Citizenship/ time frame/ due date

[LemonAndPaeroa]

The presence requirement is:

• You must have spent at least 1,350 days in New Zealand as a resident in the last 5 years immediately preceding the date of application, and
• You must have spent at least 240 days in New Zealand as a resident in each of those 5 years.

So, given those presence requirements, this is how to calculate whether you meet them. For purposes of example, let's take an application date of 15th July 2020.

• First, determine the five one-year periods prior to your date of application. For the example application date of 15th July 2020, this would be:
  
  • 15th July 2015 to 14th July 2016
  • 15th July 2016 to 14th July 2017
  • 15th July 2017 to 14th July 2018
  • 15th July 2018 to 14th July 2019
  • 15th July 2019 to 14th July 2020
• Next, for each of those periods, work out how many days you were in the country. Note that INZ considers days that you depart from or arrive in New Zealand as days spent in New Zealand (RV1.15.5), so you can count those days. However, you can not count days that you spent in the country and not holding a residence-class visa (e.g. if you were on a Work Visa, you can not count the time spent in New Zealand on a Work Visa towards the citizenship presence requirement). If any one of those five periods works out to less than 240 days, you do not meet the presence requirement.
• If all of those five periods are greater or equal to 240 days, add them all up. If the sum of all five periods is greater or equal to 1,350 days, you meet the presence requirement. If it's less than 1,350 days, you don't.

Is my thinking here correct?

Let's assume someone got their residency on 23 February 2017, and they travelled overseas on a few occasions:

23 March - 30 March 2017 (7 days)
2 January - 31 January 2018 (30 days)
1 March - 30 June 2021 (90 days)

• Year 1: 29 October 2016 - 28 October 2017 (247 days as a resident, with 7 days travelled overseas: 240 days to meet the requirement)
• Year 2: 29 October 2017 - 28 October 2018 (365 days as a resident, with 30 days spent overseas: 335 days to meet the requirement)
• Year 3: 29 October 2018 - 28 October 2019 (365 days as a resident)
• Year 4: 29 October 2019 - 28 October 2020 (365 days as a resident)
• Year 5: 29 October 2020 - 28 October 2021 (365 days as a resident, with 90 days spent overseas: 275 days to meet the requirement)

This person meets the 240 days requirement on 28 October 2021 (and they also spent more than 1,350 days in the country).

I was previously thinking it was just 240 days into year 5, but I think one needs to take into account travel in year 1 if they were not a resident for the whole year?

[jawnbc]

No, you should start each year on 23 February, assuming that's your first date as a in-NZ NZ resident:
23 Feb 2017 - 22 Feb 2018, etc etc.
Each year you need only to have not been outside NZ for more than 125 total days in any of those years.
In your final year, as soon as you hit 240 days you can apply for citizenship--you don't need to wait until 22 Feb 2022.

Is my thinking here correct?

Let's assume someone got their residency on 23 February 2017, and they travelled overseas on a few occasions:

23 March - 30 March 2017 (7 days)
2 January - 31 January 2018 (30 days)
1 March - 30 June 2021 (90 days)

• Year 1: 29 October 2016 - 28 October 2017 (247 days as a resident, with 7 days travelled overseas: 240 days to meet the requirement)
• Year 2: 29 October 2017 - 28 October 2018 (365 days as a resident, with 30 days spent overseas: 335 days to meet the requirement)
• Year 3: 29 October 2018 - 28 October 2019 (365 days as a resident)
• Year 4: 29 October 2019 - 28 October 2020 (365 days as a resident)
• Year 5: 29 October 2020 - 28 October 2021 (365 days as a resident, with 90 days spent overseas: 275 days to meet the requirement)

This person meets the 240 days requirement on 28 October 2021 (and they also spent more than 1,350 days in the country).

I was previously thinking it was just 240 days into year 5, but I think one needs to take into account travel in year 1 if they were not a resident for the whole year?

[LemonAndPaeroa]

Thanks. Are you sure - that's what I always thought, but based on the requirement to have:

"been physically in New Zealand, for a minimum of 1,350 days in the five years preceding the citizenship application, and for at least 240 days in each of those five years"

you would think that you count back 5 years from the date you apply?

[JandM]

That's the opinion given here. https://www.enz.org/forum/showthread.php?t=55350

[LemonAndPaeroa]

I see, only their last comment doesn’t make sense then - using their example, if you count back from mid June 2020 (application date) to Mid June 2019 (first year) and you hop on a plane today and leave the country for a month, you could still apply provided that you haven’t travelled more than 3 months already in the year?

I will probably try and clarify for certain with the government.

[JandM]

Ah, for the first time I have found an official explanation on this point. See here. https://www.govt.nz/browse/passports...-requirements/ Click on Point 2, then If you are not sure if you meet the requirement. My guess is that mentions of some people having applied early is because those people have had a reason for discretion to be given, as mentioned at If you don't meet the requirement.

[LemonAndPaeroa]

I had seen this page - and by the example they give (Ana) it looks like you can definitely travel outside NZ in the fifth year!

I don't think these people would have had a special reason, I just think that if you look in the citizenship doc you can apply the following:

year 5: at least 240 days as resident
year 4: at least 240 days as resident
year 3: at least 240 days as resident
year 2: at least 240 days as resident
year 1: at least 240 days in the country as a resident, rest of the days not in the country and / or not a resident yet

That means that you could apply after 4 years and 240 days as a resident, however if you travelled in the first 240 years as a resident you need to add those days at the end.

[everest]

I have a peculier question; can you straddle years when calculating your absences? Say you take 8 months leave in one lot but you plan it so that when you apply, 4 months fit into one year and and the other in the next.

[JandM]

Well, as Nether 111 said above, to be certain, the only thing to do when in doubt is to ask the government.

Question out of idle curiosity here... what is the difference between permanent residence and citizenship that makes you urgently want to apply that bit earlier if you can?

[LemonAndPaeroa]

Being allowed back into the country at any time for me. I travel a lot.

Everest, my thinking is that this would be possible, but you might be asked to proof that you are coming back/have a strong connection with NZ.