IRRV 6 months requirement

[garollous]

Hi All,

After we receive residency, initially i got a 2 year returning resident visa. I read that to get IRRV i should stay at least 6 months for 1st year and 6 months for 2nd year.

The question I have is should that 6 months be continuous ?

example , I stay for 3 months, visit my home country for 2 weeks vacation, come back and work for 3 more months. does this count 6 months or because I did not have continuous stay of 6 months it will not be counted?

Thanks for your input.

[JandM]

First thing - they have changed the name, and instead of IRRV you will now be getting Permanent Residence (not the same as old PR). http://www.immigration.govt.nz/migra.../residence.htm

Second thing - the requirement is that you should have spent at least 184 days in each of the two years since you arrived in NZ, NOT a continuous period of six months.

[nikcho]

It does not specify that the time must be continuous. So my understanding would be that 3+3 months in each 12-month period satisfies the condition. HOWEVER, make sure that the 3+3 months are actually 184 days and that you retain any proof of entry/exit (I do not know if your passport is stamped with entry/exit stamps). And only count full days, the day of entry or exit would most likely NOT be counted as presence. You may look at the other possible conditions -- any of them is fine for permanent residence: http://www.immigration.govt.nz/opsmanual/30505.htm

I would say the safest would be the second one: NZ for tax purposes. Call and ask the IRD what you should do to be considered NZ for tax purposes.

[garollous]

Hi .. Thank you. 184 days stay in a full year will not be a problem for sure.. but my friends were telling me that i should better not leave for vacation as i need 6 month continuous.. thanks for clarifying it.. now I can go on a vacation.

The tax process should also be fine I guess as I will pay income tax this march end for about 4 months and I hope I will be able to do it next year as well..

Thank you...

[JandM]

Nikcho, the vast majority of people use the residence qualification, in fact. Government computers record your arrivals and departures, so when you've been in the country is a matter of record. But you're quite right that days of leaving and departure don't count. (Unless the person is truly based in NZ and normally in regular employment, the tax option can be problematical.)