Requirements for a permanent resident visa : criterion 5

[shrisha]

Greetings:

I searched through this forum and on the Internet, but couldn't find an appropriate explanation and thought I would ask here hoping someone would be able to simplify this for me.

The issue is in regards to criterion 5 listed under this link:

http://www.immigration.govt.nz/migra...quirements.htm

which states:

"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."

Does the 184-day rule apply to ALL applicants, including the principal applicant, OR
Does the 184-day rule only apply to the immediate family members included in the residence application, in conjunction with the "other" requirement that mandates the primary applicant to be present in NZ for at least 41 days in the 12-month period before lodging the PR visa application?

This can make a lot of difference for those that rely on a single family member for their bread and butter, as making a move + buying a house (under one of the conditions listed in that criterion) would require someone to continue working for some time.

Thanks in advance for your input.

[dharder]

I'm not sure I understand your question.

If you want to apply for permanent residence after having held your residence visa for two years, the assumption is that you live and work in NZ prior to the application. As far as I know, as stated in your quote, the main applicant has more stringent requirements than the rest of the family. Where do you see the problem with working?

[JandM]

Does the 184-day rule only apply to the immediate family members included in the residence application, in conjunction with the "other" requirement that mandates the primary applicant to be present in NZ for at least 41 days in the 12-month period before lodging the PR visa application?

That's right. This option is based on the idea that EVEN IF the main applicant goes out of NZ for quite extensive periods of time (maybe to continue to earn from previous connections abroad), his/her base is there in NZ, as proved by the presence of the family, and home ownership or a period of NZ employment.

But have you realized that you don't HAVE to use this criterion? The first paragraph on that page is for everyone, but after that, they only have to fulfil ONE of the other five sets of conditions.

[shrisha]

Thanks JandM.. that clarified my doubt!
I did review rest of the criteria, but none of them appeared viable to me at this point (mainly due to the reason below).

Hello dharder - the issue is I need to continue with my current job outside of NZ for the next couple years. No problem with working in NZ; it's just that I can only be physically there for so long based on my current condition, with a good hope that the actual move is eventually going to happen. That said, the family will be delighted to be there, albeit far away from me for some time.

[dca777]

Hi shrisha, can you please enable your private message if OK, wanted to discuss this at length since I am in the same boat , I had actually discussed this with INZ

Thanks

[JandM]

He will need to make five posts for PMing to be automatically switched on.

[shrisha]

yep, sorry -- I don't seem to have an option to enable it myself.
Getting close to 5 posts.. ;-)

[JandM]

Just put one-word posts on here to boost the total if there's nothing else you want to comment on or ask about.