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Thread: Permanent resident visa 24 months period

  1. #1
    Join Date
    Aug 2012
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    Default Permanent resident visa 24 months period

    Hi guys,
    have been reading through PR conditions
    http://www.immigration.govt.nz/opsmanual/30505.htm

    One thing is confusing me. Isn't b) superfluous if any requirement under a) is met, or am I missing something?


    RV2.5 How do resident visa holders or former holders qualify for a permanent resident visa?

    Upon application principal applicants will be granted a permanent resident visa if:

    a) they either:
    i. hold a resident visa, and have held that resident visa continuously for at least 24 months at the time of application; or
    ii. have held a resident visa in the three months before the application is made, and had held that resident visa continuously for at least 24 months before it expired; and

    b) their first day in New Zealand as a resident (R5.66.1(b)) was at least 24 months before the application is made; and

    c) they can demonstrate a commitment to New Zealand by meeting the requirements set out in any one of the five subsections below (RV2.5.1 to RV2.5.20); and
    d) they have met any conditions imposed under section 49(1),of the Immigration Act 2009;


    thanks

  2. #2
    Join Date
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    Default

    I might be wrong, but the way I read it you can satisfy a) without ever setting foot in New Zealand. So you need to do a) and b) and c) and d).

  3. #3
    Join Date
    Feb 2008
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    That 'first day in New Zealand as a Resident' mentioned in b) is essential in order to activate the Residence visa. So, the situation is that the applicant has to have held an activated Residence visa for at least two years (that is implied by a) and b)).

  4. #4
    Join Date
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    SA
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    Hello,
    I need similar clarification.

    http://www.immigration.govt.nz/opsmanual/45650.htm

    RV1.20 Determining the eligibility of non-principal applicants


    a. The only requirement for the grant of a permanent resident visa to a non-principal applicant is that the principal applicant must hold a permanent resident visa, unless:
    i. the non-principal applicant is excluded by the provisions of RV2.1; or
    ii. the provisions requiring a secondary applicant to be assessed independently of the principal applicant apply (RV1.20.1 to RV1.20.20); or
    iii. the non-principal applicant has never been in New Zealand as a resident (as required by RV1.5(d)).


    d. A non-principal applicant will be granted a second or subsequent resident visa based on the eligibility of the principal applicant for a variation of travel conditions, second or subsequent resident visa or permanent resident visa, unless
    i. the non-principal applicant is excluded by the provisions of RV4.1; or
    ii. specific instructions in RV1.20.1 to RV1.20.20 apply; or
    iii. the non-principal applicant has never been in New Zealand as a resident (as required by RV1.5(d)).


    The confusing part is that RV1.20 a. says the non-principal applicant is eligible for PR if the principal applicant holds PR. But RV1.20 d.says the the non-principal applicant is eligible for second resident visa if the principal applicant is eligible for PR.


    My question is
    If I am the principal applicant and I do meet PR requirements, but the non-principal applicants have activated their resident visas but have not spent those 184 days in each year.
    If we apply for PR at the same time will the non-principal applicants be approved for PR or subsequent resident visa

  5. #5
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    From what you say, the terms of RV1.20 b will apply to your family, as long as you apply for PR for them at the same time as for yourself.
    The only requirement for the grant of a permanent resident visa to a non-principal applicant is that the principal applicant must hold a permanent resident visa, unless:

    the non-principal applicant is excluded by the provisions of RV2.1; or
    the provisions requiring a secondary applicant to be assessed independently of the principal applicant apply (RV1.20.1 to RV1.20.20); or
    the non-principal applicant has never been in New Zealand as a resident (as required by RV1.5(d)).
    Clause d is saying what can be granted if secondary applicants apply for something different (that is, NOT permanent residency) for some reason.

  6. #6
    Join Date
    Apr 2011
    Location
    SA
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    Thank you very much for the answer JandM!!!

    Just one more thing

    This link to opsmanual says what can be done if PR application is rejected.
    http://www.immigration.govt.nz/opsmanual/30506.htm

    But how PR application can be rejected if conditions from

    http://www.immigration.govt.nz/opsmanual/30505.htm

    are met?

  7. #7
    Join Date
    Feb 2008
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    Well, exactly! IF the conditions are met, they'll get their PR. But if someone is, for instance, operating on the wishful thinking band, hoping that INZ won't notice that they are not QUITE within the regulations for PR, then PR will be rejected, but they will be kindly offered something lesser, as long as they meet the conditions for that.

  8. #8
    Join Date
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    Bear in mind also that any significant convictions that could affect character considerations between residence and PR can be a reason to refuse PR. See - RV2.5 (NB RV2.10 refers to people applying under Investor category)
    How do resident visa holders or former holders qualify for a permanent resident visa? Upon application principal applicants, except for those to whom RV2.10 applies, will be granted a permanent resident visa if:
    a. they either:
    i. hold a resident visa, and have held that resident visa continuously for at least 24 months at the time of application; or
    ii. have held a resident visa in the three months before the application is made, and had held that resident visa continuously for at least 24 months before it expired; and
    b. their first day in New Zealand as a resident (R5.66.1(b)) was at least 24 months before the application is made; and
    c. they can demonstrate a commitment to New Zealand by meeting the requirements set out in any one of the five subsections below (RV2.5.1 to RV2.5.20); and
    d. they have met any conditions imposed under section 49(1),of the Immigration Act; and
    e. they meet character requirements for residence (see A5).

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