Residence Visa to Permanent Residence Visa

[cijoc]

Hi Team,

I got my Residence Visa approved on June 21 and in order to bring my partner under CPVV, we have to travel together. So I am planning to travel next month to India.

In the worst-case scenario, if we have to wait for 4-5 months back in India, I won't be able to complete the 184 days in the first year for my PR.

In such a case, how that will affect my PR, Please advise.

Or the 2 years and 184 days each year is calculated based on the date when I apply for the PR?

[Kelerei]

Hi Team,

I got my Residence Visa approved on June 21 and in order to bring my partner under CPVV, we have to travel together. So I am planning to travel next month to India.

I'm going to stop right here and point out that India is designated as a very high risk country (along with Brazil, Pakistan and Papua New Guinea). Only New Zealand citizens and their immediate family members travelling from high risk countries are eligible for entry to New Zealand. Other travellers, including New Zealand residents, can enter only if they spend 14 days outside a very high risk country before their arrival here. Transit through a very high risk country is excluded from the 14-day requirement.

See the announcement about this here.

Right, now that I've gotten that out of the way, on to potential impacts on your Permanent Resident Visa:

In the worst-case scenario, if we have to wait for 4-5 months back in India, I won't be able to complete the 184 days in the first year for my PR.

In such a case, how that will affect my PR, Please advise.

Or the 2 years and 184 days each year is calculated based on the date when I apply for the PR?

RV2.5 are the immigration instructions that you'll be interested in, and I'll point out specific sections relating to your questions.

If you intend to prove a commitment to New Zealand (per RV2.5(c)) by means of significant time in New Zealand (RV2.5.1), then your last sentence is indeed correct: it is 184 days (or more) in both of the two one-year periods immediately preceding the date you make your application.

Keep in mind that there are four other ways in which you may be able to prove a commitment to New Zealand: tax residence status in New Zealand (RV2.5.5), investment in New Zealand (RV2.5.10), establishment of a business in New Zealand (RV2.5.15), or base established in New Zealand (RV2.5.20).

Proving a commitment to New Zealand is only one of five requirements you must meet. You must also hold a Resident Visa for more than two years (RV2.5(a)), it must have been at least two years since your first day as a resident in New Zealand (RV2.5(b)), you must have met any Section 49(1) conditions imposed on your Resident Visa (RV2.5(d)), and you must remain of good character (RV2.5(e)).

In the event that you do not meet the requirements to be granted a Permanent Resident Visa, you may instead be granted a variation of travel conditions on your existing Resident Visa (RV3) or a second or subsequent Resident Visa if you are outside New Zealand with an expired Resident Visa (RV4). INZ will automatically assess your eligibility for these if you give them permission to do so (RV2.25). Note the requirements for these possibilities, especially the presence requirements. Either of these will allow you to continue to travel to and from New Zealand as a resident until you meet the requirements to be granted a Permanent Resident Visa.

Finally, note that significant absence from New Zealand will affect your eligibility to be granted New Zealand citizenship. You will not be disqualified outright, but you can expect it to take longer to meet the presence requirement.

[cijoc]

Thanks Kelerie for the info.

Yes, I am aware of the " high risk factor" , as we are planning to stay in another country for 14 days before entering NZ.