Member
Converting PR to indefinate
Hi All we are in Auckland on PR and have been here for a year.
My question is, when we go to get an indefinite returning residents visa how closely do they look at you?
We came out here on my wife's career background, but since being here she has not used it at all and I have been the earner. Will they look at this?
Cheers
Senior Member
Probably not as the move from PR with RRV to PR with iRRV is pretty much automatic once you've done your two years on the original PR. Once you have PR unless it is asociated with a work condition, you are pretty much free to do what you want with now restrictions. I assume as you have been here over a year your PR status was eitehr not related to a job or if it was the condition has been fulfilled.
Member
Hi Jan, ,thanks for the reply. Just one other question.
What if we only stay here for another 3 months, I take it we will lose our status?
Administrator
I see you landed in Auckland on 28th November, 2009. Therefore, your first year in the country will be up next week, and you will have easily passed the minimum of 184 days of that year spent in the country. From then on, your second year of residence begins. You need 184 days of that year in NZ also, to be able to say at the end of it that you have proved your commitment to the country, and therefore to get IRRV.
http://www.immigration.govt.nz/migra...finitevisa.htm
If you left NZ after three months and didn't return, you would not be eligible for IRRV at the end of the two years. You could come back into the country before the two years are up, however. (But you would have to start again with establishing commitment.) If you didn't come back to NZ to live in time, your residents' permits would lapse, though.
Member
Thanks for that JandM. Do you think there is any flexibility in this at all? I mean what if my wife stayed in the country but I returned to the UK month on and month off to earn a living.
Member
this is only true if they both leave
Last edited by alan999; 2nd December 2010 at 08:08 PM.
Member
If your wife stays then there is no need for you to be in NZ at all until the application for what was called irrv is made. But don't forget, rules may change. Good luck.Originally Posted by Jakarta
Administrator
Excuse me, Alan, but the subsidiary applicants ALSO have to earn their IRRV-equivalent - they don't get it *just* because the principal applicant has qualified.
Here's the very detailed explanation from the operations manual. http://www.immigration.govt.nz/opsmanual/30505.htm
By the way, the new Immigration Act 2009 has now come into force, and what we have been used to calling 'IRRV' is now to be called a 'Permanent Resident Visa' (and this ISN'T the same as old PR, so please don't get confused!), while old 'renewal of RRV' is 'variation of travel conditions'. Here are the NEW PAGES on this subject from the INZ website. (Look at the side bar to go through to other aspects of this subject.) http://www.immigration.govt.nz/migra...quirements.htm
Jakarta, the rules are the rules, and they are applied *to the day*, but you may still be able to do what you're thinking about. If you did one month in NZ, one month in the UK, continuously, you could still with careful planning total 184 days in NZ in the course of your second year in NZ, since that 184 is only just over half a year. You would then have earnt your Permanent Resident Visa (old IRRV), and could do what you like. If your wife stays in NZ all the time, she could have her Permanent Resident Visa at the end of the two years without any problem.
Member
Jakarta, you will find this forum is a prime example of why ppl who try to give advice should be licenced for it has become the domain of self righteous experts with incorrect opinions given over as facts.
My opinion is that all ppl who are on the original PR application will enjoy the same status as the principal applicant when applying for what used to be known as the IRRV and now the Permenant Resident Visa. This is explained in the operation manual. The same rules applied under the old and new regime.
On Monday of this week my family became one of the first to have the new stickers in their passports. I, as the principal applicant have been in NZ virtually all of the two years, my daughter also. My son was in NZ for 2 months of the first year, and all of the second. My wife HAS BEEN IN NZ FOR 18 DAYS in the 2 year qualifying period. This is what I've based my opinion on.
Furthermore, this is a quote from the "Guide for Resident Visa Holders", form INZ1176:
Can I include my family in my application?
You can include your partner and children in your
application, if they were also included on your original
resident visa application. If you do include them in your
application, they do not need to complete separate
applications forms or pay separate fees.
Your family will be granted a permanent resident visa, a
variation of travel conditions, or a second or subsequent
resident visa based on your (the principal applicant’s) eligibility.
It was similar under the old IRRV system.
I hope I've cleared that up.
Administrator
Thank you, Alan. I'm very glad if the truth for the questioner turns out to be easier than it looked to be. (I said excuse me when what I found appeared to contradict what you said, and you didn't quote any source - how the heck does that make me self-righteous?)
Jakarta, if you've got any further worries, don't forget you can ask INZ directly. http://www.immigration.govt.nz/migra...zis/contactus/ They DO reply, and within only a few days.
So this thread may be a useful resource for anyone finding it later, here's the link to the leaflet Alan mentions. http://www.immigration.govt.nz/NR/rd...vember2010.pdf
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