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Thread: Resident visa with travel conditions

  1. #1
    Join Date
    May 2015
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    India>Wellington>Queenstown
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    Default Resident visa with travel conditions

    Hello Everyone,

    Recently me and my family were approved Resident Visa with travel conditions. This means once we enter New Zealand, we will have 2 years of travel conditions. We were planning to fly to New Zealand this month end and stay for 2 years + and get Permanent Residence Visa with no travel conditions stamped on our passport.

    But now our circumstances are changed. and we wish to go to New Zealand just for one and half month. Is there any chance we can still retain our resident visa even after 2 years of travel conditions.

    I read on this link that I can extend my travel conditions up to 1 year.
    http://www.immigration.govt.nz/migra...quirements.htm

    But it has conditions - either to stay for 180+ days in a calendar year OR remain present in New Zealand for a total of 41 days along with Tax Resident status.
    I'm not sure what tax resident status exactly means. I am software consultant and 99% receive overseas payments. Can I accept all my payments to New Zealand bank account and retain my tax resident status even when I'm in India? I wish to enter New Zealand once this month and and stay for 45-50 days and come back.

    Can anyone suggest me best option please.

    Thanks,
    PSS.

  2. #2
    Join Date
    Feb 2008
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    37,824

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    The basic system is that INZ will only grant Permanent Residence to families of whom the main applicant on the Residence visa shows 'commitment to New Zealand' under one of the criteria in the lower section of the page here. http://www.immigration.govt.nz/migra...quirements.htm All the criteria involve some way in which the person shows that their life is bound up with NZ during the two years before they apply. The NZ government does not grant the lifetime right to come and go to and from NZ unless the person has been contributing to NZ society.

    A Residence visa is the right to live and work in NZ for ever, while the holder is IN New Zealand. It is travel conditions that expire. As you have seen, you will have two years' travel conditions that run from when you enter NZ and your Residence visas are activated. If you leave, but then get back to NZ just before the travel conditions run out, you would stll have the right to live on in NZ and work there, and you would be able to apply for PR whenever you would have met the conditions. Because not everyone can manage to meet the requirements within the first two years after getting to NZ, there are the other options of extending the travel conditions which you have found on the website, but again, these are only to be gained by the person showing that they have gone some way towards a commitment to NZ, meeting the conditions they mention.

    You can't be a NZ tax resident ONLY by sending your money to NZ. http://www.ird.govt.nz/international...ency/personal/ Again, there are criteria to be met, involving different ways of being based in the country.

    It is not clear from what you have said whether you ever intend to move to NZ in the future, only that you do not want to do it immediately, but that you would like to be able to enter the country freely, long term. Your situation seems to be that at the moment, you will be NZ residents when you activate the visas upon entering the country on your intended visit. If the principle applicant does not fulfil any of the criteria for establishing commitment to NZ during the two years of the travel conditions which will run from that date, and meantime the whole family go to live elsewhere, your residence will lapse. If that happens, then at a later date you wanted to move to NZ to live, you would have to start the whole residence application process over again.

  3. #3
    Join Date
    May 2015
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    India>Wellington>Queenstown
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    Thanks JandM. I apologize for not explaining things properly. I wanted to move to New Zealand for 2 years with family and get Permanent Residence Visa stamp after 2 years of stay in New Zealand and return back to India. I have even booked tickets for 26th April. But now due to some family issues, I have to stay with my parents here. I was still planning to travel on 26th april and return back to India on 15th June and stay in India for 2 years and return back to Nz before travel condition dates.

    Seems like there's no other way.

    Thanks for your answer.

  4. #4
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    Sep 2015
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    UK to WLG to UK
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    Just out of interest, did you inform INZ of your intentions at the time of your application? What you are planning might be within the letter of the law, but certainly not in the spirit of it. PR is a privilege afforded to migrants who have made a lasting commitment to a life in New Zealand and not something you become entitled to after a two year visit to the country. Think of PR as a start to a new life, not a cheap fallback option in case nothing better turns up. If there is one thing I have learned about New Zealanders is that they take a very dim view of people gaming the system.

  5. #5
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    May 2015
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    Quote Originally Posted by chapwithatui View Post
    Just out of interest, did you inform INZ of your intentions at the time of your application? What you are planning might be within the letter of the law, but certainly not in the spirit of it. PR is a privilege afforded to migrants who have made a lasting commitment to a life in New Zealand and not something you become entitled to after a two year visit to the country. Think of PR as a start to a new life, not a cheap fallback option in case nothing better turns up. If there is one thing I have learned about New Zealanders is that they take a very dim view of people gaming the system.
    Thanks, you're right.

  6. #6
    Join Date
    Apr 2016
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    To qualify for a PR visa you would need to stay in New Zealand for 184 days each yer for two years.
    Technically you can return in two years (before the travel conditions kick in) and then stay in New Zealand for two years (you would be a resident, but not able to travel without losing your resident visa) and then apply for a PR visa.

  7. #7
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    May 2015
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    Quote Originally Posted by bidnyy View Post
    To qualify for a PR visa you would need to stay in New Zealand for 184 days each yer for two years.
    Technically you can return in two years (before the travel conditions kick in) and then stay in New Zealand for two years (you would be a resident, but not able to travel without losing your resident visa) and then apply for a PR visa.
    Just a quick question about the travel conditions.

    If a person lives in NZ continuously for a year and half ( or 19 months just to be safe) once Resident visa is activated. Would that person still qualify for PR, if s/he leaves NZ after 19 months and apply PR off-shore after 24 months of holding Resident visa?

  8. #8
    Join Date
    Nov 2014
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    New Zealand
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    Quote Originally Posted by cheeryking View Post
    Just a quick question about the travel conditions.

    If a person lives in NZ continuously for a year and half ( or 19 months just to be safe) once Resident visa is activated. Would that person still qualify for PR, if s/he leaves NZ after 19 months and apply PR off-shore after 24 months of holding Resident visa?
    Yes. Essentially they will backward count 2 blocks of 365 days period from the day you apply for PRV.
    If you were in NZ for 184 days or more in each block of 365 days period (when counted backwards from the day of your PRV application); AND if all other conditions (like commitment to NZ and character requirements) are met; you can lodge an application within 3 months (after the expiration of travel condition) from an offshore location for PRV or variation in travel conditions or second or subsequent resident visa using form INZ 1175.

  9. #9
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    Oct 2015
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    Wellington
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    additional questions : after residence visa approval - How soon we have to first enter to NZ? any restrictions?

  10. #10
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    Sep 2015
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    Is this some kind of new trend where migrants move to New Zealand for a limited period with the expressed aim of being granted PR only to go back home afterwards? What kind of work would the person in cheeryking's example be doing that lasts 19 months 'just to be on the safe side'? Furthermore, why does anyone think that NZ should grant them an indefinite right to live and return to NZ after a short 19 month visit? NZ has a very generous PR system, much more generous than most other countries where PR visas tend to expire if the visa holder leaves the country. I fear that if the present system is seen to be abused, the rules may very well change in the future.

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