Residence to PR (Established Base Criteria)

[haboustait]

Hi,
Due to family issues, my wife and my children will have to move overseas and most probably I will join them later. I aim to apply for the PR so that we can return back anytime to New Zealand. The below PR requirements from INZ website:

To be eligible for a permanent resident visa (PRV) the principal applicant in your original residence application must:

hold a resident visa, or have held one in the last three months
hold, or have held, that resident visa for at least two years continuously
have met any conditions that your resident visa was subject to under section 49(1) of the Immigration Act
meet relevant character requirements, and
have met one of five commitment to New Zealand criteria set out below.

May I know:
1- When is the duration of residence visa is counted? is it from first entry date or the date residence is granted?
2- What is the difference between criteria 1 and 2 mentioned above?
3- Can I apply for PR from overseas?

Thanks

[JandM]

1. Time is counted from when your visa was activated upon first arrival and presenting your passport at Immigration at the airport. (This is automatically logged in the INZ computer.) But notice, they count BACKWARDS from the date of application for PR, to check the PREVIOUS two years, which must fall within the time since your Residence was activated.

2. Talking about these lines, I assume?

hold a resident visa, or have held one in the last three months
hold, or have held, that resident visa for at least two years continuously

Okay, to be able to apply, you would have to presently hold the Residence visa, being still in NZ, or else you might be in the position of that visa having lapsed because you have left NZ and your two years' travel conditions have expired, but that only happened within the previous three months. That timing is CRUCIAL.

3. Yes, you can. See Step 3, here. http://www.immigration.govt.nz/migra...teps/apply.htm

[haboustait]

Thanks for the clarification but I am little bit confused re the 3 months timing.

To confirm my understanding: Suppose that the residence visa was granted Aug-13 and first entry is Dec-13 (travel condition expires Dec-15 and therefore the visa). Then I left NZ during Mar-15, then I will apply for PR after Dec-15 (to cover 2 years after first entry)? In this case my visa will already be expired due to expiry of variation conditions, and I have to apply within 3 months from the expiry date?? Is that correct?

Thanks to confirm / correct my understanding.

[ChrisMwn]

Yes you can't apply before December 2015 and must apply by March 2016. You would need to have spent 184 days in nz between December 2013 and December 2014 and another 184 days between December 2014 and December 2015( or by March 2015 when you leave) . You could also apply for a further RV if you met the requirement in the first year but not the second

[Ankur]

Hi JandM and ChrisMwn,

[QUOTE=1. Time is counted from when your visa was activated upon first arrival and presenting your passport at Immigration at the airport. (This is automatically logged in the INZ computer.) But notice, they count BACKWARDS from the date of application for PR, to check the PREVIOUS two years, which must fall within the time since your Residence was activated[/QUOTE]

Yes you can't apply before December 2015 and must apply by March 2016. You would need to have spent 184 days in nz between December 2013 and December 2014 and another 184 days between December 2014 and December 2015( or by March 2015 when you leave) . You could also apply for a further RV if you met the requirement in the first year but not the second

I am getting confused with the 2 year rule. To clear my confusion, I am citing few examples , please guide which is correct and which one is not.

A person gets Resident visa stamped on Oct-2014 with 2 year conditions.
Resident Visa activated in Jul-2015 (First time entry) which means that he/she has 2 years Jul-2017 to satisfy the 2 year rule and if not, why?

Condition 1.
a. 184 days spent between Jul-2015 and Jul-2016 (full year)
b. 184 days spent between Jul-2016 and Jul 2017 (full year)
c. PR application filed on Jul-2017

Condition 2
a. 184 days spent between Jul-2015 and Jul-2016 (full year).
b. Applicant moved out of NZ in Jul-2016
c. Applicant came back in NZ and spend 184 days before Jul 2017
d. PR application filed on Jul-2017

Condition 3
a. 184 days spent between Jul-2015 and Jul-2016 (applicant was in NZ for a complete year).
b. Applicant moved out of NZ in Jul-2016
c. Applicant came back in NZ in Jun-2017 and spend 184+ days till Dec-2017
d. PR application filed on Dec-2017

Condition 4
a. 184 days spent between Jul-2015 and Jan-2016.
b. Applicant moved out of NZ in Jan-2016
c. Applicant came back in NZ in Jun-2017 and spend 184+ days till Dec-2017
d. PR application filed on Dec-2017

Regards,
Ankur

[haboustait]

Hi JandM and ChrisMwn

Thanks for the elaboration. What if I have stayed 184 days in year 1 and less than 184 in year 2? I understand that I can be still qualified for PR under the established base criteria where by March 2015 I will be having more than 9 months in full time role and my family members stayed more than 184 over 2 years. Is that correct?

Thanks

[JandM]

Hi JandM and ChrisMwn

Thanks for the elaboration. What if I have stayed 184 days in year 1 and less than 184 in year 2? I understand that I can be still qualified for PR under the established base criteria where by March 2015 I will be having more than 9 months in full time role and my family members stayed more than 184 over 2 years. Is that correct?

Thanks

You can't mix and match the criteria for 'commitment to NZ'. You have to qualify under just ONE of the headings, for the full two years.

[JandM]

A person gets Resident visa stamped on Oct-2014 with 2 year conditions.
Resident Visa activated in Jul-2015 (First time entry) which means that he/she has 2 years Jul-2017 to satisfy the 2 year rule and if not, why?

Yes, that's right. But bear in mind that if he applies in July of 2017, INZ will be looking BACKWARDS, at the years July 2016 to 2017, and July 2015 to 2016.

Condition 1.
a. 184 days spent between Jul-2015 and Jul-2016 (full year)
b. 184 days spent between Jul-2016 and Jul 2017 (full year)
c. PR application filed on Jul-2017

That would work.

Condition 2
a. 184 days spent between Jul-2015 and Jul-2016 (full year).
b. Applicant moved out of NZ in Jul-2016
c. Applicant came back in NZ and spend 184 days before Jul 2017
d. PR application filed on Jul-2017

That would work.

Condition 3
a. 184 days spent between Jul-2015 and Jul-2016 (applicant was in NZ for a complete year).
b. Applicant moved out of NZ in Jul-2016
c. Applicant came back in NZ in Jun-2017 and spend 184+ days till Dec-2017
d. PR application filed on Dec-2017

Not necessarily, because INZ would be looking at the two two-year periods before the application. Dec 2016 to Dec 2017 would be all right. December 2015 to 2016 might not be all right, depending on when in July the applicant left, and what actual date in December the return occurred, and when the application goes in. It is literally dependent on counting DAYS.

Condition 4
a. 184 days spent between Jul-2015 and Jan-2016.
b. Applicant moved out of NZ in Jan-2016
c. Applicant came back in NZ in Jun-2017 and spend 184+ days till Dec-2017
d. PR application filed on Dec-2017

Again, looking at the two two-year periods before the application. December 2016 to Dec 2017 would be all right. Dec 2015 to Dec 2016 not all right because the applicant left some time in January so only clocked up a few days in NZ. The time before that wouldn't be counted at all. So this scenario doesn't work.

[Ankur]

Thanks JandM. It clears all as of now.
My thanks and gratitude to you.

Regards,
Ankur

[haboustait]

Thanks a lot for your help