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Thread: Citizenship Application 4 months earlier still accepted?

  1. #11
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    Aug 2015
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    hamilton
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    Quote Originally Posted by Eckard View Post
    Thank you for your comprehensive reply/information. I guess I did not get my core question presented right, so I try this in other words: Can someone apply for citizenship after - four years plus 240 days in the fifth year - after being granted residence? To my knowledge, this used to be possible in the past, provided the applicant fulfills all the other requirements you listed.

    Yes.
    I did that in July last year and I was granted in May this year. I applied as soon as I had the 240 days in my fifth year as per the requirements.
    You HAVE to do your own calculation, the DIA calculator was saying NO but I knew I had met the requirements and I applied.

    Good luck.

  2. #12
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    Feb 2019
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    New Zealand (ex: South Africa)
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    OK, let's get one thing straight here: the presence requirement is not simply 5 years from first gaining residence.

    The presence requirement is that one is physically present in New Zealand for a minimum of 1,350 days in the 5 years prior to making an application, and for at least 240 days per one year period within said 5 years, being days that one is entitled to remain in New Zealand indefinitely (i.e. while holding a residence class visa).

    It is therefore possible for someone who has never travelled out of New Zealand since gaining residence to meet the presence requirement in precisely 4 years and 240 days. Any and all absences from New Zealand may affect meeting the presence requirement, and any potential applicant is advised by the Department of Internal Affairs to calculate for themselves whether or not they meet the presence requirement; an example calculation has been posted in this thread previously.

    Keep in mind that the presence requirement is only one requirement that must be met; meeting the presence requirement alone does not guarantee a successful outcome.

    If you do not meet the presence requirement, the Department of Internal Affairs will give you the option to withdraw your application (for a partial refund). You may, if you have special circumstances, instead elect to be considered for a reduced presence requirement, but it is intentionally difficult to be considered for this.

  3. #13
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    Aug 2015
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    New Zealand
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    Thanks allune - I am just not used to the logic and structure of the NZ/British law, but now, after reading it again and again, I think got it. Perhaps, this helps others trying to figure out their application date: In my case, I counted 240 days as of the day I was granted residence, then added 4x12-month periods. I had been present in NZ for more than 126 days before I was granted residence, more than 1350 days for the whole five years and more than 240 days in each of those five years. Turns out that I could have, should have and would have applied already two days ago ... I am glad it was not more. Should I have made a mistake in my reasoning, please let me know!

  4. #14
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    Aug 2015
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    New Zealand
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    Thank you both kyozera and Kelerei for your - substantial - replies. I only read your replies after my last post.

    Good to know I am not the only one getting a "no" from the calculator. I am now pretty sure that I am eligible to apply.

    And thank you Kelerei for your comprehensive explanation of this. I wonder if you could have a read through my earlier post at 9:02 this morning - did I get it right?

  5. #15
    Join Date
    Feb 2019
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    New Zealand (ex: South Africa)
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    Quote Originally Posted by Eckard View Post
    And thank you Kelerei for your comprehensive explanation of this. I wonder if you could have a read through my earlier post at 9:02 this morning - did I get it right?
    Let's see, then...

    Quote Originally Posted by Eckard View Post
    That's interesting, I rang DIA yesterday and the (friendly) guy said they wouldn't do that and that I would have to check it myself or ring INZ (...) to find out regarding my total presence time. I also got my travel movement record from NZ customs and I know that I fulfill the requirements except that I will have done five years of residence only by the end of October this year. There were some members here on the forum in the past who, in a similar situation, applied 4 months before the reached 5 years of residence, and according to their info, their applications were accepted. Back then, they called the DIA and applied in person. The call center person evaded an answer here. I think that DIA might still accept this in general but I wonder if they will accept it right now, especially with that backlog that they have to deal with at the moment. Would be interesting to know if they refund (part of) the fee in case they refuse to accept the application at this point.
    It really depends on one's individual travel history. Some people's travel history means that they can apply before 5 years are up, as they would have met the presence requirement (and, of course, all other requirements) then. Your travel history may mean you can also apply before 5 years are up, but it may also mean that you may have to wait longer before you can apply. Your travel history will be different from that of other applicants, so don't forget that.

    It's pretty much black and white with the standard presence requirement: either you have spent the requisite time in New Zealand while being entitled to remain indefinitely, or you haven't. Things only get subjective when a person requests to be assessed under the reduced presence requirement instead, which is not something most people would even care about.

  6. #16
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    Aug 2015
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    New Zealand
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    Kelerei - sorrrry for giving you the wrong post, I meant the one 1:38 pm today, embarrassing mistake, I guess I am too excited. But I think it is all clear now.Thank you again!

  7. #17
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    Aug 2015
    Location
    New Zealand
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    Just filling in the form.
    Question no. 3: "Have you lived in New Zealand with residence status for five years or more?"
    Yes: can go ahead
    No: Probably not eligible.
    aaargh...

    So, I guess, I just say YES and go ahead

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