Residency to PR from Abroad Question

[hac1989]

Hi there,

Hoping someone can help...

I need to know whether or not I can apply for my PR from abroad. I have completed both the 182 day periods in each before I apply but I will be outside New Zealand on the day my travel conditions expire, making my visa expired.

Is it possible to apply for PR from abroad with expired travel conditions but having met all the other criteria?

I have read the guide but leaves me a bit confused

Many Thanks for any help

[MLVB]

Just quoting publicly available information from INZ. Please note that you must spend 184 days in NZ during each of the preceding two years before your application NOT 182 as you state above...

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Permanent Resident Visas
A Permanent Resident Visa is usually the next step after being granted a Resident Visa. While Resident Visas have travel conditions that only allow a person to re-enter New Zealand as a resident until a certain date, a Permanent Resident Visa allows indefinite re-entry to New Zealand. If you were the principal applicant of the original residence application, you can obtain a Permanent Resident Visa if you:
- have held your resident visa for at least two years, and
- have met any conditions of your Resident Visa, and
- have shown a commitment to New Zealand in one of the five ways that meet our requirements.

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).

If you're out of New Zealand and don't have travel conditions
If you are outside New Zealand without valid travel conditions allowing you to re-enter as a resident, your Resident Visa has expired. However, if you haven’t been outside of New Zealand long, you may still be able to either obtain a Permanent Resident Visa or a new Resident Visa.

[JandM]

I need to know whether or not I can apply for my PR from abroad.

Yes, if you meet the requirements.

I have completed both the 182 day periods in each

The 'living in NZ' requirement is for 184 days in each of two 12 month periods before the application, not 182.

before I apply but I will be outside New Zealand on the day my travel conditions expire, making my visa expired.

Is it possible to apply for PR from abroad with expired travel conditions but having met all the other criteria?

That doesn't matter if it is no more than three months since your visa was still valid, and you meet the requirements.

See here. https://www.immigration.govt.nz/new-...BR&applying=no Look under the Evidence for Resident visa status. And look under Commitment to New Zealand. Also note the Character requirements.

[hac1989]

Thanks for the replys. Yeah, sorry meant 184 days, which i have met. So is it just a case of handing my passport in once I've held the visa for two years?

[JandM]

Using that 'time in NZ' criterion, you don't have to prove anything, because it's all in their computer already, whenever you've been in and out of the country.

See at the bottom of the page of that link for exactly what form you have to use and where to apply.

[hac1989]

Thanks again. Makes more sense.

How would I answer this question? I'm assuming no as it would be exactly two years as my visa would expire on the day after the travel conditions. Why would you not be eligible for PR if it your visa had been granted more than 2 years ago?

Part B: Former resident visa holders
"2. Was the resident visa that you held granted more
than two years before the date it expired?
Yes Complete Section F: Second or subsequent resident visa'
No Go to question 3"

[JandM]

In your situation, you would answer 'no', as you thought. That other part doesn't immediately makes sense to me, either.

[hac1989]

Thanks,

I'm correct in assuming a travel condition isn't a section 49 condition?

[JandM]

You're correct. A Section 49 (1) condition can be anything applying to an individual case. The most common one, though, is if someone has applied for residence from abroad with a NZ job offer, then the condition is that they must take up that job within three months of arriving in NZ, and work in it for at least three months: when they prove to INZ that they have done that, a new visa label is issued without the condition.

Travel "conditions" aren't really conditions at all. They're more like a permission.

[pss]

In your situation, you would answer 'no', as you thought. That other part doesn't immediately makes sense to me, either.

Hi JandM,

I'm confused at this question as well.

Part B: Former resident visa holders
"2. Was the resident visa that you held granted more
than two years before the date it expired?
Yes Complete Section F: Second or subsequent resident visa'
No Go to question 3"

Here's my timeline and plan :
Details : Wife has PR since 2001, She moved to India in 2009 after getting married. Stayed in India for 7 years. I applied for my residency as principal applicant having my 6 year old son as non principal applicant.
Granted visa : Jan 15 2016
First Entry (Activated Visa) : Apr 27 2016
Living in New Zealand since then.

Plan :
Wife is due 2nd child April 2018. We are planning to move back to India and deliver baby there. Both me and my son will fulfil 184 days criteria by the time we move back to India in Dec 1017. Plan is to apply for Permanent Resident Visa once our resident visa expires on 28th April 2018.

I think my answer to that question will be "YES" as my visa grant date was 15/01/2016 which is more than 2 years before my visa expired? In that case I can't apply for Permanent resident visa and have to apply for second resident visa? I'm so much confused. Please help.

Thank you.