Should I chance it?

Old Jul 29th 2016, 7:50 am
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Default Should I chance it?

i have applied for residency under the parent category. So when my application goes in and is well underway I am considering moving to NZ before the application is approved. The reason for this if the house sells quickly we will have nowhere to live and I have two small dogs and finding a rental would be hard. If I did move into a rental it is all the upheaval that goes with it and then having to do it all again a few months later. I know it is risky and I think I would have to buy a return ticket for six months later to prove I had no intention of staying without residency. So my question is getting my belongings and motorhome out here. Would they be subject to tax if I couldn't prove residency? I know that I wouldn't be able to work but that is not my intention anyway. I would be covered medically under travel insurance. Am I missing anything else can anyone see any other reasons why this would be a really bad idea? I know if the application is denied that obviously would be bad! It is just so hard to work out timings. Thank you in advance for any thoughts and advice.
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Old Jul 29th 2016, 8:57 am
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Default Re: Should I chance it?

I don't know much about the parent visa situation , but from what I recall on the importation side, people with PR and returning Kiwis who have been away a length of time get a GST exemption on importing their belongings. Everyone else has to pay GST and Customs duties. As a non-resident, you would fall into that category. You could put stuff in storage, and arrange to get it shipped when you've got your visa.
What are you doing about your dogs? I understand that it can take six months to get through the rabies shots.
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Old Jul 29th 2016, 9:12 am
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Default Re: Should I chance it?

Thanks for that reply very helpful and it has made my mind up to wait until I have residency. I don't think I would like to wait for all my belongings and I certainly don't want to pay the tax on them. The dogs are coming with us so far they have had their rabies shot and titre test and they now have a year before it would need doing again. Wish it was that easy for me!
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Old Jul 29th 2016, 12:35 pm
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Default Re: Should I chance it?

When did you submit your application?

Parent category is likely to take at least 4 draws before your application gets picked (that is at least 1 year elapsed), and probably another 6 months to process through everything.

A draw is due soon (17th August or there abouts) at which point Immigration will post statistics of how many were drawn and how many are left in the queue.

In the 16th May draw, there were 606 SOIs drawn and 2973 SOIs left in the queue.

From that you can see that it would take 5 draws to clear the outstanding queue at that point.

As far as I can tell the queue is growing faster than it is being cleared and this may be accelerating. We should know a bit more after the 17th August.

For context, we applied in February 2016 and hope that we will get picked in the February 2017 draw. Those applying now may have to wait at least one extra draw.

I assume from your original post you were considering starting travel arrangements after your EOI had been drawn from the pool but before you had the formal approval and your Resident Visa (with travel restrictions) granted.

Again I assume that you know you will have to spend 5 years in NZ (more than 6 months each year) before the travel restrictions are lifted and you become a full permanent resident.

I would also suggest respectfully that you read the various tales of woe from people who have moved to a location and bought quickly, and then ended up losing a substantial amount of money.

The general advice is to rent for at least a year, preferably more, before you consider buying a house. At a minimum you should give your prospective new home a really good going over in the middle of NZ winter before considering a purchase. Housing stock is not like the UK now; it seems more like the UK in the 1950s.

Apologies if you have already realised all this through searching the forum.

Edit: Oops! Just realised we have been through the draw calculations earlier in the year.Hopefully you will get pulled in August.

Last edited by LittleGreyCat; Jul 29th 2016 at 12:40 pm. Reason: Oops!
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Old Jul 29th 2016, 1:31 pm
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Default Re: Should I chance it?

Hi like you said at the end, yes we will be pulled out in August missed it by about two weeks for the may draw. Good advice as well about not rushing in to buy a house although we plan to buy a small house straight away but once we find our forever house we will keep the other one as a rental anyway, it is easier to do it that way because of the pooches. Amazing how quick the time has gone, once the August draw is done you only have two draws to go before you are pulled out too!
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Old Jul 29th 2016, 1:32 pm
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Default Re: Should I chance it?

Hi like you said at the end, yes we will be pulled out in August missed it by about two weeks for the may draw. Good advice as well about not rushing in to buy a house although we plan to buy a small house straight away but once we find our forever house we will keep the other one as a rental anyway, it is easier to do it that way because of the pooches. Amazing how quick the time has gone, once the August draw is done you only have two draws to go before you are pulled out too!!
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Old Jul 29th 2016, 6:23 pm
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Default Re: Should I chance it?

Hi
We have now received our visa's in passports for residency under parent category tier one. Have 12 months from July 16 to activate them and thereafter we are able to stay in UK if we need to for another 3 years but need to be in NZ for 183 days in year 4 and 5 in order to obtain PR. This will allow us to take our time and get things organised without too much stress although we hope to be there within the 3 years.
EOI submitted June 15 - so just over a year for us to get residency.
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Old Jul 29th 2016, 7:50 pm
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Default Re: Should I chance it?

Congratulations on getting your visas. I have to say the day I get my visa will be the day I am booking my flight! Good luck for the future hope you get everything sorted and enjoy NZ
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Old Jul 30th 2016, 9:04 pm
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Default Re: Should I chance it?

Originally Posted by elaineesther1953 View Post
Hi
We have now received our visa's in passports for residency under parent category tier one. Have 12 months from July 16 to activate them and thereafter we are able to stay in UK if we need to for another 3 years but need to be in NZ for 183 days in year 4 and 5 in order to obtain PR. This will allow us to take our time and get things organised without too much stress although we hope to be there within the 3 years.
EOI submitted June 15 - so just over a year for us to get residency.
Can you just expand a bit on the activation?
Do you have to be in NZ to activate the visa?

I am a little confused also because I thought you had to live in NZ for more than half a year for five years to show commitment and get Permanent Residence without travel conditions.

A link to the bit on the Immigration web site which explains this would be very useful indeed!
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Old Jul 30th 2016, 10:17 pm
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Default Re: Should I chance it?

You need to enter NZ within 12 months of the date on your residence label that is issued it doesn't matter how long you stay .
Then in order to qualify for PR the principal applicant must meet one of the conditi0ns listed here: RV2.5 How do resident visa holders or former holders qualify for a permanent resident visa?.

We used a great immigration adviser who confirmed to us in simple terms that is to make sure you have spent 184 days in NZ in each of the two 12 month periods immediately before you are eligible for PR.

I am also a member of the another forum and have confirmation from someone who needed to know the same info and asked the question in the Auckland Central Branch who confirmed there are no restrictions on living in the country for the first three years after the visa is activated (for the parent category visa) and they said they were finding that parents were needing to sell up properties and get ready to move so the requirement for parents is to fulfil the 'Significant period of time spent in NZ 'will only kick in at the start of the fourth year. Before that they can choose to be out of the country, if they like, for the first three years.

Sorry if this seems a bit long winded but typing the messages off the other forum (dated Feb 2015)


By the way we are in our sixties so not having to rush and stress sounds good for us.

Last edited by MrsFychan; Jul 31st 2016 at 4:46 am. Reason: removed forum name
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Old Jul 31st 2016, 9:03 am
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Default Re: Should I chance it?

Thank you - very useful.

However my brain is, as usual, starting to hurt.
RV2.5 How do resident visa holders or former holders qualify for a permanent resident visa?

The web page linked to above talks a lot about showing commitment over a 2 year period but has some interesting conditions. I've hacked this about a bit because copy and paste doesn't seem to preserve the headings and sub-headings etc.

"RV2.5.20 Base established in New Zealand
A principal applicant has demonstrated a commitment to New Zealand if they have established a base in New Zealand. A principal applicant is considered to have established a base in New Zealand if:
each and every member of their immediate family who was included in their application for a resident visa has resided in New Zealand for at least 184 days in the two year period immediately preceding the date the application for the permanent resident visa was made; and
they have been in New Zealand as a resident for a total of at least 41 days in the 12 months immediately preceding the date the application for the permanent resident visa was made; and either
they own and maintain a family home in New Zealand; or
they have been engaged in full time continuous genuine employment in New Zealand immediately preceding the date the application for the permanent resident visa was made.

For the purpose of these instructions applicants are considered to own and maintain a family home in New Zealand if:

they have been in New Zealand as a resident for a total of at least 41 days in the 12 months immediately preceding the date the application for the permanent resident visa was made; and either they own and maintain a family home in New Zealand; or
they have been engaged in full time continuous genuine employment in New Zealand immediately preceding the date the application for the permanent resident visa was made.

For the purpose of these instructions applicants are considered to own and maintain a family home in New Zealand if:
they have purchased a residential property in New Zealand within 12 months of their first day in New Zealand as a resident and still own that property either solely or jointly with members of their immediate family who were included in the application for a resident visa; and
they and/or members of their immediate family who were included in the application for a resident visa occupy that property.
"

This seems to be a little "ambiguous" on my initial read through.

It seems to state that to be granted permanent residence you need to have bought a house and been living in it (presumably to avoid someone just buying a rental property) or be holding down a permanent job.

Assuming again that someone moving under the parental category may not be wanting a job (which may not always be the case) then this seems to say that workers can qualify when living in rented property but pensioner drones have to buy a house.

Reading this in isolation, it also seems to imply that you have to have bought the house within 12 months of your first day in NZ as a resident; this in turn I think means within 12 months of activating your "permanent resident with travel conditions" visa.


Bottom line; does this mean that if you are moving as a parent without a job (e.g. UK Pensioner) then you are required to buy a house within 12 months of first moving to NZ in order to qualify for the "Permanent Resident without travel conditions" visa after 5 years?

I am struggling with this whole section because it seems aimed at people establishing themselves in NZ as either workers or entrepreneurs (or just disgustingly rich people who don't need to work). It doesn't seem to fit the case of Parental Category migrants, who may well be coming over based entirely on their children's' salary and moving to a Granny Flat in the (possibly rented) family home.

So in turn I am struggling to see how various bits of this apply, and others obviously don't.

Gah! Overthinking stuff again. I'll leave the rambling up for the moment though.

Looks as though RV2.5.1 Significant period of time spent in New Zealand is the main one and the rest can be ignored.

Interesting one is:

RV2.5.5 Tax residence status in New Zealand
A principal applicant has demonstrated a commitment to New Zealand if:

(a) they have been in New Zealand as a resident for a total of 41 days or more in each of the two 12-month portions of the 24 months immediately preceding the date the application for a permanent resident visa was made (ie, in each of the two 12-month portions, a period or periods that amount to 41 days or more); and
(b) they are assessed as having tax residence status (RV1.15.10) for the 24 months preceding their application.

So it looks as though you don't even have to spend 183 days a year in NZ as long as you are tax resident for 2 years. You can get away with 41 days.

Last edited by LittleGreyCat; Jul 31st 2016 at 10:47 am. Reason: Updating as I read further.
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