Visa conditions for WTR based residency

Hi Everyone,

I have a quick question, that I hope one of you lovely folks can answer.
How long do I have, to apply for a resident visa based on WTR once I have completed the two years? Is there a threshold that one must apply for WTR based residence visa within X months of satisfying the conditions before it becomes invalid?
I'm currently holding a WTR visa, Start date 2 Mar 2019 and end date 6 Sep 2021, Which means I have completed my 2-year threshold to be eligible to apply for a Resident visa based on WTR.
However, I have already applied for SMC back in Jan 2019 hoping it would be quicker and still awaiting a CO.
The reason I asked this question is that in the unlikely event that INZ rejects my SMC application and I resubmit a new application based on the WTR, does it had to be done within a certain timeframe?

Thanks in advance.

There's no specific instruction, so interpretation of the provisions of RW2 is required here -- and I'm of the opinion that I can't legally do that for you. Sorry.

Take note of R5.20 though: if INZ determines that you are ineligible under one category, but information contained in the application form or accompanying documents clearly indicates that you may be eligible under a different category, there is discretion for your application to be assessed under that different category. It would be your responsibility to submit further information in this regard, while keeping in mind that INZ does not have any obligation to assess your application under a different category and is perfectly entitled to decline to do so.

Well, I have a different answer, as you are eligible to apply for PR based on your WTR and completion of 2 years, one thing to remember is "WTR and SMC are in the same queue and to get a CO it's taking 21 months" so if you were to apply for PR today your application won't be allocated to CO until 21 months (based on current timeframes, and it can increase or decrease) unless you meet priority criteria which is basically if you earn 106K/year or have 51 NZD PH pay rate or your profession require registration in NZ (which I am guessing you don't meet otherwise your application would have been in priority queue already) if you believe you are meeting the criteria now, can ask INZ to prioritize your SMC now.

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Originally Posted by Kelerei

There's no specific instruction, so interpretation of the provisions of RW2 is required here -- and I'm of the opinion that I can't legally do that for you. Sorry.

Take note of R5.20 though: if INZ determines that you are ineligible under one category, but information contained in the application form or accompanying documents clearly indicates that you may be eligible under a different category, there is discretion for your application to be assessed under that different category. It would be your responsibility to submit further information in this regard, while keeping in mind that INZ does not have any obligation to assess your application under a different category and is perfectly entitled to decline to do so.

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Thanks, Kelerei,
I understand and thanks heaps for informing me about R5.20 hopefully, it won't get to that situation, I just want to be aware about my option in case things go south.

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Originally Posted by satty02

Well, I have a different answer, as you are eligible to apply for PR based on your WTR and completion of 2 years, one thing to remember is "WTR and SMC are in the same queue and to get a CO it's taking 21 months" so if you were to apply for PR today your application won't be allocated to CO until 21 months (based on current timeframes, and it can increase or decrease) unless you meet priority criteria which is basically if you earn 106K/year or have 51 NZD PH pay rate or your profession require registration in NZ (which I am guessing you don't meet otherwise your application would have been in priority queue already) if you believe you are meeting the criteria now, can ask INZ to prioritize your SMC now.

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Hi Satty,
Thanks for your reply. Yes, I understand that if I apply again via WTR I will be thrown at the back of the queue and I have no intention of doing so unless it's the last possible option.
My main reason for asking this was to make sure that if there is a threshold I don't miss it because when it comes to INZ you just can't risk anything, I have been bitten once and don't wish it to happen again.
Unfortunately, I don't meet the priority criteria just trying to cover all bases to make things easy once I get a CO.