Citizenship presence requirement

[everest]

To make it very simple...as per my understanding..If you don't travel during first 8 months after your first entry to NZ...you can apply citizenship after 4 years 8 M.

It is not about whether you travel in the beggining or at the end but more to do with when you decide to apply. And at the date of that application looking back at a five year period (not withstanding any other condition), you have been present for 1350 days in total AND in each of those years you have been present for at least 240 days. it is that simple. Notice that the law is not stipulating absences but presence as the condition. It is that term "at least 240 days " that could make someone eligible by only serving 240 days in the 5th year in my view.

[manutd]

as the calculation is done backwards...not leaving NZ in first 8 months make your 240 days in that year..remaining 4 months are being counted before your entry....so yes you can apply after 4Y 8M, 4Y 9M or whatever time makes your 240 days counting backwards from the date of your application....

so to make it apply exactly after 4y 8 M...you should not travel outside NZ in the first 8 months..

[Khan1192]

Ok so I talked to one of my friend yesterday who applied last year. He went overseas for holidays for about 2 month in his first year straight after he was granted residency visa. He has told me in this case you can apply after 4 years and 10 months instead of 4 years and 8 months. He did mention if you don’t go for holidays in first year and 5th year then u can apply in 4 years and 8 months if you do go for holidays in the first and last year then you have to add those days in the 5th year. Correct me if I am wrong thanks

[JandM]

If you're in any doubt about when you can apply, you can contact the government https://www.govt.nz/browse/passports...z-citizenship/, and they will check your exact situation. (I doubt they're working on such things right now, however.)

[My New Zealand]

If you did not travel in your first year of gaining residency and do not intend to travel in your fifth year then you may be eligible to apply once you have met the 240 days in that year

[LemonAndPaeroa]

So would it be:

Year 1: finished after 8 months in the country as resident

Year 2: 12 months of which at least 8 in the country

Same for year 3 and 4

Year 5: apply after 8 months in the country

Ie shortest possible is 4 years and 4 months - provided that you meet the 1350 days total requirement?

[LemonAndPaeroa]

Never mind clearly my thinking was off last night!

[vikusmile]

Travelling in first year of residency adds time to the final year of residency requirements before you become eligible to apply for citizenship. I know that because I fell into that category where I went for 1 month holiday in first year and it added a month for me in the final year i.e. It made it 4 years and 9 months

[Marco83]

Travelling the first year won't change the date you'll apply for citizenship if you'll live in the country for at least 240 days. Anyway to reach the 1350 days you have to live in the country for an average of 270 days at year, so if you don't leave too much the country you can apply after 4 years and 240 days if you won't go abroad during last year.

[hab]

I think the 240 days in the 5th year comes from the strict interpretation of the law here

"The requirements referred to in subsection (1)(d) are as follows:
(a)
that the applicant is entitled in terms of the Immigration Act 2009 to be in New Zealand indefinitely:
(b)
that the applicant was present in New Zealand—
(i)
for a minimum of 1 350 days during the 5 years immediately preceding the date of the application; and
(ii)
for at least 240 days in each of those 5 years,—"

http://www.legislation.govt.nz/act/p...est/whole.html

You may still be able to apply on the 240th day of the 5th year but better confirm that with the authorities and please let us know if you do.

Interesting reading through this and I find using the legislation above easier than how it is described elsewhere.

Also, my interpretation is that I can potentially apply after being in New Zealand as a resident after 4 years, 4 months and 6 days. This is because my resident visa was granted offshore on the 9th March 2020 thereby satisfying (a). I'm going to enter New Zealand on the 3rd July 2020 (nearly 4 months and not travel for atleast a year after) and not travel in my 5th year therefore satisfying (b).

I'd be grateful if anyone here could tell me if I'm wrong, all I can think of is that I may not satisfy (a) as I haven't been granted entry permission yet with my resident visa. Seems like a quirk as my 2 years until PR will only count from my first entry as a resident.

Something else interesting is that I am in Australia where residency only requires 4 years with similar presence requirements but they can be on any visa as long as at least one year is while on a residency visa.