Merry Xmas guys, Urgent Help needed, Pls

[kb8mo]

Hi Guys:
I am currently holding a resident visa, and planning to apply for permanent resident visa when my RV's travel condition expires.
However, I DO NOT want to apply for PR in the same way as many people would do, which is to meet the requirment of spending enough time in NZ(184days per year, for the two years period) as below:
" RV2.5.1 Significant period of time spent in New Zealand
A principal applicant has demonstrated a commitment to New Zealand if they have been in New Zealand as a resident for a total of 184 days or more in each of the two 12-month portions of the 24 months immediately preceding the date their application for a permanent resident visa was made (ie, in each of the two 12-month portions, a period or periods that amount to 184 days or more)."

Instead, I am planning to apply PR viaAs it allows the applicant to only stay in NZ for 41 days for the second year)

"RV2.5.20 Base established in New Zealand
A principal applicant has demonstrated a commitment to New Zealand if they have established a base in New Zealand. A principal applicant is considered to have established a base in New Zealand if:
each and every member of their immediate family who was included in their application for a resident visa has resided in New Zealand for at least 184 days in the two year period immediately preceding the date the application for the permanent resident visa was made; and
they have been in New Zealand as a resident for a total of at least 41 days in the 12 months immediately preceding the date the application for the permanent resident visa was made; and either
they own and maintain a family home in New Zealand; or
they have been engaged in full time continuous genuine employment in New Zealand immediately preceding the date the application for the permanent resident visa was made."


What confuses me is that is this section applicable on sole applicant, or it has to apply on principle applicant with family member.
My original plan was to meet the 184 days for first year time, then work 9 months in total, and stay for around 2 months for the second year provided if this option is available for sole applicant

I made several calls to INZ, trust me, they do not understand anything on such rare option. No confirmed and solid answer that I could get


Thanks

[Raju]

Hi,

We applied in 2-years 184-days way (me and family in NZ for the whole period). So I am not sure about the next one.

But I heard from people that if the stay is 41-days, they showed land / house on their name to convince INZ that they are established in NZ.

Regards,
Raju

[JandM]

I suggest you ask this question of the LIAs who post on our forum - ChrisMwn and Karen Phillips. If they don't see this thread, try PMing them.

(My GUESS is that this will be a 'no'. Just on interpreting the words in the regulations, and using logic, I rather doubt that option would be available to someone without a family. The whole basis of this criterion seems to be that, even if the main applicant is coming and going, their family is their 'anchor' in NZ, in the home they have bought. Without the family and home to come back to, I don't see how the applicant, who, under your suggested scenario, has been gone from NZ by then for ten months, could be said to be showing commitment to NZ.)

[ChrisMwn]

yes my view is that if you are going to go this route then "each and every member of their immediate family who was included in their application for a resident visa has resided in New Zealand for at least 184 days in the two year period immediately preceding the date the application for the permanent resident visa was made" if there is no immediate family included in the original application then you couldn't satisfy this clause.

[kb8mo]

yes my view is that if you are going to go this route then "each and every member of their immediate family who was included in their application for a resident visa has resided in New Zealand for at least 184 days in the two year period immediately preceding the date the application for the permanent resident visa was made" if there is no immediate family included in the original application then you couldn't satisfy this clause.

Thanks a lot

[everest]

Interesting... But what if the original basis of the residence application /grant was for partnership residence visa and my spouse was a New Zealand citizen sponsor with me being the only immediate family she would have. I could effectively still be the sole applicant and we satisfy the criteria in clause RV2.5.20?