Help please in checking my presence requirements - citizenship with travel since residency

[midwesttonz]

Kia ora,

Apologies for cross-posting (I previously tried asking in the existing "presence requirements" thread) but I would be so grateful for help!

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!

[JandM]

When you first arrived in NZ (and became a resident because you are Australian), did you apply for the Variation of Travel Conditions, to allow you to travel out of NZ without affecting your resident status? See the mention here https://www.immigration.govt.nz/new-...-resident-visa under Things To Note.

Until you have the VOC, INZ will start counting your residence over again from zero, each time you leave NZ then re-enter.This could be why your count differs from theirs, possibly.

[midwesttonz]

When you first arrived in NZ (and became a resident because you are Australian), did you apply for the Variation of Travel Conditions, to allow you to travel out of NZ without affecting your resident status? See the mention here https://www.immigration.govt.nz/new-...-resident-visa under Things To Note.

Until you have the VOC, INZ will start counting your residence over again from zero, each time you leave NZ then re-enter.This could be why your count differs from theirs, possibly.

Ohhhhhh darn ... no, I don't think I did. Whomp whomp.

Well, thanks for letting me know. So, I just checked and I got my PR on November 13, 2019. So I guess I'm looking at July 13 2024 to apply? Yikes. And I already went and got my passport photos taken, so I guess that was a bit of a waste of $$.

So now I need to figure out if my daughter can still apply. She's only 5, so I believe there are different presence requirements for her. I will look into that.

[midwesttonz]

Hmm, luckily my husband is the one who really needs citizenship (so that we can more freely travel/move to Australia if we decide on doing so, he's a US citizen). He got his residence visa (which I assume did not "reset" every time we left, as his was not automatic, he's USA) on 19 April 2018. The travel conditions were valid under 18 April 2020. We didn't travel after that. He got permanent residence soon after (can't remember when). So I assume he can apply around January 2023, depending on his presence?

On that note - before he got his residence visa, he was here on a student visa. But I believe the presence requirement depends on time as a resident-visa holder?

[midwesttonz]

Sorry I have another post (I may just be talking to myself here) - where exactly does it say that the residence visa has to have been held continuously?

The form says "you have been present in NZ for at least 240 days with NZ residence in each of those 5 years". It doesn't say that I have to have had NZ residence whenever I was out of the country? And whenever I was in NZ, I had NZ residence ... so wouldn't I still qualify to apply?

[midwesttonz]

OK, having looked at the legislation, I'm now convinced I can still apply:

Section 8(2)(b) of the Citizenship Act 1977, and it doesn’t say anything about a requirement that the applicant held a resident visa on the days they were outside of the country; only that the applicant, was present in NZ for at least 240 days in each of those 5 years, and that those days were days “during which the applicant was entitled in terms of the Immigration Act 2009 to be in NZ indefinitely”. And moreover, according to s 74 of the Immigration Act, the holder of a resident visa is, if granted entry permission, entitled to stay in NZ indefinitely.

But I'd love to know if INZ will agree wth me - have any Australians done this, applied for citizenship on the basis of periods of presence interspersed with travel without a VOC?

[JandM]

Hmm, luckily my husband is the one who really needs citizenship (so that we can more freely travel/move to Australia if we decide on doing so, he's a US citizen). He got his residence visa (which I assume did not "reset" every time we left, as his was not automatic, he's USA) on 19 April 2018. The travel conditions were valid under 18 April 2020. We didn't travel after that. He got permanent residence soon after (can't remember when). So I assume he can apply around January 2023, depending on his presence?

On that note - before he got his residence visa, he was here on a student visa. But I believe the presence requirement depends on time as a resident-visa holder?

It looks as though you're right about your guess for when he will be eligible, if his presence matches up all right. Notice, when qualifying for citizenship, it's residence that counts, and PR is irrelevant.

And no, the student visa won't count. When he first held a residence visa is the first day that can count towards presence for citizenship. But they count qualifying time BACKWARDS from the date of application.