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Thread: Converting to Permanent Resident Visa after 20/8/17 - possible?

  1. #1
    Join Date
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    Lightbulb Converting to Permanent Resident Visa after 20/8/17 - possible?

    Hi everyone,
    Date I got my resident visa (as stated in the blue sticker): 19 August 2015
    Date I arrived NZ and activated my resident visa: 13 Feb 2016

    Can I apply for permanent resident visa after 20 August 2017 and still fulfill the 1st commitment set by INZ (have spent 184 days or more in New Zealand as a resident in each of the 2 years before you apply for permanent residence)?

    Technically speaking by 20 August this year, I would have spent 189 days in my 1st year (i.e. 13/2/16 - 19/8/16); and full 365 days in my 2nd year (i.e. 20/8/16-20/8/2017).

    Is my interpretation correct?

    Thanks!

  2. #2
    Join Date
    Feb 2008
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    https://www.immigration.govt.nz/new-...anent-resident
    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.

    See the criteria to be granted a Permanent Resident Visa
    The quick answer to your question is no.

    'Holding' a resident visa counts from the date of activation, not from the date of issue.

    In any case, when considering grant of PR, INZ count BACKWARDS from the date you applied when looking at each of the criteria. So they need to see that two years before your application, you were already the holder of activated residence. Then, they will look at the 12 months up to the date of application and check that you spent at least 184 days out of that time in NZ, and the same for the 12-month period before that.

  3. #3
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    JandM

    The following is unclear:

    If the whole family goes and returns back to home country. Their residence visa has been activated so 2 year clock is ticking. Then the PA goes to NZ before the expiry fulfills the conditions of PR Visa and applies for one. Do the rest of the family living back home also becomes eligible for the same or they also have to fulfill their part of stay. Likewise if it is must for family to fulfill then what if PA is only applying on basis of tax status and he hasn't also fulfilled the staying in NZ conditions.

    Same is also for Variations of Travel conditions. Can you please explain. I also want to know that can they apply offshore for these visa's with expired conditions on their resident visa but they have fulfilled the requirements.
    Last edited by damicanee; 26th April 2017 at 04:34 AM.

  4. #4
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    Then the PA goes to NZ before the expiry fulfills the conditions of PR Visa and applies for one. Do the rest of the family living back home also becomes eligible for the same
    Yes, they do.

    As long as the main applicant fulfils the conditions, the whole family gets their PR, or variation of travel conditions. http://onlineservices.immigration.go...nual/45650.htm

    (Though there are certain ways for a non-principal applicant to fulfil the conditions for themself if the family has broken up in the meantime.)

    About applying when outside NZ, it can be possible if the applicant's resident visa has not expired too long beforehand. See the section If you're out of New Zealand and don't have travel conditions, and the links from it, here. https://www.immigration.govt.nz/new-...anent-resident

  5. #5
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    Hi JandM
    Just I was curious to know about this= "have met any conditions of your Resident Visa, and".

    I hope that INZ is only mentioning here about the travel conditions, and not about work/tax/salary etc.

    Thank you.


    Quote Originally Posted by JandM View Post
    https://www.immigration.govt.nz/new-...anent-resident
    The quick answer to your question is no.

    'Holding' a resident visa counts from the date of activation, not from the date of issue.

    In any case, when considering grant of PR, INZ count BACKWARDS from the date you applied when looking at each of the criteria. So they need to see that two years before your application, you were already the holder of activated residence. Then, they will look at the 12 months up to the date of application and check that you spent at least 184 days out of that time in NZ, and the same for the 12-month period before that.

  6. #6
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    No, they don't mean travel conditions. Travel conditions is a peculiar form of words - it is really a permission, not a condition at all.

    What they are referring to here is if someone has been granted their visa with a Section 49(1) condition on it. Though this condition can be many things, the most common is when someone has had points in their EOI for skilled employment, but haven't yet been in that employment for three months. Then the condition is that they must work for that named employer in the job mentioned for three months. After that time, still employed, they can go to INZ and prove (from their pay, bank and tax records) that they have done this, then a fresh visa label will be issued without the condition - and that is what is known as 'having met the condition'.

  7. #7
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    Thanks JandM, it is clear now

    I was outside NZ when I applied for RV, and I did not have a job offer in NZ, and thus did not claim points for this.

    And also, my visa approval letter and visa labels does not mention anything about "Section 49(1) condition". So I hope that, this condition is not applicable for me.
    Just found this thread discussing the same topic:
    https://www.enz.org/forum/showthread.php?t=33450

    Thank you!

    Quote Originally Posted by JandM View Post
    No, they don't mean travel conditions. Travel conditions is a peculiar form of words - it is really a permission, not a condition at all.

    What they are referring to here is if someone has been granted their visa with a Section 49(1) condition on it. Though this condition can be many things, the most common is when someone has had points in their EOI for skilled employment, but haven't yet been in that employment for three months. Then the condition is that they must work for that named employer in the job mentioned for three months. After that time, still employed, they can go to INZ and prove (from their pay, bank and tax records) that they have done this, then a fresh visa label will be issued without the condition - and that is what is known as 'having met the condition'.

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