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Thread: Eligibility for IRRV visa

  1. #11
    Join Date
    Oct 2010
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    UK-To-NZ
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    189

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    Well for DTA countries Yes, otherwise INZ might not consider us. As per above statements.

  2. #12
    Join Date
    Feb 2008
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    37,842

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    Quote Originally Posted by INZD View Post
    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
    So in that case, you shouldn't have so many complications in getting the NZ Inland Revenue to recognize you as a NZ tax payer. Here's what you need to know. http://www.ird.govt.nz/forms-guides/...residence.html

  3. #13
    Join Date
    Feb 2012
    Location
    New Zealand
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    10

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    Thanks JandM for that , so in my case now i dont have to worry about the DTA as my country is not in that list , but i am considered now as Tax resident as i am having residence since January 2012 , so i am from that time tax resident , or from the time i start my job with the silver fern work visa which is August 2011 ??

    If i am now tax resident starting from 20 January 2012 which is the residency issue date, so if i count 41 days , it will be till first of March 2012 , so i finished the 41 days for the first year already , i will remain living and working here in NZ till the next year as well , and the 41 days in the second year will be ended first of March 2013 , so i can leave NZ by April 2013 ( in order not to fall in the 325 rule by IRD ) and then apply for permanent residence from my home country ( overseas ) , am i right ?

    Hope you understand my case

    Thanks,
    Mark

  4. #14
    Join Date
    Feb 2008
    Posts
    37,842

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    I think your understanding is correct. But I am just another person on a website, so you shouldn't base your decisions just on me. To be absolutely certain that what you do is going to give the outcome you want, contact both the Inland Revenue and INZ.

    but i am considered now as Tax resident as i am having residence since January 2012 , so i am from that time tax resident , or from the time i start my job with the silver fern work visa which is August 2011 ??
    Notice that on the Inland Revenue website, they specifically mention that their definition of resident can be different from what is used by immigration. For the Inland Revenue, I think you are tax resident since you started working in August 2011, but that doesn't count for INZ when they're looking at eligibility for PR. INZ say this.
    You 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 your permanent resident visa application, and you are assessed by Inland Revenue (IR) as holding tax residence status for the two years preceding your application for a permanent resident visa.
    As you see, they're not counting two years of tax residence FROM WHEN YOU FIRST BECAME TAX RESIDENT. They're counting two years BACK from when you apply for PR, and that can only be on a date two years AFTER you obtain your Residence visa.

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