Presence requirements for New Zealand Citizenship by grant

[danthebusman]

Okay... looking back at your past posts, I see you were in NZ when your visa was granted, so it's the date on the visa in your passport that will count. (For someone who got Residence longer ago, when out of the country, their visa, though dated earlier, would not become 'live' till it was scanned at Immigration at the airport of arrival.)

Your counting of dates has to be BACKWARDS from the day you submit your application for citizenship (not forwards from the date residence was granted).

Yes I was in NZ when I found out

Now to the other questions, I have cars here and my furniture, would it be good to tell DIA my travel plans and book a return already from the uk in November?

[Kelerei]

Now to the other questions, I have cars here and my furniture, would it be good to tell DIA my travel plans and book a return already from the uk in November?

There's a section on the application form for you to declare your travel plans.

Being able to demonstrate that you have assets in New Zealand will be beneficial. Other things that you can demonstrate (per advice provided by the Department) include owning or renting property, or having a job that you will return to.

[danthebusman]

There's a section on the application form for you to declare your travel plans.

Being able to demonstrate that you have assets in New Zealand will be beneficial. Other things that you can demonstrate (per advice provided by the Department) include owning or renting property, or having a job that you will return to.

That’s amazing, thank you.

can anyone cross check my dates please

[danthebusman]

That’s amazing, thank you.

can anyone cross check my dates please

Could anyone be so kind to cross check my above dates please

[midwesttonz]

Hi everyone,
This is such a reassuring resource, thank you. I am hoping someone will also do me the enormous favor of checking I am understanding the residency requirements correctly! The online calculator says I won't be eligible until July, but I think that might be incorrect.

Context: Australian citizen, moved to NZ on September 30, 2017 (so that's my date of residency, as I understand it - although I did end up applying for permanent residency later on).

I believe I am eligible to apply on June 21 (or perhaps technically a day or two earlier), based on the following:

Year 5: 22 June 2021 - 21 June 2022 out of country: June 15 - June 21 (i.e. 7 days)
Year 4: 22 June 2020 - 21 June 2021 out of country: 0 days
Year 3: 22 June 2019 - 21 June 2020 out of country: Nov 13 - Dec 3 (i.e. 21 days)
Year 2: 22 June 2018 - 21 June 2019 out of country: Nov. 7 - 29 (23 days) Dec 11-30 (20 days) Feb 7 - 17 (11 days)
Year 1: 22 June 2017 - 21 June 2018 out of country: Jun 22 - Sep. 30 (101 days); Dec. 15-30 (16 days); May 16-20 (5 days);

I would be so grateful if anyone could confirm if my understanding is correct!

Ngā mihi!

[desilva]

That's not exceptional at all: it is the standard presence requirement that one is present in New Zealand with the right to remain indefinitely for a minimum of 1,350 days in the five years preceding the citizenship application, and for at least 240 days in each of the five years. The Citizenship Office calculates presence from the date that they receive your completed application, together with the required fee.

An individual who never or rarely travels out of New Zealand may therefore meet this requirement before 5 years from the grant of a Resident Visa has elapsed: someone who never travels out of New Zealand will meet the standard presence requirement after precisely 4 years and 240 days since the grant of their Resident Visa.

It is not able to give you a definite answer without knowing your exact travel history, but since the Citizenship Office works backwards from your application being received and paid for, you should do the same. Pick the date that you are likely to lodge your application, then look at each of the five year periods prior (so, if you plan on lodging your application on 2021-04-20, look at 2020-04-21 to 2021-04-20, 2019-04-21 to 2020-04-20, etc.), then add up the days you have been present in New Zealand (inclusive of arrival and departure dates, but exclusive of periods where you have not held a residence class visa). Each of those 5 periods must come to 240 days or more, and the sum of all of those 5 periods must come to 1,350 days or more.

If you have any doubt as to your travel history, you may request the records that Immigration New Zealand holds of your travel movements. The Citizenship Office will base their assessment of you meeting the presence requirement on these same records.

The "exceptional cases" requirement allows the applicant to only have been in New Zealand for at least 450 days in the 20 months immediately preceding the date of application and have held New Zealand residence for that whole period. This reduction of the presence requirement is only applied when the applicant's situation is well outside the normal run of circumstances found in citizenship grant cases generally; the circumstances do not have to be unique or very rare, but they do have to be truly an exception rather than the rule, or they would need to be out of the ordinary and comparatively rare. If you believe that you have exceptional circumstances that merit consideration for a reduction of the presence requirement, you should contact the Citizenship Office to discuss your situation.

Hi , Just another question. I am getting very confused with presence requirement for citizenship.

My wife got residence on 29 Jan 2021. And technically she may be eligible for citizenship on 29 Jan 2026. However, there is an issue on her 240 days stay in NZ.

Period 1 = 29 Jan 2021 - 28 Jan 2022 (days in NZ = 240+)
Period 2 = 29 Jan 2022 - 28 Jan 2023 (days in NZ = 202)
Period 3 = 29 Jan 2023 - 28 Jan 2024 (days in NZ = 240+)
Period 4 = 29 Jan 2023 - 28 Jan 2025 (days in NZ = 240+)
Period 5 = 29 Jan 2024 - 28 Jan 2026 (days in NZ = 240+)

Her stay in year-2 has been interrupted. Would that mean that her Period 1 and Period 2 stay has gone to zero and she needs to spend 2 additional years to make up for that? OR, she has to spend few additional month(s), for example till May-2026 so that going backwards, her 240+ days stay requirements in that 5-years block will get satisfied. Thanks.

[allune]

@desilva

Try counting the days in the following periods:

27 September 2020 - 26 September 2021
27 September 2021 - 26 September 2022
27 September 2022 - 26 September 2023
27 September 2023 - 26 September 2024
27 September 2024 - 26 September 2025

The actual eligibility date doesn't have to be exactly 5 years from granting of residence. No such thing in citizenship law that 5 years of residency must be attained before someone can be eligible for citizenship.

According to Section 8 sub-clause (2) of Citizenship Act 1977, 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,—

So the 4-month period prior to her becoming a resident visa holder can be included in her first year/period then the rest constitute the qualifying period (240 days or 8 mos) of residence.

[onyiking]

It is really interesting reading all this explanations but let me use myself for example;

I arrived in NZ on 9 Jan 2020 & never left the country yet , let’s say I stayed without leaving until 9 Jan 2024 that will be me in NZ for a total of 1,456 days . Will this make me eligible for citizenship as I’ve stayed over the 1350days just under 3years10months or let’s just say eligible in approximately 4 years without leaving the country?

Is it actually possible to be eligible for citizenship after 3years and 10months without leaving the country counting from the first day of entry on a RV as that beats the 1350 days ?

[Kelerei]

It is really interesting reading all this explanations but let me use myself for example;

I arrived in NZ on 9 Jan 2020 & never left the country yet , let’s say I stayed without leaving until 9 Jan 2024 that will be me in NZ for a total of 1,456 days . Will this make me eligible for citizenship as I’ve stayed over the 1350days just under 3years10months or let’s just say eligible in approximately 4 years without leaving the country?

Is it actually possible to be eligible for citizenship after 3years and 10months without leaving the country counting from the first day of entry on a RV as that beats the 1350 days ?

No.

You are required to be present in New Zealand for a minimum of 1,350 days during the 5 years immediately preceding the date of application, and for at least 240 days in each of those 5 years -- all being days during which you are entitled to be in New Zealand indefinitely.

[LMG]

Hi all

I wonder if anyone can help me with my Residency dates.

I received my travel information from Immigration and below is the breakdown:

23 July 2021- 23 July 2022 365 days: No Days
23 July 2020 - 23 July 2021 365 days: No Days
23 July 2019 - 23 July 2020 358 days out of country 7-14 sept 2019 : (7 days)
23 July 2018 - 23 July 2019 328 days out of country 3-10 october 2018 (37 days)
23 July 2017 - 23 July 2018 350 days out of country 22 feb - 27 Feb 2018 (5 days), 13 April - 23 April 2018 (10 days)

Also, I will be overseas from 18 July- 3 September so can I do my online application then or can I do it before I leave.

Any help would be greatly appreciated

Laura