Results 1 to 6 of 6

Thread: Question in PR form: If your visa is subject to these conditions, have you met these conditions

  1. #1
    Join Date
    Nov 2014
    Location
    New Zealand
    Posts
    156

    Default Question in PR form: If your visa is subject to these conditions, have you met these conditions

    Asking for a friend who is in New Zealand, prime applicant Resident Visa holder...

    1) Question in PR form, page 6: If your visa is subject to these conditions, have you met these conditions.

    One of the answers must be selected: yes, no or not applicable - my friend as the main applicant only has travel conditions on his resident visa label and they have been met by my friend.

    Does it mean he must select yes or does this only question only apply for returning resident's visa or residence permit subject to requirements under section 18A of the Immigration Act 1987, then these are conditions under section 49 of the Immig act 2009.

    2) Another question read as: If you do not meet the requirements for a permanent resident visa as set out in the Guide for Resident and Former Resident Visa Holders (INZ 1176), do you give permission for INZ to assess your eligibility for the grant of a variation of travel conditions or a second or subsequent resident visa instead? So although the conditions are fulfilled, is it best to select yes?

    3) Also friend's wife (Resident through Partnership) and Child (NZ Citizen) are stuck overseas owing to international flight restrictions. He will be adding her to the application form too. Partner has completed 184 days each year of the 2 years.

    Clearly my friend doesn't want the result as variation of conditions. He is more worried for his wife's application outcome since she's overseas. He is hoping for PR approval for both since he is adding partner (non-principal applicant) too, to the application.

    Looking forward to anyone's inputs, especially @JandM @EGoodHue
    Last edited by Famed; 6th June 2020 at 01:53 PM.

  2. #2
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    1,201

    Default

    Quote Originally Posted by Famed View Post
    1) Question in PR form, page 6: If your visa is subject to these conditions, have you met these conditions.

    One of the answers must be selected: yes, no or not applicable - my friend as the main applicant only has travel conditions on his resident visa label and they have been met by my friend.

    Does it mean he must select yes or does this only question only apply for returning resident's visa or residence permit subject to requirements under section 18A of the Immigration Act 1987, then these are conditions under section 49 of the Immig act 2009.
    This question refers to conditions implemented under Section 49(1) of the Immigration Act 2009. Travel conditions are implemented under Section 49(2).

    You will know in no uncertain terms if your Resident Visa had been subject to Section 49(1) conditions when it was granted; INZ will have informed you, and outlined the process to remove them once they had been met.

    Quote Originally Posted by Famed View Post
    2) Another question read as: If you do not meet the requirements for a permanent resident visa as set out in the Guide for Resident and Former Resident Visa Holders (INZ 1176), do you give permission for INZ to assess your eligibility for the grant of a variation of travel conditions or a second or subsequent resident visa instead? So although the conditions are fulfilled, is it best to select yes?
    This is a personal choice.

    Quote Originally Posted by Famed View Post
    3) Also friend's wife (Resident through Partnership) and Child (NZ Citizen) are stuck overseas owing to international flight restrictions. He will be adding her to the application form too. Partner has completed 184 days each year of the 2 years.

    Clearly my friend doesn't want the result as variation of conditions. He is more worried for his wife's application outcome since she's overseas. He is hoping for PR approval for both since he is adding partner (non-principal applicant) too, to the application.
    See RV1.20: for the purpose of making an application for a Permanent Resident Visa, variation of travel conditions or a second or subsequent Resident Visa, "non-principal applicants" means the non-principal applicants included in the original Resident Visa application.

    Therefore, only if the partner was included in the original Resident Visa application may the partner be included in the application for a Permanent Resident Visa. In this case, usually the only requirement for the non-principal applicant to meet is that the principal applicant meets all requirements for a Permanent Resident Visa (though exceptions apply where the non-principal applicant may be assessed independently of the principal applicant). Again, see RV1.20.

    If the partner applied for residence in her own right, she will need to qualify for, and apply for a Permanent Resident Visa also in her own right.

  3. #3
    Join Date
    Nov 2014
    Location
    New Zealand
    Posts
    156

    Default

    Thanks a lot for your inputs, Kelerei!

    Quote Originally Posted by Kelerei View Post
    This question refers to conditions implemented under Section 49(1) of the Immigration Act 2009. Travel conditions are implemented under Section 49(2).

    You will know in no uncertain terms if your Resident Visa had been subject to Section 49(1) conditions when it was granted; INZ will have informed you, and outlined the process to remove them once they had been met
    My friend confirmed he has only travel conditions on the visa label. So since there has been no other communication or mention about Section 49(1) conditions, should he choose no as an answer or not applicable?

    Quote Originally Posted by Kelerei View Post
    See RV1.20: for the purpose of making an application for a Permanent Resident Visa, variation of travel conditions or a second or subsequent Resident Visa, "non-principal applicants" means the non-principal applicants included in the original Resident Visa application.

    Therefore, only if the partner was included in the original Resident Visa application may the partner be included in the application for a Permanent Resident Visa. In this case, usually the only requirement for the non-principal applicant to meet is that the principal applicant meets all requirements for a Permanent Resident Visa (though exceptions apply where the non-principal applicant may be assessed independently of the principal applicant). Again, see RV1.20.

    If the partner applied for residence in her own right, she will need to qualify for, and apply for a Permanent Resident Visa also in her own right.
    Question as per the quoted response above:

    My friend's wife was included in the original application. So he's submitting the PR application while he's in NZ currently and his wife's details are being added to his PR application (currently overseas and travel conditions expire in a few days). So shouldn't pose any issues right?

    More questions:

    He will be submitting a certified copy (by NZ Justice of peace few years ago) of the passport- hope that's acceptable even if certified few years ago? The actual passport is with his wife whilst overseas obviously.

    Also, does he need to include a letter to state that she's currently overseas and unable to return owing to current international travel restrictions or is that not necessary?
    Asking if the letter is needed, since he has an infant NZ citizen who's with the mother. In the section which asks to state other dependents, siblings, he will be mentioning his child's current residence overseas as that country, so thinking about submitting the letter as a self-declaration from his end. He just wanted to present true picture to the Immig officer just in case they ask for the original passport copy but unable to, since she's overseas. He will be providing his original passport and wife's certified copy of passport by JoP.

    Thanks a lot in advance for any additional inputs!
    Last edited by Famed; 6th June 2020 at 04:00 PM.

  4. #4
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    1,201

    Default

    Quote Originally Posted by Famed View Post
    My friend confirmed he has only travel conditions on the visa label. So since there has been no other communication or mention about Section 49(1) conditions, should he choose no as an answer or not applicable?
    Unfortunately, I can not tell you specifically how to answer questions presented on the form.

    Quote Originally Posted by Famed View Post
    My friend's wife was included in the original application. So he's submitting the PR application while he's in NZ currently and his wife's details are being added to his PR application (currently overseas and travel conditions expire in a few days). So shouldn't pose any issues right?
    Again, RV1.20(b).

    Quote Originally Posted by Famed View Post
    He will be submitting a certified copy (by NZ Justice of peace few years ago) of the passport- hope that's acceptable even if certified few years ago? The actual passport is with his wife whilst overseas obviously.
    It is acceptable to submit a certified copy of the passport (see RV1.10.10), but keep in mind that INZ may request an original passport at any time during processing of the application (RV1.10.10(e)). Whether or not the applicant can easily submit the original passport is of no concern to INZ: if they believe that it is necessary to help determine whether the applicant meets relevant immigration instructions, they will request it. If this happens to an applicant offshore, the offshore applicant may be able to submit the passport to his or her nearest Visa Application Centre.

    Quote Originally Posted by Famed View Post
    Also, does he need to include a letter to state that she's currently overseas and unable to return owing to current international travel restrictions or is that not necessary?
    Staying with RV1.10.10, one may choose to submit "any other information, evidence, or submissions that the applicant considers shows that he or she is eligible to be granted a new residence class visa or variation of travel conditions in terms of the immigration instructions".
    Last edited by Kelerei; 6th June 2020 at 06:03 PM.

  5. #5
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    About answering the question, think logically about what is being said here.
    If your visa is subject to these conditions, have you met these conditions? Yes. No. Not applicable.
    You've told us his visa was NOT subject to any conditions. It wouldn't be sensible for someone with no conditions to say, 'Yes, I've met the conditions (which I haven't got).' It wouldn't be sensible for someone with no conditions to say, 'No, I haven't met the conditions (which I haven't got).' So...

    About this...
    2) Another question read as: If you do not meet the requirements for a permanent resident visa as set out in the Guide for Resident and Former Resident Visa Holders (INZ 1176), do you give permission for INZ to assess your eligibility for the grant of a variation of travel conditions or a second or subsequent resident visa instead? So although the conditions are fulfilled, is it best to select yes?
    Although he's sure of meeting the conditions, if I were in that situation and any small thing were to stop them issuing PR, I would greatly prefer having a VOC to having nothing in the meantime while I was sorting it out.

  6. #6
    Join Date
    Nov 2014
    Location
    New Zealand
    Posts
    156

    Default

    Thanks JandM and Kelerei!

    Quote Originally Posted by Kelerei View Post
    If this happens to an applicant offshore, the offshore applicant may be able to submit the passport to his or her nearest Visa Application Centre.
    The offshore Immigration NZ offices are all closed as per the website. My friend will be submitting a letter along with the application stating that he has enclosed a certified copy of the Justice of Peace for his wife (non-principal applicant and she was also part of the original application) and hence will not be able to provide the original passport copy at this stage.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •