IRRV , will it work?

[sekilau]

Situation:
I have PR and RRV (2yr) on my passport. After working in NZ for 1 year, I leave NZ. However, I keep 1)saving; 2)investment (cashfund, which taxes are charged by PIR); 3) kiwisaver and 4)credit card in NZ.

Question:
Will my IRRV be approved when I apply it after my first RRV expired?

The ground is:

Unless X4.42 (Migrant Investment Policy), X4.45 (Active Investor Migrant Policy), X4.43 (Parent Retirement Category) or X4.35(a)(ii) applies, Principal applicants will be issued with an RRV current for an indefinite period if they:
i) can demonstrate a commitment to New Zealand by meeting the requirements set out in any one of the five subsections below (X4.25.1 to X4.25.20), and
ii) held a residence permit at a time which was a minimum of 2 years before the current application for an RRV was made, and
iii) have met any requirements previously imposed under section 18A.
...
X4.25.5 Tax residence status in New Zealand
*They have held residence permits for a total of 41 days or more in each of the two 12-month portions of the 24 months immediately preceding the date the application for an RRV was made (ie, in each of the two 12-month portions, a period or periods that amount to 41 days or more); and
*they are assessed as having tax residence status for 24 months in the 2 years before their application.

I paid income tax on my first year in NZ. No doubt I am tax resident in the first 12 months. For the remaining 12 months, IRD has the follow:

What is an enduring relationship with New Zealand?

A person who has a "permanent place of abode" in New Zealand is a New Zealand tax resident. "Permanent place of abode" is not just the dwelling that you live in - it covers all your social, physical, economic or personal ties and links with New Zealand. To decide if you have a permanent place of abode we look at the following:
...
Economic ties:
Do you have bank accounts, credit cards, investments, life insurance or superannuation funds in New Zealand?

My answer to the about 5 items are "Yes" to 4 of them.
http://www.ird.govt.nz/yoursituation...glongterm.html

if you are away from New Zealand for more than 325 days in any 12-month period, you become a non-resident if you do not have an enduring relationship with New Zealand. If you have an enduring relationship with New Zealand (eg with social and economic ties, personal property or accommodation here), you continue to be a resident for tax purposes.

The only uncertainty is: What does "have held residence permits for a total of 41 days " mean? Does it simple mean the residence permit was valid and was sticked on my passport? Or, does it mean more than that.

Many thank.

[IanW99]

...
The only uncertainty is: What does "have held residence permits for a total of 41 days " mean? Does it simple mean the residence permit was valid and was sticked on my passport? Or, does it mean more than that.

Many thank.

It means that you were physically in NZ for 41 days or more in each of the two years.

BTW, you are aware that you are not reviewing current policy as this was replaced on 29th November 2010 (it is much clearer in the current OPs manual that it must be 41 days in country).

Ian

[sekilau]

Thank you. I get that from the new OP manual (Nov 2010).

It means that you were physically in NZ for 41 days or more in each of the two years.

BTW, you are aware that you are not reviewing current policy as this was replaced on 29th November 2010 (it is much clearer in the current OPs manual that it must be 41 days in country).

Ian

[IanW99]

Thank you. I get that from the new OP manual (Nov 2010).

Are you saying that you have now read the latest OP manual, or that the info that you posted is from the latest OP manual?

If it is the later, then sorry no it isn't! The information you posted is definitely from the old manual i.e. the section numbers are now all different and there is no such thing as a permit.

Ian

[sekilau]

I mean I found the latest OP after you had told me that the information I got was not the latest information.

Thank you.

Are you saying that you have now read the latest OP manual, or that the info that you posted is from the latest OP manual?

If it is the later, then sorry no it isn't! The information you posted is definitely from the old manual i.e. the section numbers are now all different and there is no such thing as a permit.

Ian