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Thread: Resident to PR through Tax Residence

  1. #1
    Join Date
    Nov 2013
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    New Zealand
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    Post Resident to PR through Tax Residence

    Hi, Good Evening,
    My wife is going to apply for PR through tax residence. She completed 184 days in 2015 and stayed 65 days in 2016. Is she is eligible to apply for PR through that process. She was the principal applicant for her application. I already had my PR in 2015 and my son in NZ citizen. My wife is working back in India. Because there is no extended family in NZ, She wants to stay in India for next 5 years and she will move to NZ. We are bit nervous about her application. We were told by IRD that she is tax resident here in NZ and she has to file IR3 return which she already filed. I already sent application to IRD for confirmation about Tax resident status. Did INZ going to take my and our son's status in mind before deciding her application.
    I will be eligible to apply for citizenship next year and then I can go back to India leaving my established job in NZ. And after 5 years she can apply for PR there. I really not keen for citizenship. Please give me some advise or if someone gone through same situation, please share your experience. Thanks in advance.

  2. #2
    Join Date
    Feb 2008
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    37,824

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    Whenever someone applies for PR, INZ count BACKWARDS from the date of application to check if they meet the criteria in the 12 months leading up to the application, then the 12 months before that. It doesn't work that the person met the criteria some time in the past, then let more time, while not complying, go by before applying - it is the two years immediately before the application which count. So what will count, apart from evidence from IRD, is exactly when she was last in NZ, and how that matches up with the 12-month periods.

    You can see details of the criteria for tax residence here, at point (2). https://www.immigration.govt.nz/new-...zealand/slider

    It is ONLY your wife's actions which will determine whether or not she is awarded PR. Each applicant has to demonstrate commitment to New Zealand, as shown on that last link.

    Another thought occurs to me - at what date did her Residence visa, with the two years' travel conditions, actually start? If she is outside the country with expired travel conditions (that is, if it is more than two years since she became a resident), her residence may have lapsed already. If it is not long ago that it lapsed, it may still be possible for her to get PR or another residence visa - see the bottom paragraph here. https://www.immigration.govt.nz/new-...anent-resident

    If you already have PR - full permanent residence, not just residence - you can come and go in and out of NZ as many times as you like, whenever you like (even after years away), without restriction, and of course, so can your NZ citizen son. You don't have to become a citizen for that privilege.

  3. #3
    Join Date
    Jun 2015
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    Fj/Nz
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    Hi JandM, I would like to confirm about "resident visa expiry ".

    RV never expires, and it is indefinitely valid, and has no expiry date.

    RV becomes invalid or expires ONLY if the holder is outside NZ with expired travel conditions.

    Hope my understanding is correct.

  4. #4
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    Feb 2008
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    Quote Originally Posted by farfaraway View Post
    Hi JandM, I would like to confirm about "resident visa expiry ".

    RV never expires, and it is indefinitely valid, and has no expiry date.

    RV becomes invalid or expires ONLY if the holder is outside NZ with expired travel conditions.

    Hope my understanding is correct.
    Correct, but with one important addition. Residence, like other visas, can be REVOKED by the NZ government, if the holder commits some serious criminal offence, or is found to have lied or commited fraud in order to be granted the residence in the first place. See this explanation by a law firm. http://www.inderlynch.co.nz/articles...be-revoked.php Also see this article by another lawyer, about the issuing of deportation liability notices (DLNs) of recent years, when anyone has been charged with a quite minor crime. https://www.lawsociety.org.nz/lawtal...tion-liability

    So the strong message to every visa holder is, stay legal. Don't commit even "minor" crimes.

  5. #5
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    Nov 2013
    Location
    New Zealand
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    Hi JandM
    Thanks for your reply.
    My wife was issued a resident visa in Dec 2015 and she stayed 200 days in 2016 but stayed only 65 days in 2017. She will be completing 2 years in Dec 2017. As she came back from India in OCtober to NZ. Her travel cinditions are still valid. We got membership of different clubs, house agreemnet in my name, power bill/bank account in our joint name. Even she paid tax here in NZ last month as IRD asked.
    Hopefully, she will get her permanent resident approved this time. We both are bit nervous.

    I already have full permanent residence in Dec 2015. I was talking about 5years rule for spouses of NZ Citizen when they can get full permanent residence after living overseas for 5 years.
    Regards,

  6. #6
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    Feb 2008
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    I think it's a normal state, to be nervous when you have an application in to INZ, even when you are reasonably certain you have everything in order. From what you say, she does have everything in order.

    I was talking about 5years rule for spouses of NZ Citizen when they can get full permanent residence after living overseas for 5 years.
    That doesn't apply in your case. That is when a NZ citizen has been living overseas for years but is now intending to return to live in NZ, and has a partnership that has lasted five or more years - in that situation, the partner, applying for partner-sponsored residence (not residence under SMC), MAY be granted permanent residence straight away, without having to undergo the two years' "commitment to New Zealand" period.

  7. #7
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    Nov 2013
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    New Zealand
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    Hi JandM,
    Thanks for your encouraging words. Hopefully, she will get her PR. Fingers crossed.
    Regards,

  8. #8
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    Jun 2015
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    Fj/Nz
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    Thanks JansM

  9. #9
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    Sep 2016
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    Auckland
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    Seems to me like you're just abusing the system. I know lots of people who want to live in NZ but have been sent home yet you're just trying to get permanent residency and then go and liv in India for 5 year.

  10. #10
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    Nov 2013
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    New Zealand
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    Hi jstonley, I would like to know how I am abusing the system. Can you elaborate, please. You are not aware of our whole situation. We are doing everything as per INZ rules. I will be eligible for NZ citizenship next year but I doesn't want it. I am happy with Indian citizenship. I can go back to India for 5 years after getting citizenship next year and then she can apply for full PR there. I was talking about that rule which is as INZ guidelines.
    Even she is living in India, she paying taxes in NZ and i am paying taxes here in NZ.
    And who living where, it is personal choices.
    Regards,
    Quote Originally Posted by jstonley View Post
    Seems to me like you're just abusing the system. I know lots of people who want to live in NZ but have been sent home yet you're just trying to get permanent residency and then go and liv in India for 5 year.
    Last edited by singhtherex; 5th December 2017 at 10:09 PM.

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