Aussie - NZ Resident Visa into PR

[jdval]

I'm an Australian who has lived in NZ for the last 3+ years. I stay around 320 days/year in NZ, but travel out on the remaining time.

Due to my significant activities here in NZ, I recently thought of applying for a NZ PR and onward to citizenship.

However, I read that I need to have held a NZ resident visa *continuously* for 24 months. I also read that for Aussies, each time I leave/enter NZ, the visa (and clock) resets unless I had applied for a special travel condition.

Anyone know if there's a way to appeal this - to make at least part of my 3 year stay in NZ count towards the PR criteria? I've spent the majority of my time here. The only problem is that as an Aussie, the resident visa resets even if I leave for just a short holiday.

With my previous travel out during New Year, I'm now only considered to have been in NZ for the past 6 months for PR purposes...

Thanks for any advice.

[Kelerei]

Under RV2.5, there is a clear requirement for a Resident Visa to be held continuously for at least 2 years before applying for a Permanent Resident Visa. The only period of stay that will count towards meeting this requirement will be the period starting on your last entry into New Zealand (so, last 6 months for you), as an Australian Resident Visa is not issued with travel conditions by default. As the relevant immigration instruction is quite clear on this, any appeal will likely be futile; the legal principle ignorantia legis neminem excusat will likely apply.

As an Australian citizen or permanent resident, you may apply for a two year variation of travel conditions under RV3.20.1, which will allow you to maintain your Resident Visa continuously to meet the continuous time period prescribed in RV2.5.

However, holding a Permanent Resident Visa specifically is not a prerequisite to obtaining New Zealand citizenship. Section 8(2) of the New Zealand Citizenship Act 1977 states the requirements as follows:

• Entitled in terms of the Immigration Act 2009 to be in New Zealand indefinitely -- and note that, under Section 73 and 74 of the Immigration Act 2009, any residence class visa holder is entitled to be in New Zealand indefinitely (if not holding a Permanent Resident Visa, only if granted entry permission), so being in New Zealand while on an Australian Resident Visa counts!
• Present in New Zealand for (a) a minimum of 1,350 days (being days in which you are entitled to be in NZ indefinitely, as above) during the 5 years immediately preceding the application and (b) for at least 240 such days in each of those 5 years.
• Meet character requirements.
• Has sufficient knowledge of the responsibilities and privileges attaching to New Zealand citizenship.
• Has sufficient knowledge of the English language.
• Intends to continue to reside in New Zealand if granted citizenship.

As such, it is possible for you to continue maintaining your 320+ days per year in New Zealand and apply for the grant of New Zealand citizenship once it has been 1,350 days since you first began this cycle. When considering your application for the grant of New Zealand citizenship, the Department of Internal Affairs will be able to confirm your travel movements and history of residence status with INZ (you will only be required to provide any and all passports held in the 5 years prior to application, for these checks to be made).

[JandM]

Thanks, Kelerei - that says it all.

Any Australian hoping to qualify for NZ PR, and finding this thread in the future, notice that you need to apply for a Variation of Travel Conditions - see the paragraph about Australians here https://www.immigration.govt.nz/new-...vel-conditions - in order to ensure that all your time in NZ is added to your record.