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Thread: Applying for Permanent Residency Overseas

  1. #1
    Join Date
    Feb 2012
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    New Zealand
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    Default Applying for Permanent Residency Overseas

    Hi All,

    I want to ask if I can apply for a Permanent Resident Visa while overseas, As I am going to leave New Zealand for the time-being and I am planning to return back, I am currently holding a resident visa which should expires on 24th January 2014 , and hence I can apply for PR after that, I will be travelling on April which means I will fulfill the requirement of being a taxpayer for 41 days at least in each year (of the two years residency ).

    Most probably I will be overseas from April 2013 to April 2014 , Which means my residence will expire while I am overseas and hence I need to apply for PRV while I am outside the country and I had the paper which show commitment to NZ.

    The question here is that I found the following link regarding that question:

    http://www.dol.govt.nz/immigration/k...base/item/1034

    I didnt understand what is meant by "You may still be able to apply for a permanent resident visa (PRV) if you have been outside of NZ for less than three months and you otherwise meet the PRV criteria."

    I dont understand that statement well and I cannot find something like that in details or same situation, As in my case I will be outside NZ for about 8-9 months before applying for the PRV while I am overseas. Is there anybody can elaborate more what is meant by that statement exactly ? Is there any other links with the same situation for other people ? Is there any more details regarding that in the NZ immigration website ?

    Thanks all for your help,
    Mark

  2. #2
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    The only other place I can find mention of applying for PR is here http://www.immigration.govt.nz/opsmanual/30505.htm in the operational manual.

    I don't know an answer to your question, and think you'd need to check with INZ on the matter.

    Reading the section about establishing commitment by being a tax resident - I wonder, would you actually still count as a NZ tax resident if you'd been out of the country for almost a year? You have to have been a tax resident for the previous 24 months, and have to have been in the country for at least 41 days in each of the two preceding 12-month periods.

  3. #3
    Join Date
    Feb 2012
    Location
    New Zealand
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    Default

    Thanks JandM for your quick response, I will contact INZ to check that matter and clarify this point.

    My residence visa has been issues on 24th of January 2012 , and expires 24th of January 2014 . I am on full-time employment before the residence visa issue date, which means I had already been as a tax payer for more than a year until the moment, so the first 12 months portion I have been more that 41 days as a tax payer. The second 12 months portion which starts from 24th of January 2013 to 24th January 2014, I will be still under the same full-time employment for about 50 days, then I will travel temporarily for about 8-9 months. I believe after staying 50 days or more in the second 12-months period, I would be qualified for the PRV visa. Am I correct or i misunderstand the criteria ???

    Thanks again JandM,

  4. #4
    Join Date
    Feb 2008
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    Default

    I agree with all that you have just written, AS LONG AS the NZ IRD would continue to consider you as a NZ tax resident during all the rest of the second 12-month period after you have left your NZ employment and left the country. I AM NOT A TAX-LAW EXPERT - I'm just a member of the public - but it strikes me that it's possible that there may be regulations that change your tax status if you leave NZ. And, according to the INZ regulations you're quoting, you have to have been a NZ tax resident for two years, and to continue to be a NZ tax resident, right up until the time you apply for PR. So you need the IRD to tell you about this aspect of your plans.

  5. #5
    Join Date
    Feb 2012
    Location
    New Zealand
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    Default

    For those who will leave New Zealand temporary, They are still tax-resident for NZ until they have been out of New Zealand for 325 days in any 12 month period and stop having an "enduring relationship" with New Zealand. It is called tthe "325 rule" in IRD . In my case I will be out of the country for a period less than that 325 days rule.

    I want to ask if someone had applied for permanent residence by the second criteria where he/she applied with the acceptable evidence includes:
    a statement from IR for the period for which you have been assessed as having tax residence status, or
    the INZ form Confirmation of Tax Resident Status (INZ 1006) completed and endorsed by IR.

    Is there anyone knows the procedures for extracting those evidences ?

  6. #6
    Join Date
    Feb 2010
    Location
    IND-AUS-NZ-AUS
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    Default

    Depending on country you travel and dual tax treaty between NZ and the other country. Your tax residence status in NZ may change.
    Please confirm with IRD on your time spent in NZ and time to be spent on others country and request them to provide you your NZ tax resident status.

  7. #7
    Join Date
    Feb 2010
    Location
    IND-AUS-NZ-AUS
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    Default

    I think you can apply at this link to find your tax residency status

    http://www.ird.govt.nz/forms-guides/...z-tax-res.html

  8. #8
    Join Date
    Sep 2013
    Location
    New Zealand
    Posts
    1

    Default

    Hi Mark,

    May I know if you have managed to find out info on your doubt - applying Permanent PR while overseas (leaving NZ for 8-9 months after fulfilling the PRV requirements)?

    Hope you could share your experience. Feel free to PM me if you prefer.

    Thanks.

    Or if anyone has the similar experience, hope to hear from you as we are also in the same situation where we need to leave the country and hope to be able to apply the Permanent PR when overseas (have fulfilled the requirements and will be away for more than 6 months before eligible to apply for Permanent PR).

    Thanks.
    regards.

    Quote Originally Posted by INZD View Post
    Hi All,

    I want to ask if I can apply for a Permanent Resident Visa while overseas, As I am going to leave New Zealand for the time-being and I am planning to return back, I am currently holding a resident visa which should expires on 24th January 2014 , and hence I can apply for PR after that, I will be travelling on April which means I will fulfill the requirement of being a taxpayer for 41 days at least in each year (of the two years residency ).

    Most probably I will be overseas from April 2013 to April 2014 , Which means my residence will expire while I am overseas and hence I need to apply for PRV while I am outside the country and I had the paper which show commitment to NZ.

    The question here is that I found the following link regarding that question:

    http://www.dol.govt.nz/immigration/k...base/item/1034

    I didnt understand what is meant by "You may still be able to apply for a permanent resident visa (PRV) if you have been outside of NZ for less than three months and you otherwise meet the PRV criteria."

    I dont understand that statement well and I cannot find something like that in details or same situation, As in my case I will be outside NZ for about 8-9 months before applying for the PRV while I am overseas. Is there anybody can elaborate more what is meant by that statement exactly ? Is there any other links with the same situation for other people ? Is there any more details regarding that in the NZ immigration website ?

    Thanks all for your help,
    Mark

  9. #9
    Join Date
    Jul 2012
    Location
    Iran
    Posts
    12

    Default

    Hi,
    I have a question, Inz has granted resident visa to me recently. Will it change to pr after 2 years easily? I know that I will need to remain inside NZ at least 184 days each year. But if I decide to change my job or study at a uni, will it affect my situation for getting a pr? (I mean after traveling to NZ).
    Thanks inadvance.

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

    Default

    Getting PR after two years is very straightforward if you are using the 'enough time in NZ' criterion - 184 days out of each of the two years before you apply. http://www.immigration.govt.nz/migra...quirements.htm You don't even have to supply any evidence, because the INZ computer knows when you have been in and out of the country. And no, when once you have Residence, what you do with your time does not have any effect on your entitlement to PR.

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