealand at the time the application is made; or
ii. have been in New Zealand for less than three months after residing outside New Zealand for at least five years at the time the application is made.

c. For the purposes of these instructions, residing outside New Zealand means spending less than 3 months in New Zealand in each of the five 12 month periods immediately preceding either:
i. the date the application is made (if the application was made outside New Zealand); or
ii. the date the New Zealand citizen partner arrived in New Zealand (if the application was made in New Zealand.
d. Any secondary applicants included in an application where the principal applicant is eligible for a permanent resident visa under these instructions may also be granted a permanent resident visa (RA1.5).
e. Any applicants who do not meet the criteria set out in this section but who meet all other requirements of the Partnership Category should be granted a resident visa (RA1.1).
So if you have been living together [not necessarily married] for at least 5 years then you should be issued a PRV right from the start. By the way just proving you were married is not proof, you have to prove day to day living together.
It's unclear whether you get issued a PRV automatically as opposed to having to request it. If the living outside NZ for 5 years isn't on the application form then I would mention it in a covering letter and make sure you include documents proving where you lived for 5 years. These should be similar to those proving you've lived together for 5 years obviously

Last edited by Persephone; Jun 3rd 2015 at 12:14 am.
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Old Jun 3rd 2015, 1:21 am
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Default Re: PRV for partner of more than five years overseas

cheers, thought as much. I think I will chase them up at some point. We have included lots of evidence that we have been together for 5 years and living ouside of NZ, in the UK and here in Canada, so hopefully that will suffice.
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