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Thread: Base established in New Zealand with Nine Months Full-Employment

  1. #1
    Join Date
    Feb 2012
    Location
    New Zealand
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    10

    Default Base established in New Zealand with Nine Months Full-Employment

    Hi All,

    I have an inquire about converting from Resident visa to Permanent Residence visa, where I am already here in New Zealand since July 2011 on silver fern job search visa , and i successfully manage to get a full time job starting from August 2011 , Then I applied for residence and it is approved and issued January 2012 , So I am now Resident with 2 years Resident Visa which will expires January 2014 and I have to apply for Permanent Visa on January 2014.

    I had some problems that may prevent me from continuing the second year while I am resident in NZ and I have to return back to UK, but I want to make sure that I am eligible for PR before leaving NZ as I am planning to return back but may be after 2-3 years from now. I was looking in the eligibility for the Permanent Residence ( Base established in New Zealand ) where it says:

    "you have been genuinely employed full-time in New Zealand, in paid employment, for a total of at least nine months in the two-year period immediately before lodging your permanent resident visa application. Employment involving payment by commission and/or retainer is not acceptable."

    I am full employed since August 2011 and My resident visa has been issues on January 2012 , so I had spent more that nine months as full-time employee here in New Zealand, Is that means that I am eligible for applying for Permanent Resident Visa on the next January 2014 with that condition or I am misunderstand this condition ?

    Thanks for your help,
    Mark

  2. #2
    Join Date
    Feb 2008
    Posts
    37,822

    Default

    I don't think this is going to work for you, I'm afraid. That page http://www.immigration.govt.nz/migra...quirements.htm you are looking at must be looked at as a whole to begin with. You must meet all conditions of the top section, firstly, including that you have to have a minimum of two years as holder of a Residence visa before you can apply.

    Then, you have to meet ONE of the conditions listed below, in its entirety. If you are going for 'Established base in New Zealand', this does not ONLY involve having been employed for nine months.
    First, this.
    You have been in New Zealand as a resident for a total of at least 41 days in the 12-month period immediately before lodging your permanent resident visa application, and all members of your immediate family who were included in your residence application have resided in New Zealand for a total of at least 184 days in the two-year period immediately before lodging your permanent resident visa application.
    So in the year in the run up to being able to apply in January, 2014, you would have had to have at least 41 days in NZ.

    Then, you have to ALSO meet this, with my bolding.
    you have been genuinely employed full-time in New Zealand, in paid employment, for a total of at least nine months in the two-year period immediately before lodging your permanent resident visa application.
    So you have to have nine months employment between January 2012 and January 2014, if January 2014 is when you will apply for PR.

  3. #3
    Join Date
    Feb 2012
    Location
    New Zealand
    Posts
    10

    Default

    Thanks for your quick reply JandM. I believe that I understand your point now , As now I met the nine months full time employment in the two years period ( Jan2012 - Jan 2014 ) , but I didnt meet the 41 days in the second year ( Jan 2013 - Jan 2014 ) . My Resident visa has been issues on 24th of Jan 2012 , so adding 41 days in the second year which started on 24th of Jan 2013 , I have to wait in NZ with full time employment till the start of March 2013 to fullfill the 41 days and then I can leave NZ and apply for Permanent Residence on Jan 2014 under tax residence status.

    I still confused

  4. #4
    Join Date
    Feb 2008
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    37,822

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    No need to be confused - you've got it right, I think. It's just making sure that you meet EACH and EVERY condition. If in doubt, ask INZ to check it out for you, before you leave.

  5. #5
    Join Date
    Feb 2012
    Location
    New Zealand
    Posts
    10

    Default

    Is there any ways to get exceptional Permanent Residence Visa before leaving ?

  6. #6
    Join Date
    Feb 2008
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    I don't think so. The only way I've heard of this happening as a regular thing is for someone who has been married for many years to a NZer living abroad, who then applies for Residence under partnership.

  7. #7
    Join Date
    May 2012
    Location
    New Zealand
    Posts
    182

    Default

    Can someone apply directly for PR if (s)he is on SFV and gets employed in high skilled category?

  8. #8
    Join Date
    Feb 2008
    Posts
    37,822

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    They can apply for Residence, under the Skilled Migrant Category, directly from a SFV. PR (Permanent Residence), as mentioned above and in the links, is normally only available after a minimum of two years on a Residence visa, with other conditions.

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