New Migrants, and House purchase with the Overseas Investment Act changes

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2nd November 2017, 09:26 PM
dan70

New Migrants, and House purchase with the Overseas Investment Act changes

Hi Forum.

In light of the new Govt. proposals to amend the Overseas Investment Act to include existing residential properties, does anyone have a clear understanding on whether a migrant intending to reside in NZ will be able to be included on deeds to a property?

For our situation, I'm an Australian citizen (as are my two children by descent), currently living in the UK , though my wife is only a UK citizen, and we have the intention to live permanently in NZ, probably early next year. We should have enough funds to purchase a property without a mortgage.

From reading parts of the Overseas Investment Act, it seems that we might be able to include my wife on the deeds when make an application for residency, though perhaps she would have to have live in NZ without having left for 12 months? Wondering if anyone on the forum had more working knowledge on how these changes affect new migrants?

Many thanks,
Dan
3rd November 2017, 02:04 PM
Hagabel

I gather(no official info) that you have to have residency to purchase exisiting properties except for Australians. You can still purchase land and build. Not sure if she would be allowed on the deed or not. You may want to talk to a bank or real estate agent. Hope you get more info from other posters. If she is applying for residency why don't you just wait until she has it?
9th November 2017, 01:12 AM
Jynxee

My understanding (we are new residents) is you can buy existing properties if you have residency.
9th November 2017, 03:50 PM
jawnbc

It will be weeks or months before any law changes. Regardless, as an Australian citizen living in NZ you would be exempt from this rule. The exemptions proposed are for:

NZ citizens
NZ permanent resident visa holders
NZ resident visa holders
Australians

The trickier part might be getting your wife a visa. You can rock up to NZ and establish residence on arrival, but unless it's changed recently you can't sponsor her to live in NZ until after you arrive. My husband's an Aussie and because my job required me to arrive months before him, I had to apply for a Skilled Migrant Visa. Just did a hunt for the original email thread, but no job finding it. You should also drop into your local Immigration New Zealand office once you arrive here and apply for a "variation of travel" decal for your passport. Otherwise every time you leave NZ the clock restarts for moving towards permanent residence and potential citizenship.

Good luck!
9th November 2017, 03:57 PM
jawnbc

Found the email, from April 2012. The links are no longer active, but the message is clear (I've put in bold below).

Dear John

Thank you for contacting us.

I can see from our computer records that your Invitation to Apply has now been issued, and you have a time of four months from the date of issue to return this to us with all of your supporting documents, to commence the Residency processing.

As an Australian citizen, your husband would not be able to sponsor you unless New Zealand is the primary place of residence for him.
Further information is below:

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

If you wanted to come to New Zealand and commence your employment before the Residency under the Skilled Migrant category has completed processing, I would suggest that the best way to accomplish this would be to apply for a Work Visa, I have provided further information below, should you decide to investigate this particular option.

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

Please contact us if you require further assistance.

Kind regards
Cei

Customer Service Officer
Immigration Contact Centre
Department of Labour | Te Tari Mahi
P O Box 3773, Shortland Street | Auckland | New Zealand
Tel: +64 9 9144100 or 0508 55 88 55| Fax: +64 9 914 4119
Web: www.immigration.govt.nz
22nd December 2017, 08:59 PM
dan70

An Update for similar people who might find relevant

I've now found out that my wife would be except under the new rules so happy days. :)

Relevant information is here:

https://www.linz.govt.nz/regulatory/...eas-investment

and this section:

Quote:

My spouse or partner is a New Zealand resident. Do I need consent?

No. Under regulations 33(1)(m) and 33(1)(n) (link is external) of the Overseas Investment Regulations 2005 you are exempt from the requirement for consent as an overseas person if your spouse or partner is a New Zealand citizen or ordinarily resident in New Zealand and the securities or rights or interests to be acquired are or will be relationship property (as defined in the Property (Relationships) Act 1976). Find out if your partner is considered ordinarily resident.

And Australian citizens can apply for residency at the border on entry

Many thanks for the replies too.

Best regards,
Dan

Quote:

Originally Posted by dan70

Hi Forum.

In light of the new Govt. proposals to amend the Overseas Investment Act to include existing residential properties, does anyone have a clear understanding on whether a migrant intending to reside in NZ will be able to be included on deeds to a property?

For our situation, I'm an Australian citizen (as are my two children by descent), currently living in the UK , though my wife is only a UK citizen, and we have the intention to live permanently in NZ, probably early next year. We should have enough funds to purchase a property without a mortgage.

From reading parts of the Overseas Investment Act, it seems that we might be able to include my wife on the deeds when make an application for residency, though perhaps she would have to have live in NZ without having left for 12 months? Wondering if anyone on the forum had more working knowledge on how these changes affect new migrants?

Many thanks,
Dan