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Thread: Permanent Residency Requirement Question

  1. #1
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    Default Permanent Residency Requirement Question

    Hi,

    I am getting 2 different message from immigration NZ online and form about requirement 5 for PR.

    On the Form INZ1176, requirement 5 i.e. Established base in NZ: It says you own an maintain the family home in NZ*
    *You are considered to own and maintain a family home in New Zealand if you own a residential property that you bought within 12 months of your first day in New Zealand as a resident and you, or members of your immediate family who were included in your residence application, live there.

    However, online on PR page under commitment to NZ criteria 5 it says Purchased a home 12 months before or after becoming a resident, still own that home and live there now.

    Link to online PR page on immigration website:
    https://www.immigration.govt.nz/new-...zealand/slider

    So I am confused now that which case is actually true! Can someone share their experience under this criteria?

    Thanks,

  2. #2
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    Default

    Quote Originally Posted by waliajas View Post
    Hi,

    I am getting 2 different message from immigration NZ online and form about requirement 5 for PR.

    On the Form INZ1176, requirement 5 i.e. Established base in NZ: It says you own an maintain the family home in NZ*
    *You are considered to own and maintain a family home in New Zealand if you own a residential property that you bought within 12 months of your first day in New Zealand as a resident and you, or members of your immediate family who were included in your residence application, live there.

    However, online on PR page under commitment to NZ criteria 5 it says Purchased a home 12 months before or after becoming a resident, still own that home and live there now.

    Link to online PR page on immigration website:
    https://www.immigration.govt.nz/new-...zealand/slider

    So I am confused now that which case is actually true! Can someone share their experience under this criteria?

    Thanks,
    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.
    For the purpose of these instructions applicants are considered to own and maintain a family home in New Zealand if:

    they have purchased a residential property in New Zealand within 12 months of their first day in New Zealand as a resident and still own that property either solely or jointly with members of their immediate family who were included in the application for a resident visa; and

    they and/or members of their immediate family who were included in the application for a resident visa occupy that property.
    Evidence of owning and maintaining a home in New Zealand includes but is not limited to items in the name of the applicant and/or members of their immediate family who were included in the application for a resident visa such as:

    mortgage documents or title deeds to the residential property
    rates demands
    home and contents insurance cover
    invoices for telephone, electricity, gas, or water
    documents showing that household effects have been moved to New Zealand

  3. #3
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    Default

    I don't understand what difference in meaning you are getting from the two things you have quoted.

  4. #4
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    Default

    The wording on the immigration website is
    " Purchased a home 12 months before or after becoming a resident, still own that home and live there now,".

    This is clearly different from what Chris quoted which is from Form INZ 1176.

    The above statements makes you eligible to PR if you have purchased home even after 12 months on resident visa while the statement that Chris quoted, purchased a residential property in New Zealand within 12 months of their first day in New Zealand as a resident !
    Last edited by waliajas; 29th August 2017 at 12:51 PM.

  5. #5
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    Default

    So, The wording on immigration website is incorrect then?

  6. #6
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    Default

    So the wording on immigration website is incorrect then?

  7. #7
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    Default

    Quote Originally Posted by waliajas View Post
    The wording on the immigration website is
    " Purchased a home 12 months before or after becoming a resident, still own that home and live there now,".

    This is clearly different from what Chris quoted which is from Form INZ 1176.

    The above statements makes you eligible to PR if you have purchased home even after 12 months on resident visa while the statement that Chris quoted, purchased a residential property in New Zealand within 12 months of their first day in New Zealand as a resident !
    My quote is directly from Immigration Instructions.

    I've seen this interpreted before as being within 12 months, (before or after) a person comes a resident. That's either on arrival for the first time on a resident visa, or the day the resident visa was issued, if at that time the applicant was onshore.

  8. #8
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    Few more questions on PR:

    1) The 2 years on resident visa clause. Does it means 2 years you are in country or 2 years since you were issued resident visa?

    2) In my case, I got residency visa in March 2015 with valid travel condition till March 2017, this resident visa had start date of March 2015. However, I changed my passport and got my residency visa transfered to my new passport but the new resident visa has a different start date of May 2016. Now, when I am calculating 2 years, which start date do I take? March 2015 or May 2016!

  9. #9
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    Quote Originally Posted by waliajas View Post
    Few more questions on PR:

    1) The 2 years on resident visa clause. Does it means 2 years you are in country or 2 years since you were issued resident visa?

    2) In my case, I got residency visa in March 2015 with valid travel condition till March 2017, this resident visa had start date of March 2015. However, I changed my passport and got my residency visa transfered to my new passport but the new resident visa has a different start date of May 2016. Now, when I am calculating 2 years, which start date do I take? March 2015 or May 2016!
    neither. Your arrival date in New Zealand as a resident applies. You cant apply before the 2nd anniversary of that date and need to have spend 184 days in each of the two tweleve month periods preceding the date of (PRV) application in New Zealand.

    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).

  10. #10
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    Default

    Hi Chris,

    I looked at ops manual and I think date of arrival and resident visa start data might both come into consideration!

    "RV2.5 How do resident visa holders or former holders qualify for a permanent resident visa?
    Upon application principal applicants, except for those to whom RV2.10 applies, will be granted a permanent resident visa if:
    they either:
    hold a resident visa, and have held that resident visa continuously for at least 24 months at the time of application; or
    have held a resident visa in the three months before the application is made, and had held that resident visa continuously for at least 24 months before it expired (provided RV1.25 does not apply); and
    their first day in New Zealand as a resident (R5.66.1) was at least 24 months before the application is made; and
    they can demonstrate a commitment to New Zealand by meeting the requirements set out in any one of the five subsections below (RV2.5.1 to RV2.5.20); and
    they have met any conditions imposed under section 49(1) or section 50 of the Immigration Act; and
    they meet character requirements for residence (see A5). "

    I think you are right about first date of arrival in NZ but Also, they emphasized on THAT resident visa. In my case, since I transferred my resident visa from one passport to another, I have 2 different application number and start date on both resident visas! So, I am not sure which Start Date will be applicable to me!

    The 184 days clause is one of the five clause! Even if I haven't spent 184 days in two 12 month period (RV2.5.1) I might still be eligible for PR based upon either RV2.5.5 or RV2.5.20! Correct me if I am wrong about it!

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