Residence Visa Conditions:
Sep 12th 2011, 5:14 pm
#1
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Joined: Nov 2007
Location: Christchurch
Posts: 38
Residence Visa Conditions:
Our Son sponsored my wife and I. We got our Residence Visa's 2 weeks ago after 18 months wait. Much has happened since we applied. I am 62 years and very fit. We are both going to NZ for 24 days in Feb. 2012. so my visa will be activated. My question is if i do not fulfill conditions during the 2 years to get PRV and if i happen to be in NZ a month before the end of the 2 years . would i be issued with a further Residence Visa with new conditions. It would be a great help if someone could answer this one.
Sep 13th 2011, 10:05 am
#2
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Joined: Jan 2008
Location: Pakaraka
Posts: 3,264
Re: Residence Visa Conditions:
Our Son sponsored my wife and I. We got our Residence Visa's 2 weeks ago after 18 months wait. Much has happened since we applied. I am 62 years and very fit. We are both going to NZ for 24 days in Feb. 2012. so my visa will be activated. My question is if i do not fulfill conditions during the 2 years to get PRV and if i happen to be in NZ a month before the end of the 2 years . would i be issued with a further Residence Visa with new conditions. It would be a great help if someone could answer this one.
Sep 13th 2011, 11:44 am
#3
Queen of the Underworld
Joined: Dec 2007
Location: In NZ!
Posts: 4,785
Re: Residence Visa Conditions:
I had a look at the operations manual and it looks like it depends on how long you have spent in NZ as to whether you get a RV with 1 year Travel Conditions [need to get a good acronym for this!] or a 14 day one:
http://www.immigration.govt.nz/NR/rd...ceJuly2011.pdf
Bear this in mind as well:
So if you are in NZ before your 2y travel conditions expire, your RV would not expire. As long as you had no reason to leave NZ then it looks like you would be ok as you could wait until you'd spent enough time here to get a further visa with travel conditions. Risky as you never know when you may want to travel abroad.
Have a read through the link above which is to the operations manual on the NZIS website.
http://www.immigration.govt.nz/NR/rd...ceJuly2011.pdf
RV3.5 12-month variation of travel conditions
Principal applicants may be granted with travel conditions current for 12 months if:
a. they meet the requirements set out in either RV3.5.1 or RV3.5.5 below; and
b. their first day in New Zealand as a resident (see R5.66.5(b)) was at least 12 months before the current application for a variation of travel conditions was made; and
c. they continue to meet any conditions previously imposed under section 49(1) or section 50 of the Immigration Act 2009;
unless RV3.1(d) applies.
RV3.5.1 Time spent in New ZealandTo meet the requirements regarding time spent in New Zealand, the principal applicant must
have been in New Zealand as a resident for a total of 184 days or more in at least one of the two 12-month portions in the 24 months immediately preceding the date the application for a variation of travel conditions was made (ie, in at least one of the two 12-month portions, a
period or periods that amount to 184 days or more).
RV3.5.5 Tax residence status and limited time spent in New ZealandTo meet the requirements regarding tax residence status and limited time spent in New Zealand, the principal applicant must:
a. have been in New Zealand as a resident for a total of 41 days or more in at least one of the two 12-month portions of the 24 months immediately preceding the date the application for a variation of travel conditions was made (ie, in at least one of the two 12-month portions, a period or periods that amount to 41 days or more); and
b. be assessed as having tax residence status for 12 months in the 2 years before their application.
Effective 29/11/2010
RV3.10 14-day variation of travel conditionsa. Applicants must be granted a variation of travel conditions current for 14 days if they are
in New Zealand as a resident and they:
i do not meet the requirements for a permanent resident visa; and
ii do not meet the requirements for a variation of travel conditions for a longer duration.
Principal applicants may be granted with travel conditions current for 12 months if:
a. they meet the requirements set out in either RV3.5.1 or RV3.5.5 below; and
b. their first day in New Zealand as a resident (see R5.66.5(b)) was at least 12 months before the current application for a variation of travel conditions was made; and
c. they continue to meet any conditions previously imposed under section 49(1) or section 50 of the Immigration Act 2009;
unless RV3.1(d) applies.
RV3.5.1 Time spent in New ZealandTo meet the requirements regarding time spent in New Zealand, the principal applicant must
have been in New Zealand as a resident for a total of 184 days or more in at least one of the two 12-month portions in the 24 months immediately preceding the date the application for a variation of travel conditions was made (ie, in at least one of the two 12-month portions, a
period or periods that amount to 184 days or more).
RV3.5.5 Tax residence status and limited time spent in New ZealandTo meet the requirements regarding tax residence status and limited time spent in New Zealand, the principal applicant must:
a. have been in New Zealand as a resident for a total of 41 days or more in at least one of the two 12-month portions of the 24 months immediately preceding the date the application for a variation of travel conditions was made (ie, in at least one of the two 12-month portions, a period or periods that amount to 41 days or more); and
b. be assessed as having tax residence status for 12 months in the 2 years before their application.
Effective 29/11/2010
RV3.10 14-day variation of travel conditionsa. Applicants must be granted a variation of travel conditions current for 14 days if they are
in New Zealand as a resident and they:
i do not meet the requirements for a permanent resident visa; and
ii do not meet the requirements for a variation of travel conditions for a longer duration.
A resident visa expires if:
i the holder leaves New Zealand and the visa has no valid travel conditions; or
ii the travel conditions expire while the visa holder is outside New Zealand.
i the holder leaves New Zealand and the visa has no valid travel conditions; or
ii the travel conditions expire while the visa holder is outside New Zealand.
Have a read through the link above which is to the operations manual on the NZIS website.
Sep 13th 2011, 2:35 pm
#4
Forum Regular
Joined: Aug 2011
Location: Auckland
Posts: 67
Re: Residence Visa Conditions:
Our Son sponsored my wife and I. We got our Residence Visa's 2 weeks ago after 18 months wait. Much has happened since we applied. I am 62 years and very fit. We are both going to NZ for 24 days in Feb. 2012. so my visa will be activated. My question is if i do not fulfill conditions during the 2 years to get PRV and if i happen to be in NZ a month before the end of the 2 years . would i be issued with a further Residence Visa with new conditions. It would be a great help if someone could answer this one.
Sep 13th 2011, 5:13 pm
#5
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Thread Starter
Joined: Nov 2007
Location: Christchurch
Posts: 38
Re: Residence Visa Conditions:
Answer for Wendy_Woo Once you get approved, you have 6 months to get sticker on passport. From the date the sticker goes on you have 12 months to enter NZ to activate your Visa. I had to wait 16 months to get approved. So in other words you can stretch it 18 months. Hope this helps
Sep 13th 2011, 5:18 pm
#6
Forum Regular
Thread Starter
Joined: Nov 2007
Location: Christchurch
Posts: 38
Re: Residence Visa Conditions:
I had a look at the operations manual and it looks like it depends on how long you have spent in NZ as to whether you get a RV with 1 year Travel Conditions [need to get a good acronym for this!] or a 14 day one:
http://www.immigration.govt.nz/NR/rd...ceJuly2011.pdf
Bear this in mind as well:
So if you are in NZ before your 2y travel conditions expire, your RV would not expire. As long as you had no reason to leave NZ then it looks like you would be ok as you could wait until you'd spent enough time here to get a further visa with travel conditions. Risky as you never know when you may want to travel abroad.
Have a read through the link above which is to the operations manual on the NZIS website.
http://www.immigration.govt.nz/NR/rd...ceJuly2011.pdf
Bear this in mind as well:
So if you are in NZ before your 2y travel conditions expire, your RV would not expire. As long as you had no reason to leave NZ then it looks like you would be ok as you could wait until you'd spent enough time here to get a further visa with travel conditions. Risky as you never know when you may want to travel abroad.
Have a read through the link above which is to the operations manual on the NZIS website.
So to get permanent residency, do i only have to do 184 in one of the 2 years with residency visa, or 184 days in each of the 2 years/.
Sep 13th 2011, 9:12 pm
#7
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Joined: Jun 2010
Location: Auckland NZ
Posts: 146
Re: Residence Visa Conditions:
The answer to your question is 184 days in each of the two years. Only know this because my residence visa has the same travel conditions. Hope this helps. Congratulations by the way.
Sep 14th 2011, 3:46 am
#8
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Thread Starter
Joined: Nov 2007
Location: Christchurch
Posts: 38
Re: Residence Visa Conditions:
If i am reading the manual right, it seems that to get an RV with one year travel conditions. We must have spent 184 days at least in one of the 2 years. What does the one year travel conditions mean, does it mean we can not leave NZ for one year /\
Sep 15th 2011, 8:48 am
#9
Queen of the Underworld
Joined: Dec 2007
Location: In NZ!
Posts: 4,785
Re: Residence Visa Conditions:
The travel conditions allow you to return to NZ as a resident. If your conditions are still valid then you can come and go from NZ as often as you wish. If they have expired then you need to get a new visa with travel conditions if you wish to go overseas and return to NZ [as a resident]. However if your travel conditions have expired and you do not leave NZ then your resident visa does not expire unless you actually leave. The 1y conditions do the same as the 2y conditions you already have except for duration!
You are reading the manual correctly, over 184d in one of the two years preceding your application to gain a 1y visa. If you spend over 184d in both of the two preceding years then you would get a permanent resident visa which allows you to come and go as you like indefinitely.
It was easier to follow when we had the Returning Residents Visas as it actually separated the two aspects of residency.
You are reading the manual correctly, over 184d in one of the two years preceding your application to gain a 1y visa. If you spend over 184d in both of the two preceding years then you would get a permanent resident visa which allows you to come and go as you like indefinitely.
It was easier to follow when we had the Returning Residents Visas as it actually separated the two aspects of residency.
Sep 15th 2011, 5:06 pm
#10
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Thread Starter
Joined: Nov 2007
Location: Christchurch
Posts: 38
Re: Residence Visa Conditions:
The travel conditions allow you to return to NZ as a resident. If your conditions are still valid then you can come and go from NZ as often as you wish. If they have expired then you need to get a new visa with travel conditions if you wish to go overseas and return to NZ [as a resident]. However if your travel conditions have expired and you do not leave NZ then your resident visa does not expire unless you actually leave. The 1y conditions do the same as the 2y conditions you already have except for duration!
You are reading the manual correctly, over 184d in one of the two years preceding your application to gain a 1y visa. If you spend over 184d in both of the two preceding years then you would get a permanent resident visa which allows you to come and go as you like indefinitely.
It was easier to follow when we had the Returning Residents Visas as it actually separated the two aspects of residency.
You are reading the manual correctly, over 184d in one of the two years preceding your application to gain a 1y visa. If you spend over 184d in both of the two preceding years then you would get a permanent resident visa which allows you to come and go as you like indefinitely.
It was easier to follow when we had the Returning Residents Visas as it actually separated the two aspects of residency.
Sep 16th 2011, 10:37 am
#11
Queen of the Underworld
Joined: Dec 2007
Location: In NZ!
Posts: 4,785
Re: Residence Visa Conditions:
The aim is for the PRV as then you can spend as much time in or out of NZ as you like and still return and take up residency [unless the rules change
]Remember your travel conditions can expire if you're in NZ and it only becomes a problem if you want to leave and return. Your resident visa is still active. In fact you have to let the travel conditions expire to be eligible to apply for a PRV in most cases [most people come over, activate their visa and at that point immigrate fully. You can only apply for a PRV once you have been in NZ for over 24months, your 2y RV only lasts for 24m]. I may have just complicated things with that statement
