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Thread: Citizenship application 5 year requirment

  1. #41
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    Quote Originally Posted by Kelerei View Post
    With the information you've provided:

    Period 1: 21 March 2021 to 20 March 2022. 252 days presence, counting your day of return (12 July 2021) as a day of presence.
    Period 2: 21 March 2020 to 20 March 2021. 272 days presence, counting your day of departure (17 December 2020) as a day of presence.
    Period 3: 21 March 2019 to 20 March 2020. 356 days presence (extra day in this period due to leap year).
    Period 4: 21 March 2018 to 20 March 2019. 309 days presence, assuming that the "1 month" you mention is 31 days.
    Period 5: 21 March 2017 to 20 March 2018. With 0 days absence, you will meet the presence requirement for this period if your first day as a resident was on or before 24 July 2017.

    If your first day as a resident was on 24 July 2017 (to provide the bare minimum of 240 days in the last period), total time across all five periods would be 1,429 days, which would be above the statutory minimum of 1,350 days.

    Therefore, providing that your first day as a resident was on or before 24 July 2017, and assuming that you are not absent from New Zealand between now and the day you apply, you should meet the presence requirement if the Department of Internal Affairs receives your completed application on 21 March 2022, together with the required fee. For the avoidance of doubt, the date an online application is received is the date in Wellington at the time you submit and pay for your application online.

    For what it's worth, I nearly thought that each of your five year periods was exactly 240 days, from the way you presented your information above. Had this been the case, you would clearly not meet the presence requirement due to the total time across all five periods being 1,200 days, less than the statutory minimum of 1,350 days. I suspect that the person advising you may have made this error. The moral of the story is: present your information in a clear and unambiguous manner.

    Thanks for the valuable info Kelerei.

    Got my residency in Nov 2016.
    Please see below attached travel movements:

    Movement Type Flight date and time

    Arrival in NZ 10/07/2014
    Departure from NZ 22/12/2016
    Arrival in NZ 23/01/2017
    Departure from NZ 28/03/2018
    Arrival in NZ 8/05/2018
    Departure from NZ 15/03/2019
    Arrival in NZ 1/04/2019
    Departure from NZ 23/12/2019
    Arrival in NZ 3/01/2020
    Departure from NZ 18/12/2020
    Arrival in NZ 15/07/2021

    Kelerei, Please assess and let me know when can I actually apply !
    Your help on this would be much appreciated. Thanks again.

  2. #42
    Join Date
    Jun 2015
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    NZ
    Posts
    517

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    Hi all,

    The INZ calculator https://dia.services.govt.nz/presence-calculator/ says:
    "You do not currently meet the presence requirements for New Zealand citizenship by grant.
    Check again in December 2021."

    Any clue on what does this mean? Could not find a thread specific to it.
    Do someone have an Excel sheet that can do this calculation?

    Kind regards.

  3. #43
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
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    Quote Originally Posted by Spoun2 View Post
    Thanks for the valuable info Kelerei.

    Got my residency in Nov 2016.
    Please see below attached travel movements:

    Movement Type Flight date and time

    Arrival in NZ 10/07/2014
    Departure from NZ 22/12/2016
    Arrival in NZ 23/01/2017
    Departure from NZ 28/03/2018
    Arrival in NZ 8/05/2018
    Departure from NZ 15/03/2019
    Arrival in NZ 1/04/2019
    Departure from NZ 23/12/2019
    Arrival in NZ 3/01/2020
    Departure from NZ 18/12/2020
    Arrival in NZ 15/07/2021

    Kelerei, Please assess and let me know when can I actually apply !
    Your help on this would be much appreciated. Thanks again.
    I'm going to post in detail, using your example, how one should go about this -- not for the benefit of just yourself, but for the benefit of others with the same question as yourself (and trust me, there's plenty on this forum who don't know how to calculate presence!).

    Step 1: work out the time periods

    The statutory requirement is that the presence requirement must be met immediately preceding the date of application (Section 8(2)).

    So, if you were to apply for the grant of New Zealand citizenship on 21 March 2022, these are your time periods:

    1. 21 March 2021 to 20 March 2022
    2. 21 March 2020 to 20 March 2021
    3. 21 March 2019 to 20 March 2020
    4. 21 March 2018 to 20 March 2019
    5. 21 March 2017 to 20 March 2018


    A common mistake here is to calculate the time periods forwards from the applicant's first day in New Zealand as a resident. This is not aligned with the statutory requirement above, and is therefore incorrect. It is necessary to instead work backwards from the proposed date of application. Getting the time periods wrong here will result in an incorrect presence calculation.

    Step 2: calculate presence for each time period

    Per Section 8(2)(b)(ii), you must be present in New Zealand for at least 240 days (being days during which you are entitled in terms of the Immigration Act to be in New Zealand indefinitely, i.e. while holding a residence class visa) in each of the five one-year periods calculated above.

    Period 1: 21 March 2021 to 20 March 2022

    Here, the travel between 2020-12-18 and 2021-07-15 is relevant, as part of this absence falls within this period.

    We therefore need to look at how many days there are between 2021-07-15 and 2022-03-20, inclusive (as we are counting 2021-07-15 as a day in New Zealand). This is 249 days from the start date to the end date, end date included.

    The requirement for this period will be met, provided that there is no further travel within this period (since the period end date is in the future).

    Period 2: 21 March 2020 to 20 March 2021

    Again, the travel between 2020-12-18 and 2021-07-15 is relevant, as the remainder of this absence falls within this period. There is no other travel within this period.

    Therefore, we need to look at how many days there are between 2020-03-21 and 2020-12-18, inclusive (as we are counting 2020-12-18 as a day in New Zealand). This is 273 days from the start date to the end date, end date included.

    The requirement for this period is met.

    Period 3: 21 March 2019 to 20 March 2020

    There are two travel movements we need to look at here. The travel movement from 2019-03-15 to 2019-04-01 is partially with this period (with the remainder being in Period 4), and the travel movement from 2019-12-23 to 2020-01-03 is completely within this period.

    First, we need to truncate the start date of this period to 2019-04-01, much like we've done with Period 1 and Period 2 above. Since that's the last 11 days of March 2019 that we cannot count, that cuts us down to 355 days. (Note that Period 3 has a total of 366 days due to it including 29th February 2020).

    With that done, we can now examine the travel movement from 2019-12-23 to 2020-01-03. Since we will count both 2019-12-23 and 2020-01-03 as days in New Zealand, we'll look at the days you were not in New Zealand, which comes to 10 days. We'll subtract this from 355 days from the earlier calculation, and arrive at our final result for Period 3: 345 days.

    The requirement for this period is met.

    Period 4: 21 March 2018 to 20 March 2019

    We first return to the travel movement from 2019-03-15 to 2019-04-01 that we used in Period 3, as part of this travel movement is within Period 4. This means we have to truncate the period end date to 2019-03-15, and doing that gives us 360 days.

    Then, we consider the travel movement from 2018-03-28 to 2018-05-08, as this travel movement falls entirely within Period 4. Again, we'll count 2018-03-28 and 2018-05-08 as days in New Zealand, so the period of absence (excluding both those days) is 40 days. Subtracting that from 360 gives us 320 days. There are no other travel movements within this period, so that will be the final outcome.

    The requirement for this period is met.

    Period 5: 21 March 2017 to 20 March 2018

    For the last period, most people will need to look at the day that they were first in New Zealand as a resident, and truncate the period start date to that. Remember that Section 8(2)(b) states that only days during which the applicant is entitled in terms of the Immigration Act to be in New Zealand indefinitely may be reckoned, so presence in New Zealand on a temporary entry class visa (such as a Visitor Visa, Work Visa, Student Visa, etc.) cannot be reckoned. In this example, we do not have to do this, because the first day in New Zealand as a resident is before the start date of this period.

    There are no travel movements within this period: the travel movement from 2018-03-28 to 2018-05-08 fell entirely within Period 4 (and was dealt with there), and the travel movement from 2016-12-22 to 2017-01-23 is entirely before this period and can therefore be completely disregarded.

    This period therefore has 365 days of presence, and the requirement for this period is met.

    Step 3: calculate presence for all time periods

    Per Section 8(2)(b)(i), you must be present in New Zealand for at least 1,350 days (being days during which you are entitled in terms of the Immigration Act to be in New Zealand indefinitely, i.e. while holding a residence class visa) across the entire 5 year period immediately preceding the date of application.

    Since we've already calculated the presence in the five one-year periods immediately preceding the date of application, this is as simple as adding them all up. 249 + 273 + 345 + 320 + 365 adds up to 1,552 days.

    The presence requirement for the entire 5 year period is met.

    Conclusion

    All presence requirements will be met if the Department of Internal Affairs receives a complete application, together with the application fee, on 21 March 2022 (New Zealand Time).

  4. #44
    Join Date
    Feb 2019
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    Final note: there's no official information that I can find as to whether or not the Department of Internal Affairs considers the days of arrival and departure as days in New Zealand. However, we do know that Immigration New Zealand does consider the days of arrival and departure as days in New Zealand (RV1.15.5), and since the Department of Internal Affairs verifies presence by checking the travel movement records held by Immigration New Zealand, it's more likely than not that the Department of Internal Affairs would indeed consider the days of arrival and departure as days in New Zealand.

  5. #45
    Join Date
    Oct 2016
    Location
    Christchurch
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    Quote Originally Posted by Kelerei View Post
    I'm going to post in detail, using your example, how one should go about this -- not for the benefit of just yourself, but for the benefit of others with the same question as yourself (and trust me, there's plenty on this forum who don't know how to calculate presence!).

    Step 1: work out the time periods

    The statutory requirement is that the presence requirement must be met immediately preceding the date of application (Section 8(2)).

    So, if you were to apply for the grant of New Zealand citizenship on 21 March 2022, these are your time periods:

    1. 21 March 2021 to 20 March 2022
    2. 21 March 2020 to 20 March 2021
    3. 21 March 2019 to 20 March 2020
    4. 21 March 2018 to 20 March 2019
    5. 21 March 2017 to 20 March 2018


    A common mistake here is to calculate the time periods forwards from the applicant's first day in New Zealand as a resident. This is not aligned with the statutory requirement above, and is therefore incorrect. It is necessary to instead work backwards from the proposed date of application. Getting the time periods wrong here will result in an incorrect presence calculation.

    Step 2: calculate presence for each time period

    Per Section 8(2)(b)(ii), you must be present in New Zealand for at least 240 days (being days during which you are entitled in terms of the Immigration Act to be in New Zealand indefinitely, i.e. while holding a residence class visa) in each of the five one-year periods calculated above.

    Period 1: 21 March 2021 to 20 March 2022

    Here, the travel between 2020-12-18 and 2021-07-15 is relevant, as part of this absence falls within this period.

    We therefore need to look at how many days there are between 2021-07-15 and 2022-03-20, inclusive (as we are counting 2021-07-15 as a day in New Zealand). This is 249 days from the start date to the end date, end date included.

    The requirement for this period will be met, provided that there is no further travel within this period (since the period end date is in the future).

    Period 2: 21 March 2020 to 20 March 2021

    Again, the travel between 2020-12-18 and 2021-07-15 is relevant, as the remainder of this absence falls within this period. There is no other travel within this period.

    Therefore, we need to look at how many days there are between 2020-03-21 and 2020-12-18, inclusive (as we are counting 2020-12-18 as a day in New Zealand). This is 273 days from the start date to the end date, end date included.

    The requirement for this period is met.

    Period 3: 21 March 2019 to 20 March 2020

    There are two travel movements we need to look at here. The travel movement from 2019-03-15 to 2019-04-01 is partially with this period (with the remainder being in Period 4), and the travel movement from 2019-12-23 to 2020-01-03 is completely within this period.

    First, we need to truncate the start date of this period to 2019-04-01, much like we've done with Period 1 and Period 2 above. Since that's the last 11 days of March 2019 that we cannot count, that cuts us down to 355 days. (Note that Period 3 has a total of 366 days due to it including 29th February 2020).

    With that done, we can now examine the travel movement from 2019-12-23 to 2020-01-03. Since we will count both 2019-12-23 and 2020-01-03 as days in New Zealand, we'll look at the days you were not in New Zealand, which comes to 10 days. We'll subtract this from 355 days from the earlier calculation, and arrive at our final result for Period 3: 345 days.

    The requirement for this period is met.

    Period 4: 21 March 2018 to 20 March 2019

    We first return to the travel movement from 2019-03-15 to 2019-04-01 that we used in Period 3, as part of this travel movement is within Period 4. This means we have to truncate the period end date to 2019-03-15, and doing that gives us 360 days.

    Then, we consider the travel movement from 2018-03-28 to 2018-05-08, as this travel movement falls entirely within Period 4. Again, we'll count 2018-03-28 and 2018-05-08 as days in New Zealand, so the period of absence (excluding both those days) is 40 days. Subtracting that from 360 gives us 320 days. There are no other travel movements within this period, so that will be the final outcome.

    The requirement for this period is met.

    Period 5: 21 March 2017 to 20 March 2018

    For the last period, most people will need to look at the day that they were first in New Zealand as a resident, and truncate the period start date to that. Remember that Section 8(2)(b) states that only days during which the applicant is entitled in terms of the Immigration Act to be in New Zealand indefinitely may be reckoned, so presence in New Zealand on a temporary entry class visa (such as a Visitor Visa, Work Visa, Student Visa, etc.) cannot be reckoned. In this example, we do not have to do this, because the first day in New Zealand as a resident is before the start date of this period.

    There are no travel movements within this period: the travel movement from 2018-03-28 to 2018-05-08 fell entirely within Period 4 (and was dealt with there), and the travel movement from 2016-12-22 to 2017-01-23 is entirely before this period and can therefore be completely disregarded.

    This period therefore has 365 days of presence, and the requirement for this period is met.

    Step 3: calculate presence for all time periods

    Per Section 8(2)(b)(i), you must be present in New Zealand for at least 1,350 days (being days during which you are entitled in terms of the Immigration Act to be in New Zealand indefinitely, i.e. while holding a residence class visa) across the entire 5 year period immediately preceding the date of application.

    Since we've already calculated the presence in the five one-year periods immediately preceding the date of application, this is as simple as adding them all up. 249 + 273 + 345 + 320 + 365 adds up to 1,552 days.

    The presence requirement for the entire 5 year period is met.

    Conclusion

    All presence requirements will be met if the Department of Internal Affairs receives a complete application, together with the application fee, on 21 March 2022 (New Zealand Time).
    Kelerei, It's a great presentation.
    It's now make sense for me and hopefully others who's in the same shoe.

    Many thanks for your time and effort

  6. #46
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    Kelerei thanks a ton for the detailed explanation, definitely will study and update you.

  7. #47
    Join Date
    Nov 2016
    Location
    New Zealand
    Posts
    58

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    Hi Guys,

    Hope everyone is well.

    I have received email reply from citizenship office on the requirements and following are the 2 lines, needs assistance with please.

    "If you were out of the country for more than four months, but less than eight months in any one year, you may be able to split this so it falls over two years." Not sure how can we split the period if out of the country more than 4 months, but less than 8 month.

    "Please Note if the applicant can show that there are exceptional circumstances that warrant a reduction, they may be considered as long as they have a minimum presence in New Zealand of 450 days with a residence permit, residence visa or Permanent Resident visa, in the 20 months before they make their application."

    Regards

  8. #48
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    Location
    New Zealand
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    If you were out of the country from say 1 August 2017 until 31 December 2017, you would not be able to apply on 1 January 2018 as the first year will have 5 months out of the country. You could apply on say 15 September 2018 as year 1 will then cover 15 September 2017-14 September 2018 and have 2.5 months out of the country and year 2 covering 15 September 2016-14 September 2017 has 1.5 months out of the country. This all provided you meet all the other requirements of course.

  9. #49
    Join Date
    Nov 2016
    Location
    New Zealand
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    Quote Originally Posted by LemonAndPaeroa View Post
    If you were out of the country from say 1 August 2017 until 31 December 2017, you would not be able to apply on 1 January 2018 as the first year will have 5 months out of the country. You could apply on say 15 September 2018 as year 1 will then cover 15 September 2017-14 September 2018 and have 2.5 months out of the country and year 2 covering 15 September 2016-14 September 2017 has 1.5 months out of the country. This all provided you meet all the other requirements of course.
    Thanks for the reply @LemonAndPaeroa, So it will be only applicable for year 1 then.

    Below are the details;

    Residency Granted One year No. of Days Away
    23-Feb-17 22-Feb-18 21
    23-Feb-18 22-Feb-19 10
    23-Feb-19 02-Feb-20 36
    23-Feb-20 22-Feb-21 173 (25 Aug - 13 Feb)
    23-Feb-21 22-Feb-22 0
    Total 240
    Last edited by Garden365365; 6th December 2021 at 10:56 AM.

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