Residency visa queries

[kelzer]

Hi,

I have a Residence visa issued under SMC. The visa end date is in September 2014. I'm currently not living in NZ and haven't got two years worked yet to apply for PR.

If I go back to NZ before the visa expiries, how can I extend the expiration of the visa? If I let the expiry lapse while out of NZ, will my residence visa be expired for good i.e. will I have to apply under SMC for residency again before entering NZ or can I enter on another visa?

Many Thanks!

[Karen Phillips]

Hi. If you are outside NZ when your travel conditions expire your residence status expires. You can return to NZ before then and apply for a variation of Conditions to extend your Travel Conditions - but you still have to meet certain criteria. The criterion is ONE of the following.

RV3.5.1 Time spent in New Zealand

To meet the requirements regarding time spent in New Zealand, the principal applicant must have been in New Zealand as a resident for a total of 184 days or more in at least one of the two 12-month portions in the 24 months immediately preceding the date the application for a variation of travel conditions was made (ie, in at least one of the two 12-month portions, a period or periods that amount to 184 days or more).

RV3.5.5 Tax residence status and limited time spent in New Zealand

To meet the requirements regarding tax residence status and limited time spent in New Zealand, the principal applicant must:
a.have been in New Zealand as a resident for a total of 41 days or more in at least one of the two 12-month portions of the 24 months immediately preceding the date the application for a variation of travel conditions was made (ie, in at least one of the two 12-month portions, a period or periods that amount to 41 days or more); and
b.be assessed as having tax residence status for 12 months in the 2 years before their application.
If you meet one of these you can apply for an extra 12 months by completing INZ1175 and paying $180.00. However, you would need to spend at least 184 days of the following tear (or meet the tax residence criterion) in order to the be eligible for PR. If you don't, once you leave NZ, you will no longer have residence status. Hope this helps. Karen

[kelzer]

Thanks Karen,

So I will still be allowed into NZ just before my residency expiration date? I have spent limited time in NZ during my 2 year residency window and wondering how long before I can apply for a variation of travel conditions once there.

[Karen Phillips]

Hi. You have to be have been in NZ for at least 184 days in the previous 12 months prior to your application unless you meet the requirements for tax residency while you were out of NZ . In other words, get back to NZ and stay there for 6 months, then apply for VoC. This will only give you a further 12 months of residence. You will need to stay for 18 months to meet the criteria to progress to Permanent residence. Cheers. Karen