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Thread: Confirmed: PRV granted if outside country after RV travel conditions expire

  1. #1
    Join Date
    Aug 2017
    Location
    New Zealand
    Posts
    92

    Default Confirmed: PRV granted if outside country after RV travel conditions expire

    Hey forum,

    I wanted to pass on the case of a friend whose daughter (an adult) traveled outside New Zealand after her Resident Visa travel conditions expired. When she returned to NZ, she was admitted by the immigration authorities on a tourist visa (passport from one of 5-eye countries, 3-month tourist entry granted). She was then allowed to apply for her Permanent Resident Visa from her tourist status despite leaving the country after the expiry of her Resident Visa and not having applied for either a variation of conditions or a PRV.

    I'm wondering if these cases are common at all?

    I'm not sure if this instance would help other people on the forum, or if it's more of a heads up to LIAs who might be able to question why some RV holders are allowed to apply for PRV despite violating their conditions while others aren't.

    I myself don't know. Thoughts?

  2. #2
    Join Date
    Feb 2008
    Posts
    37,843

    Default

    She didn't violate any conditions. "Travel conditions" on a residence visa aren't really conditions - it's a name for permission to re-enter NZ. It's within the law to apply for PR if you meet the criteria, and have held a residence visa within the last three months. https://www.immigration.govt.nz/new-...-visa#criteria "Resident visa status. You must hold a valid resident visa or have held one in the last 3 months."

    The decision about allowing an individual to re-enter on a temporary visa all apparently comes down to whether the applicant can show a commitment to NZ, and intention to live there long-term. PR and the travel conditions system are all geared to people establishing their base in NZ within a very few years, so - use it or lose it.

    Years ago, my son got caught out trying to re-enter NZ late at night from a trip to Oz with his Kiwi wife and two small children, not having remembered that it was two years since he got residence, and he should have got PR before going. They arrived back at AKL late in the evening. He got sternly interviewed and severely told off by immigration, who pulled up his records and checked things through, but they then gave him a temporary short-term permit, to give him legal status to go home and put the children to bed, and then to go to an Immigration office without fail the next morning and get matters properly sorted out.

  3. #3
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    1,216

    Default

    For future reference (for anyone coming across this thread in future):

    It is indeed possible to get a Permanent Resident Visa even if your Resident Visa is expired by means of being outside New Zealand without travel conditions -- but you must apply for it within 3 months of your Resident Visa expiring, and meet all other normal criteria. See RV2.5(a)(ii).

    If your Resident Visa is expired by means of being outside New Zealand without travel conditions, and you don't meet the criteria to be granted a Permanent Resident Visa regardless of your Resident Visa expiration, it may be possible to obtain a second or subsequent Resident Visa. RV4.10(a) has all the details on this.

  4. #4
    Join Date
    Aug 2017
    Location
    New Zealand
    Posts
    92

    Default

    Quote Originally Posted by Kelerei View Post
    For future reference (for anyone coming across this thread in future):

    It is indeed possible to get a Permanent Resident Visa even if your Resident Visa is expired by means of being outside New Zealand without travel conditions -- but you must apply for it within 3 months of your Resident Visa expiring, and meet all other normal criteria. See RV2.5(a)(ii).

    If your Resident Visa is expired by means of being outside New Zealand without travel conditions, and you don't meet the criteria to be granted a Permanent Resident Visa regardless of your Resident Visa expiration, it may be possible to obtain a second or subsequent Resident Visa. RV4.10(a) has all the details on this.
    Awesome -- thanks to both of you. I had forgotten about the 3 month requirement. Good thing to know for others who forget to get PRV or VOC before travelling.

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