Extentsion of Travel Conditions!!!

[Immihelp07]

Hello Everyone -

Has anybody ever applied for extension of travel conditions for residence visa??? Here is my situation and if anyone can share their experience or advice is greatly appreciated.

My situation - Residence visa with travel condition. Time spent in New Zealand is 60 days in last 2 years and I intent to move to NZ next year but by then visa will expire due to travel conditions expiry in Nov-2019.. What can be done? Can I ask for extension, is it possible & how.. pls advice... Thanks in advance...

[JandM]

From what you have said, I think it is very unlikely that you could be eligible for a Variation in Travel Conditions. See this information page from INZ https://www.immigration.govt.nz/new-...vel-conditions, which tells you the criteria for being granted such a VOC.

Unless you move to NZ before your travel conditions expire, understanding that you will then have to stay onshore to build up any entitlement to a Variation of Travel Conditions, or, in due course, for Permanent Residence (information about criteria for that are at that same link), your Residence will lapse, because you will be out of the country without any permission to enter to take advantage of it. (Residence allows the holder to live and work for ever in NZ, while they are in the country.) That would mean that all your efforts to get Residence would have been a total waste of time and money.

The criteria for residence under SMC have changed, and you could well find that you would not now be eligible if you started a new application nowadays. Added to that, INZ is going through a crisis, working a backlog while also trying to sort out a bungled reorganization, so there are hugely long queues even to get a case allocated to a CO for processing, against the background of political arguments about immigration.

Therefore, if you seriously want to live and work in NZ, it would probably be in your interest not to waste the Residence that you have already been granted.

[cakes88]

how about your tax residence status? that might apply to you to apply for an extension of travel condition.

[Immihelp07]

Hi there - I spoke with IRD and I not a tax resident as of today, but I might become in next few months.. However, I've to hold that tax resident status for 12 months before I apply for extension of travel condition. Is my understanding correct?? Some people do say that I just have to be a tax resident and that's it, doesn't matter the duration for extension of travel condition.

[cakes88]

did you not held a tax resident status before you've got your residence visa? you'll need to be at least in NZ for 183 days to gain tax resident status

[Immihelp07]

From what you have said, I think it is very unlikely that you could be eligible for a Variation in Travel Conditions. See this information page from INZ https://www.immigration.govt.nz/new-...vel-conditions, which tells you the criteria for being granted such a VOC.

Unless you move to NZ before your travel conditions expire, understanding that you will then have to stay onshore to build up any entitlement to a Variation of Travel Conditions, or, in due course, for Permanent Residence (information about criteria for that are at that same link), your Residence will lapse, because you will be out of the country without any permission to enter to take advantage of it. (Residence allows the holder to live and work for ever in NZ, while they are in the country.) That would mean that all your efforts to get Residence would have been a total waste of time and money.

The criteria for residence under SMC have changed, and you could well find that you would not now be eligible if you started a new application nowadays. Added to that, INZ is going through a crisis, working a backlog while also trying to sort out a bungled reorganization, so there are hugely long queues even to get a case allocated to a CO for processing, against the background of political arguments about immigration.

Therefore, if you seriously want to live and work in NZ, it would probably be in your interest not to waste the Residence that you have already been granted.

Thanks JandM, Is INZ very strict with travel condition extension or can there be any exceptions? Is there any other way I can still show my commitment to NZ? Like - My wife (dependent applicant on my residence visa), she is in NZ from June 2019 and plans to stay in NZ. Also, If I’m outside NZ and my travel condition expires but she is still in NZ, what will be her status in NZ? Can she continue to live in NZ on same resident visa? What all options she will have?

[Immihelp07]

did you not held a tax resident status before you've got your residence visa? you'll need to be at least in NZ for 183 days to gain tax resident status

No, I didn't have any tax residency before residence visa...but even if I get it, it seems INZ requires 12 months tax residency before granting extension on travel condition, is it correct ??

[cakes88]

yes, you'll need to at least have a tax residence status for 1 year before you can apply for an extension of travel condition. Based on your situation I guess the tax route not going to work as it's already too late.

I guess your only option is to come before your travel condition expired otherwise you'll lose your residence status and your wife residence visa will also be forfeited once she leave the country. Also, she won't have any rights to convert to permanent residence visa as a non-principal unless special conditions apply.

[JandM]

INZ are absolutely strict about conditions. Residence is a kind of swap between the NZ government and a skilled worker - permission to live and work for the foreigner in exchange for their making their skill available in NZ, and contributing to their society by using their goods and services and paying tax. The foreign worker has to show they're keeping their part of the bargain by DOING it, which you haven't yet. Now it's time to use your privilege, or it will be taken from you, and your wife will also suffer.