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Thread: Applying for new travel conditions

  1. #1
    Join Date
    Sep 2010
    Location
    UK
    Posts
    2

    Default Applying for new travel conditions

    Hi,
    Just wondering if anyone can give advise on the following.

    Our residence visa 2yr travel conditions are due to expire in middle of Feb 2014 but we are currently outside NZ and have only stayed in NZ for 1 month during this time. Can someone please clarify the following questions:

    1. To continue my visa is my only option to get back to NZ before middle of Feb 2014?
    2. If I get back to NZ before travel conditions expire, how many months do I need to be there before I can apply for a variation of travel conditions & how long would it allow me time out of NZ if any?
    3.How long in total to gain PR?
    4. I am the principal applicant but my partner and child will be unable to get to NZ before their travel conditions expire. What are their options - will they need to apply for a second/subsequent resident visa or will they have to apply from the very start with medicals etc?

    Thanks

  2. #2
    Join Date
    Feb 2013
    Location
    UK
    Posts
    1,547

    Default

    Hi. If you are outside NZ when your travel conditions expire you would have to ask for special dispensation to get a variation of conditions and as you have spent so little time in NZ, I suspect that you would not get a VOC (but I don't all your circumstances of course). If you are in NZ when they expire, you would have to wait until you had been there for 184 days (unless the one month you have spent there is fairly recent, when it would be 5 months not 6). Then you could apply for a 12 month VOC. At the end of the 12 months, if you had not been in NZ for at least 184 days in each of the preceding 2 years, you would not get any further variation. If you were in NZ for at least 184 days in each of the preceding 2 years you would be eligible for PR. There are alternative options around tax residence, but I have no way of knowing if this applies to you. If you think it might, I suggest you contact the IRD.

    I have read everything I can find on partners and children of PAs, but as nothing is stated I guess the same would apply to them as to you. If you think you have good reason to be considered a special case, it would be worth contacting INZ London and talking to them. I have copied the regulation for you. See below

    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.

  3. #3
    Join Date
    Sep 2010
    Location
    UK
    Posts
    2

    Default

    Thanks for your help.

    So if I get a 12 month VOC after being in NZ for the 184 days, can I leave for 2-3 months within the 12 months before coming back & commencing a further 184 days in NZ?

    Thanks

  4. #4
    Join Date
    Feb 2013
    Location
    UK
    Posts
    1,547

    Default

    HI. Yes, this would be fine. So long as you end up with a total of 184 days in each of the previous two year at the point in time when you apply for PR, you should be fine. You might have to re-apply for residence for your family members - I am really not sure. However, you could apply for them as a partner and dependent of a resident. However, if there are strong reasons why they can't be back in NZ, you might find a sympathetic ear at INZ. Best of luck!

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