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-   Immigration, Citizenship and Visas (NZ) (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/)
-   -   retiring to NZ (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/retiring-nz-812701/)

not2old Oct 20th 2013 9:37 pm

retiring to NZ
 
back in 1982/83 were PR's in NZ. We stayed a year then left.

As over 65's if we wanted to return back today to live indefinitely (PR's or other unrestricted status) what conditions do we need to meet or what options are available to us?

Or what are the rules & our options if we wanted to rock back & forth as visitors every 6 months? Under this option can we buy property in NZ?

BEVS Oct 20th 2013 10:31 pm

Re: retiring to NZ
 
Did your original residency visa given you 'indefinite leave to remain' in NZ, (unrestricted travel conditions) despite your having remained just for one year?

These years it is a two year period with travel restrictions before one gains indefinite leave to remain in New Zealand. PR.

Yes. You could buy a property here and be Snow Birds . However, you would need to look at visas other than the usual straightforward visitors visa.

Your options for a new residency visa would probably be under one of the investment categories. It all depends how minted you are if it would be possible or not.

The temporary retirement visa may suit

Persephone Oct 21st 2013 4:40 pm

Re: retiring to NZ
 
It depends on what the rules were in 1982/83 and what visa you held. Did they have Returning Residents Visas then or some other type of visa?
What does the visa in your old passport say?
You may have to contact NZIS to find out where you stand.

Another possibility for residency in NZ would be via the family category if you do have a child or possibly an elderly parent living in NZ. Long shot but worth mentioning just in case.





Or divorce, both find a NZ partner, live with them for a year outside of NZ and then apply under partnership...:blink::unsure: [added for completeness!!!!]

not2old Oct 21st 2013 6:39 pm

Re: retiring to NZ
 
Dug out the passport

We landed in NZ from OZ. It was an employer transfer in.

When we landed mine/our passports were first stamped with

[B]Temporary entry visitor permit/B]

I started working & while I was working, the employer began the rest of the work to get me a resident or work visa

The next visa issued within 30 days from the date of issue of the temporary visitor entry permit

A temporary entry work visa (TEWV) was stamped in my passport - good for 90 days

30 days after that I was issued a double entry visa at the same time

The visa's one of each read

Multiple permanent return

Permanent residence status granted visa

If anyone understands the last two visa's, let me know what it all means?

Persephone Oct 21st 2013 7:07 pm

Re: retiring to NZ
 
Hmmm the terminology has changed a lot since then.

The visa you have implies something similar to the PRV that exists now which used to be known as an Indefinite Returning Residents Visa.
But:
That terminology is not used now and I have no experience of it being used. It does not necessarily mean what we might assume it to mean using today's terminology.

I've had a look at the Operations Manual and am no clearer. There is no mention of what the situation was in 82/83. If you want to look for yourself, go to http://www.immigration.govt.nz/, click on Operation Manual on the lower right side of the homepage, click residency and look for section RA.

Unless we have a poster who is in the same situation it may be best to speak to NZIS directly to find out where you stand. You can email them from the same site but they sometimes give out generic advice. If you're close to a branch you could always go in. If your residency still stands then you have no problems but I just don't know.
Sorry:(

not2old Oct 22nd 2013 12:47 am

Re: retiring to NZ
 
I found this from NZ immigration site, which appears is how I got my immediate PRV the talented accredited employer section

http://www.immigration.govt.nz/NR/rd.../0/INZ1176.pdf

A small number of people can be granted a permanent
resident visa without first having held a resident visa.
These are:
• refugees and protected people
• successful applicants under the Talent (Accredited
Employer) Residence from Work Category who meet a
certain income threshold

Section 49 (1) at the bottom of page 13 & the top of page 14 adds more to it

So with this is my 1982 PRV renewable or transferable to a new passport?

Persephone Oct 22nd 2013 7:17 pm

Re: retiring to NZ
 
The problem with the currently named Permanent Resident Visa is that it does seem to cause some confusion. The permanent bit refers to travel conditions which is the ability to leave and then return to NZ and retain residency rather than the actual residency bit itself.

There is no difference between a resident and a permanent resident in NZ. They mean the same thing.

Some history [and waffle!]:
When I applied for residency back in 2008, if you were successful you had two stickers placed in your passport. One was a Resident Visa which allowed you to travel once to NZ and take up residency. The other was a two year Returning Resident Visa which meant you could freely leave and return as a resident for two years. Once it expired you applied for an Indefinite RRV if you fulfilled the conditions which meant there were no limits on how long you could leave NZ and still take up residency when you returned. Never leave NZ ever and you'd have no need to apply for one;)

Now you get issued a Resident Visa with 2yr travel conditions, this does the exact same job as the two stickers I got in 2008. After two years you can apply for a PRV which does the exact same job as the IRRV. The Permanent part of the PRV refers to the ability to leave and return NZ and retain residency. Really all that changed was the terminology!

You were issued a Permanent residence status granted visa which sounds a bit like the original Resident Visa/permit I had. The Multiple permanent return part sounds like an IRRV/PRV.

If I am correct then it all depends on what the rules were when you applied and whether they have changed. It may be that you are 'deemed' to hold a PRV from the Multiple Permanent Return Visa you have. It may be that the rules were changed and these are no longer accepted unless you can show ties to NZ for example. I have tried googling and searching the NZIS website but cannot find anything that relates to 82/83:(
There's probably no point looking at the visas that exist now as it's what the regulations were then that count.

I hope you can see from the above that your reference to the Talent WTR visa is not relevant. The Permanent Resident Visas we're talking about are different entities.
As an aside, with the Talent WTR you are issued a work visa which you can only convert to residency after you've worked for two years. Those earning >$90k go straight to PRV then, those earning less get a resident visa with two year travel conditions and have to wait two years before they can apply for a PRV. That doesn't fit with your timings:) Hell, I don't even know if WTR visas existed then;)

Good luck and sorry I can't be of much help:(

BEVS Oct 22nd 2013 11:00 pm

Re: retiring to NZ
 
I think this will be one for a quality licensed immigration consultant. Or at least an initial consultation. I feel a good one would know straight away if a 1983 residency visa still holds water or not. Especially given the OP hasn't lived in NZ since the same period.

I think it hinges on whether or not not2old's residency visa was considered valid at the time the NZ immigration Act of 1987 came into force.

Persephone. I have read this.


Originally Posted by NZIS transfer of visa
If you arrived before 2 April 1974 and you no longer have your original passport, you must provide evidence that you have lived continuously in either New Zealand or Australia since 2 April 1974 (eg your new passport, evidence of your nonNew Zealand citizenship, rates demands, drivers licence, receipted power bills, income tax returns, school records, or employment references).
If you were granted a residence permit under the Immigration Act 1987 and wish to have a residence class visa endorsed in your passport, please provide evidence of your permit.

I realise his visa was granted before 1987 but I feel that when the new '87 act came into force , it was written to encompass previously issued permits ...or lack thereof.

and so to this


RA4.10.1 People considered to have held a residence permit under the Immigration Act 1987
See also Immigration Act 1987 s 44, Immigration Act 2009 s 415
Even though a person in New Zealand was not the holder of a permit granted under the
Immigration Act 1987, they are deemed to hold a resident visa if they:
a. arrived in New Zealand lawfully to take up permanent residence at any time before 2 April 1974 other than under a permit granted under the Immigration Act 1964 or any
corresponding earlier Act; and
b. have been in New Zealand continuously from the day they arrived, apart from any period
or periods spent in:
i Cook Islands, Niue or Tokelau; or
ii Australia, if during any such period they were a Commonwealth citizen or citizen of the
Republic of Ireland and were able to live in either New Zealand or Australia without
restriction; and
c. were in New Zealand immediately before the commencement of the Immigration Act 1987
(ie, were in New Zealand at midnight on 31 October 1987); and
d. were not exempt under the Immigration Act 1987 from having to hold a residence permit.
Note: If a person who meets these requirements requests confirmation of their residence
status, an immigration officer must endorse their passport with a residence class visa (see
R7).
Effective 29/11/2010

BEVS Oct 22nd 2013 11:03 pm

Re: retiring to NZ
 
Lane Neave have a good track record.

So does Peter Croxson HERE

Both have been in the game for years .

Catchafire Oct 22nd 2013 11:33 pm

Re: retiring to NZ
 
Just had to do a double take, I thought you said they have been on the game...:rofl:

Or maybe it just the way my mind works.:unsure:

BEVS Oct 22nd 2013 11:53 pm

Re: retiring to NZ
 

Originally Posted by Catchafire (Post 10956998)
Just had to do a double take, I thought you said they have been on the game...:rofl:

Or maybe it just the way my mind works.:unsure:

:eek:

Persephone Oct 23rd 2013 5:22 pm

Re: retiring to NZ
 

Originally Posted by Catchafire (Post 10956998)
Just had to do a double take, I thought you said they have been on the game...:rofl:

Or maybe it just the way my mind works.:unsure:

With most of us saying no need to use an agent, maybe they've had to earn some extra cash doing a different type of 'solicitation':eek:

Persephone Oct 23rd 2013 5:35 pm

Re: retiring to NZ
 
I had read that bit but took it as referring to those who arrived in NZ with a resident visa prior to 1974 as all the conditions need fulfilling and start with the arrived before the 2/4/74 bit.


I think not2old is going to contact NZIS first and they might give a definite answer anyway. After all he just needs a yes or no as to whether the visa is still valid really:)

Then, good idea on the consultant BEVS if they don't have a clue:)


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