British Expats - RV and PRV

British Expats (https://britishexpats.com/forum/)

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

- - RV and PRV (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/rv-prv-852147/)

Hi There,

Now, I have my resident visa issued on 2nd Oct 2014 in Dubai (UAE) with travel conditions of two years, and I understand that I need to enter NZ within fist year for the activation of the visa in which I and my partner are planning to do on this June.

Do I have to spend the minimum 184 days within the first year immediately after the activation of the Visa ? or I can delay that and move permanently to NZ at any time of my convenience just before the expiry of travel conditions so I can return to NZ as a resident, and then spend the required time in NZ and apply for PRV later on after spending another two years there?

I need your insight on that, in order to properly plan our next move.

Thank you :)

my understanding is that the visa is valid for two years only, if you decide to leave and not return after that 2 years and not renewed the cisa then you will not be able to reenter on that visa so the conditions have to be met in the first 2 years.
my reason for saying this as I have know people on the 2 year visa go on holiday which crossed over with the 2 year ending and they had a bit of trouble getting in despite their husband and children being kiwi citizens

Thanks MrsFychan,

I am asking about leaving NZ following the activation of the visa, with a plan to return to NZ just before the expiry of the travel conditions of two years. E.g. Those who activate their residency visa but then go back to the UK with a plan to return to NZ before their travel conditions expire.
As per my understanding, the visa holder can return as a resident to NZ just before the expiry of the travel conditions, and the RV is indefinite where the person can live in NZ and spend the required time (of course during this time travel conditions would become expired and the visa holder will not be able to travel out of NZ ).
When the visa holder has met requirements of PRV (spend enough time in NZ) , then eligibility of PRV will be met, and once got PRV there will be no restriction on travel.
Please correct me if I am wrong ..

I think you are right I believe I have read somewhere that you can extend the travel conditions but you have to have a good reason for doing so. will see if I can find anything on it

ok whilst looking for travel conditions I found this:

"You have spent enough time in New Zealand
You have been in New Zealand 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."

so from that I would say you have to met the conditions within the first 2 years of the visa being activated.

Or you can prove that you are a tax resident, for that I have no idea how you would do that

Quote:

Originally Posted by MrsFychan (Post 11556431)

Thank you again for taking effort to clarify this for me :)
I've actually checked that before, but I was not sure if I need to meet this condition in the first 2 years of the visa being activated or this can also apply in the two years preceding PRV application no matter where you have returned to NZ as long as you returned as a resident! This is exactly the point which makes me confused. Anyways I have sent an email to NZI , and will see how things go...

Once you get an answer could you please let us know as I have seen other members ask

You can apply for a PRV at any time as long as you meet the conditions. There is nothing about it having to be done within the first two years after activation of your first RV.

Yes, you should be able to activate the visa and only return just prior to your travel conditions expiring. Bear in mind that if you do this then you will have to apply for a Variation in Travel Conditions and these can be for 2years, 1 year or 14 days depending on your circumstances.
This is something to consider if you return just before your travel conditions expire and you think you may have to leave NZ at some point soon.

For a one year variation:

Quote:

Requirements for a 12-month variation of travel conditions

You qualify for 12 months of travel conditions if you entered New Zealand as a resident at least one year before the date your current application for a variation of travel conditions is made, and either of the following situations applies to you.

1. You have spent enough time in New Zealand

To meet this requirement, you 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 of the 24 months immediately before lodging your variation of travel conditions application.

2. You have tax residence status

To meet this requirement, you must:
##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 before lodging your application for a variation of travel conditions, and
##you have been assessed by Inland Revenue as holding tax residence status for 12 months in the two years immediately before lodging your variation of travel conditions application.

For 14 days:

Quote:

Requirements for a 14-day variation of travel conditions

You will qualify for a 14-day variation of travel conditions if are a resident visa holder in New Zealand and you do not meet the requirements for either permanent resident visa, or a variation of travel conditions for a longer time

So if you arrive less than one year before your 2y travel conditions expire, then you can only get 14 day travel conditions, not long! Until you qualify for 1y or wait until you can apply for a PRV.

Personally I would prefer to have the security of being able to leave NZ hassle free in case of things like family emergencies, travel etc,
Are you likely to need to travel overseas for work?

Quote:

Originally Posted by MrsFychan (Post 11557049)

Once you get an answer could you please let us know as I have seen other members ask

Hi,

What I was thinking and what Persephone has said is right, the RV holder can return to NZ at any time and not necessarily immediately after the activation of the Visa, as long as the travel conditions are not expired. Here below is the response I got from NZI:

"Thank you for contacting us.

The requirement of spending at least 184days in each of the 12months portion can be done at a later stage which is more convenient for you, e.g. you say you and your wife are planning to activate your resident visa in June 2015. When you activate your residence visa in June, you do not necessary need to spend the 184days immediately, you may depart New Zealand any time after arrival and return back to spend the time, as long as you have activated your visa within the 12months of your residence visa being issued and that you return to New Zealand before your travel conditions expires which is valid for 24months from the date you activate your visa.

Hope this clarifies your concern for you.

Please contact us if you require further assistance"

Personally I would prefer to have the security of being able to leave NZ hassle free in case of things like family emergencies, travel etc,
Are you likely to need to travel overseas for work?[/QUOTE]

Persephone, thank you so much for your comments, In fact what has made me asking this question is reading over your useful book marked thread on the forum which explains the difference between RV and PRV.
If I would return to NZ, I would probably do so at the beginning of the second year following activation, as it will take me time to prepare for the big move to NZ , and would still be having another year with valid travel conditions just in case of any emergencies.

Your comments were really very informative as always, appreciated :thumbup:

thanks for that, something for me to remember :thumbsup:

Quote:

Persephone, thank you so much for your comments, In fact what has made me asking this question is reading over your useful book marked thread on the forum which explains the difference between RV and PRV.
If I would return to NZ, I would probably do so at the beginning of the second year following activation, as it will take me time to prepare for the big move to NZ , and would still be having another year with valid travel conditions just in case of any emergencies.

Your comments were really very informative as always, appreciated :thumbup:[/

:o Thanks, glad to be able to help

Yep, that would give you a year or so on your first Travel Conditions and you could then apply for a 1yr variation once they expire. Then a PRV once you fulfil those conditions.
:thumbup: