Citizenship application 5 year requirment

[cheeryking]

I obtained my travel movement history from NZ Customs in June, this year. NZ Customs did not count anything like "days present" at all, they simply showed days of departure and days of arrival. The way you counted days present is the way I had done it: departure and arrival days not counted as being present, and that is what INZ told me how they would count it.

The statement does not show in any way though which days INZ (and the DIA) would calculate as being present in NZ.

If they are adding the departure or arrival as being present at all remains the question.

In the end, it is more an academic question here. To be safe, either wait for the presence calculator to give you the green light, or make sure to not count the travel dates as being present in NZ.

If you request travel records from Immigration NZ (see post #26) it will show days in NZ. Requested mine this month and they emailed me within 2 working days.

Perhaps the way information presented is different between INZ and Customs NZ.

[Eckard]

If you request travel records from Immigration NZ (see post #26) it will show days in NZ. Requested mine this month and they emailed me within 2 working days.

Perhaps the way information presented is different between INZ and Customs NZ.

Thank you cheeryking - in the meantime, I ordered it too via https://www.immigration.govt.nz/cont...ation-about-me. These data are indeed much more precise, and they are also much easier to get. I had to draw up a letter to customs for the travel movements.

[LemonAndPaeroa]

Could someone please check my thinking for if I would apply 2 October:

Year 1: 2 October 2020-1 October 2021 (not 100% sure the day of application counts under the "last 5 years" so just being on the safe side here)
Year 2: 2 October 2019-1 October 2020
Year 3: 2 October 2018-1 October 2019
Year 4: 2 October 2017-1 October 2018
Year 5: 2 October 2016-1 October 2017

Residency granted on 26 January 2017, 9 days out of the country in year 5 - eligible 2 October.

(Other years I easily meet the presence requirement)

[Kelerei]

Could someone please check my thinking for if I would apply 2 October:

Year 1: 2 October 2020-1 October 2021 (not 100% sure the day of application counts under the "last 5 years" so just being on the safe side here)
Year 2: 2 October 2019-1 October 2020
Year 3: 2 October 2018-1 October 2019
Year 4: 2 October 2017-1 October 2018
Year 5: 2 October 2016-1 October 2017

Residency granted on 26 January 2017, 9 days out of the country in year 5 - eligible 2 October.

(Other years I easily meet the presence requirement)

You've got the one year intervals spot on. It is indeed before the day of application: the Citizenship Act 1977 explicitly states "immediately preceding the date of the application" (Section 8(2)(b)).

For your Year 5: you can't count anything before 26 January 2017, and there's 249 days between 26 January 2017 and 1 October 2017. 9 days out of the country between 26 January 2017 and 1 October 2017 would put your Year 5 total at exactly 240 days.

[LemonAndPaeroa]

Great thank you!! We shall see what the presence calculator says...

By the way, if anyone wonders, INZ no longer checks if you meet the presence requirements at the appointment.

[Eckard]

I applied on 11.09., and that was the first day the presence calculator gave me the "good to go".

I now did the numbers again with the data retrieved via https://www.immigration.govt.nz/cont...ation-about-me (thanks again cheeryking):
The result: On 10.09.2017, I had been present in the country while on a resident visa for 241 days - including 4 travel days (2 dep, 2 arr) and including the day I received my resident visa.

Can anyone figure out which days can be counted in and which ones may not?

[LemonAndPaeroa]

So according to your info you should have been eligible one day earlier.

[LemonAndPaeroa]

I've called DIA a few times now re how days are counted but I keep getting different answers, so who knows........

[Spoun2]

Hi All,

Initially I am eligible to apply citizenship on Oct 2021 but I been stuck in overseas from Dec 17 2020 until July 12 2021.
Now I split my 7 months overseas stay into last 2 years, Please see below calculations - does it work like this ??

My presence calculator shows, You do not currently meet requirement, please check back again on Dec 2021

I am planning to apply on March 21st 2022 as per below calculations, i had split my 7 months periods into last 2 years!! I have contacted Immigration lawyer/advisor's, one said i can apply on March 21st as per below and double checked with other lawyer/Adv, says i am not eligible to apply until 2026!! I am bit confused here.

Year 5 : March 21st 2022- march 21st 2021 – Out of NZ for 3 months and 22 days = >240days
Year 4: March 21st 2021 – March 21st 2020 – Out of NZ for 3 months and 2 days =>240 days
Year 3: March 21st 2020 – March 21st 2019 – Out of NZ for 10 days => 240days
Year 2: March 21st 2019 – March 21st 2018 – Out of NZ for 1 month and 25days => 240 days
Year 1: March 21st 2018 – March 21st 2017 – Out of NZ 0 days => 240 days

Your responses and suggestions would be appreciated

Thanks

[Kelerei]

Hi All,

Initially I am eligible to apply citizenship on Oct 2021 but I been stuck in overseas from Dec 17 2020 until July 12 2021.
Now I split my 7 months overseas stay into last 2 years, Please see below calculations - does it work like this ??

My presence calculator shows, You do not currently meet requirement, please check back again on Dec 2021

I am planning to apply on March 21st 2022 as per below calculations, i had split my 7 months periods into last 2 years!! I have contacted Immigration lawyer/advisor's, one said i can apply on March 21st as per below and double checked with other lawyer/Adv, says i am not eligible to apply until 2026!! I am bit confused here.

Year 5 : March 21st 2022- march 21st 2021 – Out of NZ for 3 months and 22 days = >240days
Year 4: March 21st 2021 – March 21st 2020 – Out of NZ for 3 months and 2 days =>240 days
Year 3: March 21st 2020 – March 21st 2019 – Out of NZ for 10 days => 240days
Year 2: March 21st 2019 – March 21st 2018 – Out of NZ for 1 month and 25days => 240 days
Year 1: March 21st 2018 – March 21st 2017 – Out of NZ 0 days => 240 days

Your responses and suggestions would be appreciated

Thanks

With the information you've provided:

Period 1: 21 March 2021 to 20 March 2022. 252 days presence, counting your day of return (12 July 2021) as a day of presence.
Period 2: 21 March 2020 to 20 March 2021. 272 days presence, counting your day of departure (17 December 2020) as a day of presence.
Period 3: 21 March 2019 to 20 March 2020. 356 days presence (extra day in this period due to leap year).
Period 4: 21 March 2018 to 20 March 2019. 309 days presence, assuming that the "1 month" you mention is 31 days.
Period 5: 21 March 2017 to 20 March 2018. With 0 days absence, you will meet the presence requirement for this period if your first day as a resident was on or before 24 July 2017.

If your first day as a resident was on 24 July 2017 (to provide the bare minimum of 240 days in the last period), total time across all five periods would be 1,429 days, which would be above the statutory minimum of 1,350 days.

Therefore, providing that your first day as a resident was on or before 24 July 2017, and assuming that you are not absent from New Zealand between now and the day you apply, you should meet the presence requirement if the Department of Internal Affairs receives your completed application on 21 March 2022, together with the required fee. For the avoidance of doubt, the date an online application is received is the date in Wellington at the time you submit and pay for your application online.

For what it's worth, I nearly thought that each of your five year periods was exactly 240 days, from the way you presented your information above. Had this been the case, you would clearly not meet the presence requirement due to the total time across all five periods being 1,200 days, less than the statutory minimum of 1,350 days. I suspect that the person advising you may have made this error. The moral of the story is: present your information in a clear and unambiguous manner.