Dave in Auckland

Hiya,

I got my RRV (not indefinite) in April 05, does anyone know if this means I was granted Permanent Residency there & then. I have to spend 184 days in each of the following 2 years in NZ to have it made indefinite.

This has a huge impact on any Citizenship application as, if PR happened then, I'm eligible to apply in July 07. If not, then it's put back to 2010 or possibly even 2012, Dept of Citz doesn't seem able to definitively answer this question.

Dave

Nice Guy

Dave

RRV is an abbreviation for Returning Residency Visa, in order to get a RRV you have to have a residency visa.

Get our your passport and have a look at the description on your visa…..what does it say?

newkiwi

THe technical difference between a Resident Visa and a Resident Permit is that a Resitend Visa (RRV) gives you permission to travel to New Zealand. I think you can take this as saying you are granted residency. You use a Resident Visa outside of New Zealand.

Technically a Resident Permit is issued at the border, when you arrive in New Zealand. It is really no more than an Immigration Stamp you get at passport control each time you enter the country. You cannot hold a residence permit outside of New Zealand, which is why you require a valid RRV to get back in NZ as a resident.

The website says you needed to have "received permanent residence before 21 April 2005, or made an application for permanent residence before 21 April 2005 that was approved after 21 April 2005, you must satisfy two requirements".

I am not an expert but this seems to indicate the day residence was granted (ie the date of you successful notification letter/ date you received your RRV) has to be before 21 April. If it had said "held a Residence Permit..." it would have meant you would have had to be in NZ beofre that date.

This is may reading of it, but like I said its not based on any expertise, so dont take it as specific advice....

the whole residence permit vs resident visa thing is quite confusing really.

JAJ

Any kind of RRV gives you permanent residence as long as you are in New Zealand. The time limit of the RRV - as far as I know - only matters if you are outside NZ and want to return as a resident.


Jeremy

newkiwi

The way i read the query is that if you are approved for Perm Residence (outside of NZ), and issued with a RRV before 21 April 2005, but only enter NZ after 21 April 2005, are you able to get citizenship after three years or do you have to wait five years.

Oh and please excuse my spelling in previous posts, i dont re-read my posts and obviously BE needs a spell checker.

i am semi literate however, evidence to contrary notwithstanding.....

JAJ

As far as I know the 3 year residence period applies provided:

- you were present in NZ as a permanent resident anytime before 21 April 2005; or
- you *applied* for permanent residence before 21 April 2005.

However, in order to access the 3 year concession, you must apply for citizenship before 21 April 2010. If you don't, the 5 year residence period applies.

Verify all this at http://www.citizenship.govt.nz

Jeremy

St George Six

Hi, we have been in NZ since 2003 and are applying for citizenship this year, we have we told by the Citizenship department that we are ok as we have been legally in NZ since 2003 on LTBV before we got residency. The main thing seems to be that you were living here legally not that you were a perminent resident.

Kev.

JAJ

Not under the new rules. Only time as a *permanent* resident will count under the new 5 year rule.


The difference is that if you *applied* for your permanent visa before 21 April 2005, the old rules about residence count if you apply for citizenship before 21 April 2010 - 3 years including temporary residence.

Full information on the rules is at http://www.citizenship.govt.nz



Jeremy