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Thread: Eligibility for IRRV visa

  1. #1
    Join Date
    Feb 2012
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    Default Eligibility for IRRV visa

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    Hi All,

    I have an inquire regarding the Permanent Residence Or the Indefinite Returning Residentís Visa (IRRV) , where I am already here in New Zealand since July 2011 on silver fern job search visa , and i successfully manage to get a full time job starting from August 2011 , Then I applied for residence and it is approved an issued January 2012 , So I am now Resident with 2 years RRV which will expires January 2014.

    I was looking in the eligibility for IRRV visa ( Permanent Residence ) and one of the conditions is :

    " You have tax residence status here - you have spent 41 days or more in each of the two years in New Zealand and you are assessed by the Inland
    Revenue Department as being a resident tax payer for the past two years "

    I am paying taxes to Inland Revenue since August 2011 , so this period will be counted or the two years that will be reviewed and assessed by Inland revenue will be started from the date of issuing the residence Visa ?? Meaning the first year's 41 days started from August 2011 or from January 2012 ?

    I will be waiting your kind replies.

    Thanks & Regards,
    Mark

  2. #2
    Join Date
    May 2007
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    4,420

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    Not sure that I understand your question?

    Regardless, you must have held the residence visa for 2 years even if you were previously working in NZ and paying taxes.

    Ian

  3. #3
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    Hello and welcome.

    First thing, you're talking about IRRV, which is the old terminology they've now changed. http://www.immigration.govt.nz/migra.../residence.htm You currently have Residence, which has two years' travel conditions (old PR with RRV), and in due course you will get Permanent Residence, which doesn't have any travel conditions (old PR with IRRV).

    Qualification for PR requires you to have been the holder of a Residence visa for two years, so you have to count from January, 2012. In reading this page http://www.immigration.govt.nz/migra...quirements.htm, you need to see that all of the top paragraph is obligatory, whereas the lower part of the page, headed 'Commitment to New Zealand criteria', has either/or sections of which you only need to have ONE in order to qualify.

  4. #4
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    Second to JandM

  5. #5
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    RV2.5 How do resident visa holders or former holders qualify for a permanent resident visa?

    Upon application principal applicants will be granted a permanent resident visa if:

    they either:
    hold a resident visa, and have held that resident visa continuously for at least 24 months at the time of application; or
    have held a resident visa in the three months before the application is made, and had held that resident visa continuously for at least 24 months before it expired; and
    their first day in New Zealand as a resident (R5.66.1(b)) was at least 24 months before the application is made; and
    they can demonstrate a commitment to New Zealand by meeting the requirements set out in any one of the five subsections below (RV2.5.1 to RV2.5.20); and
    they have met any conditions imposed under section 49(1),of the Immigration Act 2009;

    unless RV2.10 (Permanent resident visas for holders of resident visas with section 49(1) investment conditions) applies.



    Reference : http://www.immigration.govt.nz/opsmanual/i30505.htm

    In your case it should be Jan 2012 to satisfy condition 1 - hold a resident visa and have held that resident visa continuously for at least 24 months at the time of application

  6. #6
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    Thanks guys for your helpful answers,

    I would like to clarify the reason i am asking for. In my case now i am resident starting from 20 January 2012 , and i am full time employee from August 2011 , so now i understand that as a tax resident it will be counted starting from January 2012 , which is the residence visa issue date. I am looking for applying for the Permanent Residence in January 2014 , with this case :

    "You have tax residence status here - you have spent 41 days or more in each of the two years in New Zealand and you are assessed by the Inland Revenue Department as being a resident tax payer for the past two years"

    But the issue that may be before January 2014 , i will be in my home country for a long time , but i am planning to return again to New Zealand later, so my question is , If I leave New Zealand by April 2013 , which means i will spend here as a resident 1 year and 4 months , which i think will satisfy the second condition to be as a tax resident here for 41 days in each year, Can i get the Inland Revenue assessed my IRD application and apply for Permanent residence overseas from my home country, so that i am planning to return to New Zealand again , but i have to have in my Home country for about two years.

    Hope that i clarified my issue well , i am not sure

    Thanks,
    Mark

  7. #7
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    Notice this, in case it affects you.

    Note: If, under the provisions of a Double Tax Agreement (DTA), you also have tax residence status in another country, you will not be considered to have tax residence status in New Zealand for the purpose of meeting the requirements for a permanent resident visa.

    New Zealand has DTAs with Australia, Austria, Belgium, Canada, Chile, China, Czech Republic, Denmark, Fiji, Finland, France, Germany, India, Indonesia, Ireland, Italy, Japan, Korea, Malaysia, Mexico, Netherlands, Norway, Philippines, Poland, Russian Federation, Singapore, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, United Arab Emirates, United Kingdom, and the United States of America.
    http://www.immigration.govt.nz/migra...quirements.htm

    There is more information about applying, here. http://www.immigration.govt.nz/migra...teps/apply.htm

  8. #8
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    Quote Originally Posted by JandM View Post
    Notice this, in case it affects you.

    http://www.immigration.govt.nz/migra...quirements.htm

    There is more information about applying, here. http://www.immigration.govt.nz/migra...teps/apply.htm
    Wow...great thread

    So in that case he or we have to inform our home country Tax Office. For me I have to inform HRMC and fill out P85 form. Am I right?

  9. #9
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    How important this is for anyone can vary. If you're 'just' moving, and intending to pretty much stay put in NZ except for occasional holiday trips once you're there, it wouldn't be vital to clear up your tax status, as it may be for INZD.

  10. #10
    Join Date
    Feb 2012
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    Thanks JandM for this information , I understand your point , but my home country is not in this list , so as far as i understand now i am not under that DTA ? am i right ?

    So what should i do in that case ?

    Thanks for your help.
    Mark

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