Residence Visa Conditions:

Old Sep 12th 2011, 5:14 pm
  #1  
Forum Regular
Thread Starter
 
Tribesman's Avatar
 
Joined: Nov 2007
Location: Christchurch
Posts: 38
Tribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really nice
Default 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.
Tribesman is offline  
Old Sep 13th 2011, 10:05 am
  #2  
BE Forum Addict
 
j19fmm's Avatar
 
Joined: Jan 2008
Location: Pakaraka
Posts: 3,264
j19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond repute
Default Re: Residence Visa Conditions:

Originally Posted by Tribesman View Post
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.
Sorry don't know the answer, just wanted to say congratulations and bump your thread up
j19fmm is offline  
Old Sep 13th 2011, 11:44 am
  #3  
Queen of the Underworld
 
Persephone's Avatar
 
Joined: Dec 2007
Location: In NZ!
Posts: 4,785
Persephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond repute
Default 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

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.
Bear this in mind as well:
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.
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.
Persephone is offline  
Old Sep 13th 2011, 2:35 pm
  #4  
Forum Regular
 
Joined: Aug 2011
Location: Auckland
Posts: 67
wendy_woo is just really nicewendy_woo is just really nicewendy_woo is just really nicewendy_woo is just really nicewendy_woo is just really nicewendy_woo is just really nicewendy_woo is just really nicewendy_woo is just really nice
Default Re: Residence Visa Conditions:

Originally Posted by Tribesman View Post
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.
Congratulations, how exciting! I am so jealous! we are lodging our Parent Catergory application sponsored by our daughter next week, 18 months sounds great going to me! Can you help me as I really cannot find the answers even in the manual, I understand once you get your visa it will activate when you get to NZ, so how long have you got before you have to go to NZ to activate the visa, when would it run out if you did not go? We need this info to work out how long we would have to sell our house once we knew we had the ok to go? I don't quite understand your question, you say you are going for 24 days, and then what? back to the UK?
wendy_woo is offline  
Old Sep 13th 2011, 5:13 pm
  #5  
Forum Regular
Thread Starter
 
Tribesman's Avatar
 
Joined: Nov 2007
Location: Christchurch
Posts: 38
Tribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really nice
Default 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
Tribesman is offline  
Old Sep 13th 2011, 5:18 pm
  #6  
Forum Regular
Thread Starter
 
Tribesman's Avatar
 
Joined: Nov 2007
Location: Christchurch
Posts: 38
Tribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really nice
Default Re: Residence Visa Conditions:

Originally Posted by Persephone View Post
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.


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/.
Tribesman is offline  
Old Sep 13th 2011, 9:12 pm
  #7  
Forum Regular
 
BevK's Avatar
 
Joined: Jun 2010
Location: Auckland NZ
Posts: 146
BevK is a name known to allBevK is a name known to allBevK is a name known to allBevK is a name known to allBevK is a name known to allBevK is a name known to allBevK is a name known to allBevK is a name known to allBevK is a name known to allBevK is a name known to allBevK is a name known to all
Default Re: Residence Visa Conditions:

Originally Posted by Tribesman View Post
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/.
Hi there,

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.
BevK is offline  
Old Sep 14th 2011, 3:46 am
  #8  
Forum Regular
Thread Starter
 
Tribesman's Avatar
 
Joined: Nov 2007
Location: Christchurch
Posts: 38
Tribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really nice
Default 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 /\
Tribesman is offline  
Old Sep 15th 2011, 8:48 am
  #9  
Queen of the Underworld
 
Persephone's Avatar
 
Joined: Dec 2007
Location: In NZ!
Posts: 4,785
Persephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond repute
Default 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.
Persephone is offline  
Old Sep 15th 2011, 5:06 pm
  #10  
Forum Regular
Thread Starter
 
Tribesman's Avatar
 
Joined: Nov 2007
Location: Christchurch
Posts: 38
Tribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really niceTribesman is just really nice
Default Re: Residence Visa Conditions:

Originally Posted by Persephone View Post
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.
Persephone: Thanks . I finally understand the visa now . Thanks for info.
Tribesman is offline  
Old Sep 16th 2011, 10:37 am
  #11  
Queen of the Underworld
 
Persephone's Avatar
 
Joined: Dec 2007
Location: In NZ!
Posts: 4,785
Persephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond repute
Default Re: Residence Visa Conditions:

Originally Posted by Tribesman View Post
Persephone: Thanks . I finally understand the visa now . Thanks for info.

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
Persephone is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us Archive Advertising Cookie Policy Privacy Statement Terms of Service

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.