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Thread: Immigration Act 2009 - Questions

  1. #1
    Join Date
    Dec 2008
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    14

    Default Immigration Act 2009 - Questions

    Hi All,

    I went through the links that J&M had posted for another question of mine and still am not able to understand clearly the process, my residence visa was approved on 09 February 2010 and stamped on my passport on 14 July 2010 , It is valid till July 2011 .

    I will be moving to NZ in May 2011 but wanted to go out and come back , previously the RRV let me go this with 2 yrs of valdity from the date of entry .

    1)Does the new rule changes that? ..

    2) assuming my residence visa with 2yrs validity (MAY-2013) 1st time
    entry ( MAY-2011) is valid and i enter back into NZ (April -2013) before its expiry .. will i be able to apply for a second or subsequent resident visa.... I am not getting this part of the law....

    the following link is not very clear on that process... any comments!!!!

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

    Please send me some details and guide me with the new process as i am planning to move to NZ in three months time.

    Thanks

  2. #2
    Join Date
    Feb 2008
    Posts
    37,847

    Default

    The new names in the new law do not change these parts of your entitlement.

    You say you are moving to NZ in May, 2011, at which point your visa will be activated. You will have two years of Residence with travel conditions, which is the same as what the old system called PR with RRV, so you will be able freely to come and go in that time. You have to be back in NZ, intending to settle and establish your commitment to the country, before those two years are up. Once you have established your commitment to the country (normally by living more than half your time here), you will be entitled to Permanent Residence (the new sort, equivalent to PR with IRRV).

    The link you have posted is saying all that - the situation has not been changed by this new law. It is just the names that make it confusing.

    You do not need to worry about new visas, variations of conditions, etc., if you arrive back in NZ to settle before the two years are up. When you are IN New Zealand, travel conditions do not impinge upon you. It's those whose travel conditions expire when they are out of the country who may have difficulties in getting a renewal.

  3. #3
    Join Date
    Feb 2008
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    37,847

    Default

    BTW, if you are still confused and unhappy, I suggest asking your question of INZ directly, for reassurance.

  4. #4
    Join Date
    Dec 2008
    Posts
    14

    Default

    Quote Originally Posted by JandM View Post
    BTW, if you are still confused and unhappy, I suggest asking your question of INZ directly, for reassurance.
    Thanks for your speedy reply JandM... Most of the things you mentioned makes sense to me ... Only open question is the second Resident VISA extention ? what if i dont qualify under the rules of second Resident VISA extn and i am inside of NZ .... does it mean i just cant fly out till i renew my Resident VISA.... will i still be a " LEGAL resident " and will i be allowed to validate/Extend my Resident VISA after i meet any one of their conditions ?

    I appreciate all your help..

    Seth

  5. #5
    Join Date
    Feb 2008
    Posts
    37,847

    Default

    The new law has done away with the difference between 'visa' and 'permit' which used to exist. Now, they grant a visa, which allows a person BOTH to travel to NZ, AND to live there (for whatever specific purpose).

    While within NZ and within the terms of your visa, you are legally resident and don't need to renew anything. As you are intending to leave settling in NZ till late in the run of your two years' travel conditions, you would probably only be eligible to renew for fourteen days in the first instance. This is the page that deals with all that aspect of things. http://www.immigration.govt.nz/migra...quirements.htm It is exactly how things used to be with RRV and IRRV, just different names. The way you are choosing to do things, you will have to expect that you won't have the legal right to go out of the country for very long, and come back freely, until you have lived there on a settled basis for long enough to prove your intentions in official eyes.

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