Presence requirement - Australian automatic residency, with periods of travel without VOC, does clock reset?

[midwesttonz]

Hello,

Apologies again for crossposting but my original question in another forum has morphed into this one, so I thought best to start a new thread.

I moved to NZ on 30 September 2017, and as an Australian citizen, automatically became a resident on being granted entry, with indefinite leave to remain.

I was granted PR on 13 November 2019.

I intend to apply for citizenship on 21 June 2023, including by relying in part on "days present" from 2017/2018/2019. For those pre-PR days, my residence visa reset every time I left the country.

I’ve looked at 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.

So, this leads me to believe that I can apply on June 21 of this year.

Have any other Australians applied for citizenship based in part on "days present" that were interspersed with leaving the country without a VOC?n

[JandM]

I suggest that you should contact the Citizenship Office - see here https://www.govt.nz/organisations/de...enship-office/ - give them your exact details, and ask your question. I haven't seen this particular question on our threads before, which means I can't point you to anyone's previous experience for comparison, so I think it's probably safer to get official word, than to rely on anyone's best guesses at interpreting the law.

[midwesttonz]

I suggest that you should contact the Citizenship Office - see here https://www.govt.nz/organisations/de...enship-office/ - give them your exact details, and ask your question. I haven't seen this particular question on our threads before, which means I can't point you to anyone's previous experience for comparison, so I think it's probably safer to get official word, than to rely on anyone's best guesses at interpreting the law.

Thank you so much, that's really kind of you to take the time to answer - even just to say 'this is new one!'. I appreciate it, and will report back after speaking with the office.

[JandM]

Thank you - you may be a big help to someone else in the future.

[TheNewKiwi]

Maybe you could try using the DIA's presence calculator for citizenship. When I applied (in person) they asked if I had met the presence requirement. When I told them that the presence calculator said I did, no more questions asked. Just be sure to enter your details June 21 or later, for an accurate calculation.

[bhargav68]

Hello one of my friend applied for PR in May 2022 and she want to start thread about her issue but for some unknown reason see can't post thread. Her username is reez if you can help her out to post thread or let me know how she can reach to you it would be much appreciated. Thanks

[JandM]

Hello one of my friend applied for PR in May 2022 and she want to start thread about her issue but for some unknown reason see can't post thread. Her username is reez if you can help her out to post thread or let me know how she can reach to you it would be much appreciated. Thanks

I have just activated your friend's account, so she should now be 'in'.

[allune]

You're not wrong. Similar concept to people applying 4 years and 8 months after gaining residence (provided they don't travel) the first 8 months in the first year of the 5 year period counted backwards, the person's visa status likely isn't resident (maybe work visa, or no visa/not yet in NZ).

If you've been granted entry permission as an Australian, then effectively you are a resident on the days you are in NZ.

Only your visa expires when leaving, but your 'resident' status doesn't go away. To demonstrate the concept, people outside NZ with expired travel conditions can apply for PR too as long as they meet the PR requirements... it doesn't mean that they left NZ and their RV travel conditions expired that all those days they spent in NZ as residents are "gone".

If in doubt, you can ask INZ to count the days you're here