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Thread: Leaving NZ after applying for permanent resident visa when the travel conditions are expired and your file is in process

  1. #1
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    Default Leaving NZ after applying for permanent resident visa when the travel conditions are expired and your file is in process

    Hello everyone,

    I want to know what happens if I leave the country(NZ) after applying for permanent resident visa and my file is still in process.

    For example I got residency on 22th October 2017 and my travel condition expires on 22th October 2019.
    I apply for Permanent resident visa (my all visa conditions are met example I have lived 184 days in each year,I got a full time job etc).

    After one month like on 25th November I have to leave the country for one month Holidays but my file is still in process as website says 90% applications are completed in 49 calander days and I do not get my permanent visa by 25th November then whats can happen-

    1. Can I leave to NZ on 25th November??
    2. Can I return to NZ without any problem on 5th January 2020?
    3.If I get my permanent visa while I am travelling (outside NZ)??



    Thanks

  2. #2
    Join Date
    Feb 2008
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    1. Yes.
    2. No, not unless INZ have issued your PR in the meantime.
    3. Maybe this would be all right, if they issued you with an eVisa without requiring to see your passport again. Or they might require to see you passport, and you could arrange to show it somewhere where you are travelling at the time, then they could issue the eVisa.

    If you haven't received your PR before the planned date of your return you won't have permission to re-enter NZ, and airline regulations say they mustn't let you onto a flight without it. You would have to wait overseas until the PR comes through.

    Many people have managed this kind of situation by applying for a variation of travel conditions on their residence visa, which can be done before the two years are up which would allow them to go for residence. https://www.immigration.govt.nz/new-...vel-conditions But I think time is too short for you now, for it to be of any advantage.

  3. #3
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    Dec 2017
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    Hi Jand M,

    I am going next year my travel conditions will expire in Mid January and I will fly in Mid Feb 2020
    As you said-
    Many people have managed this kind of situation by applying for a variation of travel conditions on their residence visa, which can be done before the two years are up which would allow them to go for residence.
    If I apply for variation of condition which option should I tick in the form

    (A) One-year variation of travel conditions as the principal applicant has been in New Zealand for 184 days
    or more in one of the 12-month portions of the 24 months immediately preceding this application.

    (B)One-year variation of travel conditions as the principal applicant has obtained tax residence status
    in New Zealand, and been in New Zealand for at least 41 days or more in one of the 12-month portions
    of the 24 months immediately preceding this application.

    I meet all the conditions of PR visa but I need to travel at that time so I do not want to take any risk if my PR visa does not get processed in the mean while time,I will stuck outside of NZ

    And If INZ approves the variation of condition, Can I still apply for permanent resident visa when I will come after my visit around in the end of March 2020??

    Thanks

  4. #4
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    If I apply for variation of condition which option should I tick in the form
    You could choose either, but the "time in NZ" is easier to prove, because all the times you have been out of the country and come back are automatically recorded on the INZ computer when your passport is scanned at the airport, so they check it and you don't have to do anything.
    And If INZ approves the variation of condition, Can I still apply for permanent resident visa when I will come after my visit around in the end of March 2020??
    Yes.

  5. #5
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    According to your suggestion, I should apply option A,If I am not wrong??
    (A) One-year variation of travel conditions as the principal applicant has been in New Zealand for 184 days
    or more in one of the 12-month portions of the 24 months immediately preceding this application.

    Thanks for your help Jand M, You are awesome.

  6. #6
    Join Date
    Dec 2015
    Location
    HK, China
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    Quote Originally Posted by jeaj View Post
    Hello everyone,

    I want to know what happens if I leave the country(NZ) after applying for permanent resident visa and my file is still in process.

    For example I got residency on 22th October 2017 and my travel condition expires on 22th October 2019.
    I apply for Permanent resident visa (my all visa conditions are met example I have lived 184 days in each year,I got a full time job etc).

    After one month like on 25th November I have to leave the country for one month Holidays but my file is still in process as website says 90% applications are completed in 49 calander days and I do not get my permanent visa by 25th November then whats can happen-

    1. Can I leave to NZ on 25th November??
    2. Can I return to NZ without any problem on 5th January 2020?
    3.If I get my permanent visa while I am travelling (outside NZ)??



    Thanks
    If you are from visa free country, you can, I think. I just submitted my PRV. It won't get approved soon and my RV expires in Jan 2020. The difference is that I live outside of NZ. I am visiting NZ in Jan. If my PRV does't get approved before then, I am applying visitor visa as a spouse of NZ citizen.

  7. #7
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    Quote Originally Posted by minkiwi View Post
    If you are from visa free country, you can, I think. I just submitted my PRV. It won't get approved soon and my RV expires in Jan 2020. The difference is that I live outside of NZ. I am visiting NZ in Jan. If my PRV does't get approved before then, I am applying visitor visa as a spouse of NZ citizen.
    There's no such thing as a visa-FREE country. There are visa-waiver countries https://www.immigration.govt.nz/new-...iver-countries, where you can travel to NZ without first having applied for a visitor's visa, but you have to fill in a card as the plane approaches landing, which is a legal document requiring you to state your personal details and your reasons for visiting, and is looked at by Immigration at the airport upon arrival, who CAN turn you back if they're not satisfied.

    However, no visitor's visa, whether applied for in advance, or upon arrival from a visa-waiver country, is allowed to take the place of the different visa that a person should have in their particular circumstances, and won't be granted for someone who has an application in which has not yet finished being processed. To try to get one attracts attention from Immigration (the visa application shows up as soon as the person's passport is scanned, or their details are entered into the computer) as being typical behaviour for people trying to pre-empt the verification process, who, if their application were then refused, would be likely to disappear into the population as overstayers in NZ.

  8. #8
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    Quote Originally Posted by jeaj View Post
    According to your suggestion, I should apply option A,If I am not wrong??
    (A) One-year variation of travel conditions as the principal applicant has been in New Zealand for 184 days
    or more in one of the 12-month portions of the 24 months immediately preceding this application.

    Thanks for your help Jand M, You are awesome.
    I'm not allowed to tell you what you should do, as I'm not an LIA. But, as I said above, this option doesn't require you to gather any evidence to submit, which could be seen as an advantage.

  9. #9
    Join Date
    Aug 2017
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    New Zealand
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    80

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    Quote Originally Posted by JandM View Post
    There's no such thing as a visa-FREE country. There are visa-waiver countries https://www.immigration.govt.nz/new-...iver-countries, where you can travel to NZ without first having applied for a visitor's visa, but you have to fill in a card as the plane approaches landing, which is a legal document requiring you to state your personal details and your reasons for visiting, and is looked at by Immigration at the airport upon arrival, who CAN turn you back if they're not satisfied.
    Ah...this distinction between visa-free and visa-waiver is generally lost. Nice to read someone else who understands.

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