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Thread: Citizenship Application 4 months earlier still accepted?

  1. #1
    Join Date
    Aug 2015
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    New Zealand
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    Default Citizenship Application 4 months earlier still accepted?

    Does anyone know if it is (still) current practice that the DIA accepts applications after 240 days of residence in the fifth year?
    E.g.
    20.10.2016 - residence
    19.10.2021 - fifth year of residence requirement fulfilled
    22.06.2021 - application for residence (4 months earlier)

    In my case, I had been present in NZ also from February 2015 to (e.g.) 20.10.2016, so, if I applied on 22.06.2021, DIA could count back, and I would still have been present in the country 5 x 240 days and more than 1350 in total, obviously not all as a resident though. Ah, I am not Australian.
    Last edited by Eckard; 22nd June 2021 at 04:42 PM.

  2. #2
    Join Date
    Dec 2014
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    The Shire
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    Default

    You ought to count back from the date of submission.

    If you want to apply today, 22/06/2021.

    The five years are:

    23/06/2016 - 22/06/2017

    23/06/2017 - 22/06/2018

    23/06/2018 - 22/06/2019

    23/06/2019 - 22/06/2020

    23/06/2020 - 22/06/2021

    For each of these 5 years, you need to be physically present in NZ on a residence class visa for at least 240 days.

    So on your first year, only count from 20/10/2016 to 22/06/2017.

    The total of the days you are in NZ on a residence class visa need to exceed 1,350 days.

    Time spent on temporary visa doesn't count. Time spent outside NZ doesn't count.

  3. #3
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    Aug 2015
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    Default

    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.
    Last edited by Eckard; 22nd June 2021 at 06:32 PM.

  4. #4
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    Citizenship Act 1977

    Section 8 (2) (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,—
    being days during which the applicant was entitled in terms of the Immigration Act 2009 to be in New Zealand indefinitely:

    No changes to this section of the Act had been made in the last few years.

    So it is just like before.

  5. #5
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    New Zealand
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    Default

    My apologies, English is not my first language and I have never studied British or New Zealand law and I probably do not understand the logical structure of the Act or even a simple section of it. Maybe it is just lack of intellectual capacity on my side ;-)

    I wonder if it serves the members of this forum when one person asks a question in plain English (sort of), the answer comes by way of citing the law. I do appreciate any answer and I tried to get the information out of it, generally believing myself in going for original information. But to be frank, I do not see my question answered after all.

    I had read here in this forum earlier on that applications submitted before the required 5 years of residence had been completed, were accepted by the DIA. All I would like to know if this is still the case.
    Last edited by Eckard; 22nd June 2021 at 07:09 PM.

  6. #6
    Join Date
    Jan 2016
    Location
    New Zealand
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    Use the following calculator to find out if youíre eligible. Itís checks your details against Immigration Database.

    https://dia.services.govt.nz/presence-calculator/

    If itís says youíre eligible then youíre good to go!

  7. #7
    Join Date
    Aug 2015
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    New Zealand
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    Thank you for your reply. When the calculator says yes, then the applicant is definitely good to go. When the calculator says no, the applicant may still be good to go. Source: DIA call center.

  8. #8
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    I am not sure if that is still possible, but when I applied I rand DIA and the person on the phone checked my data and the confirmed that all was good to go.
    So instead of getting (maybe) conflicting answers or links that are hard to understand, wouldn't it be better to go to the source straight away?

  9. #9
    Join Date
    Aug 2015
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    New Zealand
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    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.

  10. #10
    Join Date
    Aug 2016
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    New Zealand
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    I think the law is clear that it’s not required that you had spent 5 years on a residence class visa before you can apply for citizenship.

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