Residency to Permanent Residency

[jsher]

Hi All,

I am looking to convert my residency to permanent residency, and I have a bit of issue, I travel overseas quite a lot for work. Although I still paid my taxes to Inland Revenue in NZ for the first year, I had to do a bit of work in UK where I ended up paying taxes in UK for 6 months, so the options I have are the ones that has the 41 day requirements:

Looking at the below:

You have established a base in New Zealand

You have established your base in New Zealand by having:

a. lived in New Zealand as a resident for at least 41 days in the year before you applied for permanent residence
b. and everyone else included in your residence application has been living in New Zealand for at least 184 days in the 2 years before you applied for permanent residence

You must also have either:

a. Purchased a home 12 months before or after becoming a resident, still own that home and live there now, or
b. worked full-time in New Zealand for 9 months or more in the 2 years before you applied for permanent residence.


I dont have family members included in my applications, does this mean that I cannot apply to this category?

If not what else can I apply under? Any advise would be greatly appreciated.

[swearwolves]

...

You have established a base in New Zealand

You have established your base in New Zealand by having:

a. lived in New Zealand as a resident for at least 41 days in the year before you applied for permanent residence
b. and everyone else included in your residence application has been living in New Zealand for at least 184 days in the 2 years before you applied for permanent residence

You must also have either:

a. Purchased a home 12 months before or after becoming a resident, still own that home and live there now, or
b. worked full-time in New Zealand for 9 months or more in the 2 years before you applied for permanent residence.

...

Where'd you get that from? The link below says otherwise:


http://onlineservices.immigration.go...nual/30505.htm


What are your approx. travel dates (both in and out) since RV activation?

[squowse]

If no one else is included in your residence application then the first "b" does not apply. So you just need 41 days in NZ during the last 12 months before, and 9 months working in NZ during the last 24 months before. Doesn't seem to make much sense, presumably you could be considered to be working in NZ without being in the country (posted overseas by your NZ employer??)

[squowse]

Where'd you get that from? The link below says otherwise:


http://onlineservices.immigration.go...nual/30505.htm


What are your approx. travel dates (both in and out) since RV activation?

I think your link to the manual says the same thing.

[JandM]

Yes, that original quote is from the link, at RV2.5.20.

It looks to me as though b DOES apply, because of the work 'and' at the beginning of it.

If so, then this means of showing commitment to NZ would require other family members who have remained based in NZ, and either a purchased family home, or a steady NZ job before and after any absences.

When in doubt, check with INZ.

[squowse]

Yes please let us know what you find out

[swearwolves]

I think your link to the manual says the same thing.

Sorry, I got confused.

I have to agree with JandM. I also think b does not apply, since your family members were not included in the original residence application.

Did you work in the UK for a UK employer or via an NZ employer?

[jsher]

Sorry, I got confused.

I have to agree with JandM. I also think b does not apply, since your family members were not included in the original residence application.

Did you work in the UK for a UK employer or via an NZ employer?

I worked as a secondee in the UK branch of my NZ employer. But I got paid in Euros and paid taxes to UK. And hence this dilemma.

Looks like I would be needing an immigration adviser's opinion on this. Although would be great if b. and everyone else included in your residence application has been living in New Zealand for at least 184 days in the 2 years before you applied for permanent residence doesn't apply if zero family members were included in the application.

Would it be too much to ask if there are any immigration advisers active on this forum?

[squowse]

You had best call INZ or make an appointment. I am minded to interpret it as "everyone else included in your application" = noone. So what they are saying is you might be working abroad but you have a base in New Zealand. If your family also came with you abroad it could be said that your base wasn't in NZ.

It is definitely badly worded. I am thinking that maybe it should be worded "and anyone else included in your residence application".

I would be very interested to know what you find out. Don't take my ponderings as anything more than that.

[swearwolves]

Would it be too much to ask if there are any immigration advisers active on this forum?

There are; they just haven't got to your post yet. Be patient.