Page 1 of 2 12 LastLast
Results 1 to 10 of 18

Thread: NZ Residence Visa Status with travel conditions - Please explain

  1. #1
    Join Date
    Jul 2012
    Location
    New Zealand
    Posts
    13

    Default NZ Residence Visa Status with travel conditions - Please explain

    Hi
    I've just been notified by my CO that the visa stamping is done and I can collect my passports. I was looking at my status online and found it very confusing to understand what this means
    Visa Type Passport Number Expiry Date Expiry Date Travel Number of Entries Visa Conditions
    Visa Resident XXXX Indefinite 27 Sep 2014 Visa is invalid if holder is outside NZ with expired travel conditions. Please apply for transfer of this visa when the passport expires.

    Does it mean that my visa expires the moment I leave NZ. I need to travel out of NZ for 3 weeks now , so will I need a visa to enter NZ again? This is so confusing.


    Any suggestions.. Thanks in advance.

    Regards
    Sarang

  2. #2
    Join Date
    Feb 2009
    Location
    Auckland
    Posts
    3,697

    Default

    Yes it sounds confusing at first look but when you break the sentence it means....
    Quote Originally Posted by saranga_r View Post
    Visa is invalid if holder is outside NZ with expired travel conditions.
    i.e. after 2 years if you don't apply for extension of "variation of travel conditions" (to travel in/out of NZ) or Permanent Residence visa then the status of your visa will be invalid.

  3. #3
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    Yes, as Sun777 says, your visa would only become invalid if you were out of the country AFTER your two years of travel conditions had run out.

  4. #4
    Join Date
    Jun 2013
    Location
    New zealand
    Posts
    1

    Default

    I have got the same, wondering if during the time before the expiry date. I can go out of NZ for holidays, right?

  5. #5
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    Once you arrived in NZ and activated your visa, the two years' travel conditions started running. Within the two years, you can freely go out of the country and return.

    After the two years, you can probably get PR http://www.immigration.govt.nz/migra...quirements.htm, which will mean no more travel conditions and/but you will STILL be able to come and go freely.

  6. #6
    Join Date
    Apr 2011
    Location
    New Zealand
    Posts
    250

    Default

    I am in the same situation and have completed a year here. Am wondering if after 6 months I can get the unconditional permanent residence since I will have completed 6 months of residence for the second year too. Or do I have to wait another year for that?

  7. #7
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    Notice the first paragraph on that link.

    To be eligible for a permanent resident visa the principal applicant in your original residence application must:
    hold a resident visa, or have held one in the last three months
    hold, or have held, that resident visa for at least two years continuously
    have met any conditions that your resident visa was subject to under section 49(1) of the Immigration Act, and
    have met one of five commitment to New Zealand criteria set out below.
    (my bolding)

  8. #8
    Join Date
    Sep 2013
    Location
    Japan
    Posts
    7

    Default

    Hi JandM,

    Thanks for the information. I actually in similar condition.
    I just got residence visa in Mar 2015. Recently I have been told that I may be re-allocated to US to work for an unknown period depending on the progress of the project.
    I have been a tax residence since April 2014 and I guess will still be until the day I left for US, say end of this year (2015).
    As I understand, my travel condition will expire in Mar 2017, then basically I can apply for PRV afterward as it satisfies that 2 year holding.
    In this case, I need to also satisfy that I stay at least 41 days each of the year of the immediate 2 years and have a residence tax status for "12 months". Does this mean that I have to pay tax at least 12 months between Mar 2015 to Mar 2017? Is the period I was tax residence before Mar 2015 counted? If this condition is not met, then I will not be granted PRV?
    In this worse scenario, I am thinking of applying for variation in travel conditions for 1 year, in this case, when this visa again expired, can I apply again for extend travel condition or I need to forfeit my residence visa?
    Thank you very much for your help,
    Luan

  9. #9
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    I've found this when just about to go out, but I will come back and look at the details later.

  10. #10
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    About tax resident status, the INZ regulation is here http://www.immigration.govt.nz/opsmanual/i45649.htm at RV1.15.10. You will need to talk to the Inland Revenue about exactly how they define tax residence, and what they would need in order to issue you with a certificate, assuming you did meet the definition.
    Is the period I was tax residence before Mar 2015 counted?
    No. INZ only count the time when you have been based in NZ on a Resident visa.
    I need to also satisfy that I stay at least 41 days each of the year of the immediate 2 years and have a residence tax status for "12 months"
    I'm afraid you have misread the requirement. As well as being in the country for 41 days in each year, you have to have had tax-resident status for 24 months (that is, 12 months in each of the preceding two years before your application).
    If this condition is not met, then I will not be granted PRV?
    That is correct. They would not be able to grant it that soon. Sorry.

    HOWEVER, you should be able to get a 12-month extension of your travel conditions by complying with the regulations here http://www.immigration.govt.nz/opsmanual/30495.htm, and look at RV3.20.10 here http://www.immigration.govt.nz/opsmanual/30498.htm, and I think this may sort out your situation, as long as it is your NZ employer who is wanting you to work overseas.

    Whenever you are back in NZ after any time you have to spend overseas, and can at last fulfil any of the conditions for PR - say, either 'time spent' or 'tax residence' - you can apply for your PR. At the time of application, even if that is five or six years in the future, you have to look at the two twelve-month periods immediately before that for your evidence.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •