Apply for PR with no valid passport

[lovelife95]

I meet the criteria for applying for PR however there is an issue with my passport. My passport expired a few months ago (before the 24 months timeline after getting residency). Applied for a new passport in May hoping to have it by August to apply for PR which is when it would be 24 months since getting residency. however there was an issue and I still dont have my new passport. INZ website says you must apply for PR within 3 months of your residency visa expiring. We are getting close to that time limit (19th November) and are getting very anxious.

My question is, can I apply for a PR visa with my old passport and send in the new one when it arrives in the next month?

What other options do we have? We can apply for second or subsequent resident visa but would like to leave that as a last resort.

Note: my residency visa expired while still in NZ. I am asking on here as I have not been able to get through to the contact center


Thanks in advance!

[Kelerei]

Note: my residency visa expired while still in NZ.

This is not possible. A Resident Visa permits its holder to remain in New Zealand indefinitely (RA1.1(b)(i)).

A Resident Visa expires in one of these ways:

• it is granted while the applicant is offshore, and the visa holder fails to travel to New Zealand within the validity of their first arrival travel condition (R5.66.1); or
• the multiple entry travel conditions are no longer valid, and the visa holder is outside New Zealand (R5.66.5).

The INZ 1176 guide contains a simple test that you can make: "To find out whether you currently hold a resident visa, check the expiry date of your multiple entry travel conditions. If you have been outside New Zealand at any point after the expiry of your travel conditions, your resident visa will have expired."

My question is, can I apply for a PR visa with my old passport and send in the new one when it arrives in the next month?

This is also not possible. Your old passport will not meet the INZ definition of "passport" as it fails A2.1.1, and therefore you will not meet the mandatory requirements for lodging an application for a variation of travel conditions, Permanent Resident Visa, or second or subsequent Resident Visa (RV1.10.10). Should you attempt this, INZ will not process your application and will return it to you.

You must therefore wait until you have received your new passport before you apply.

[JandM]

As Kelerei says, while you're in NZ, your Residence doesn't expire. What only has a life of 24 months are your travel conditions - rather strange name for the permission to re-enter the country if you've been overseas - and they are irrelevant while you are inside the country.

[lovelife95]

Thank you so much JandM and Kelerei. Its a relief knowing that his visa hasnt "expired" and we can just wait for the new passport to arrive.

I had some other questions:
1. When applying for PR again would we just apply with the new passport and provide evidence of the expired one?
2. My partner received a traffic offence fine and it is on my name (the vehicle is under my name). We are wondering if this will affect the application and whether it falls under the following conditions on the application (from INZ 1175 form):


"Have you or any of your family members included in your application ever been:

• convicted of an offence (including a traffic offence), committed within the last five years, involving dangerous driving, including drunk driving (driving with a blood or breath alcohol content in excess of a specified limit) or driving having consumed drugs?
• charged with, convicted of or investigated for any offences committed (including traffic or driving offences) since being granted New Zealand residence, or while on a temporary visa or when unlawfully in New Zealand? "

Thank you so much

[Kelerei]

1. When applying for PR again would we just apply with the new passport and provide evidence of the expired one?

Providing your current passport is a mandatory lodgement requirement (RV1.10.10(d)(ii)).

You are also required to provide evidence of your current or previous residence class visas (RV1.10.10(d)(i)). As INZ mantains records of visas issued and has done so for some time, INZ's own records are often sufficient evidence (RV1.15.1(c)), but a residence class visa in a current or expired passport is also considered sufficient evidence (RV1.15.1(a)).

Therefore, while you will be required to provide your new passport (or a certified copy), providing your previous passport is not required for the purposes of lodging your application; however you may still submit this with your application if you choose. If you do not provide your previous passport, INZ may request this from you at any time during the processing of your application if they deem this necessary to determine whether or not you meet the requirements to be granted a Permanent Resident Visa: previous posters on this forum have submitted both current and expired passports to preempt this.

2. My partner received a traffic offence fine and it is on my name (the vehicle is under my name). We are wondering if this will affect the application and whether it falls under the following conditions on the application (from INZ 1175 form):


"Have you or any of your family members included in your application ever been:

• convicted of an offence (including a traffic offence), committed within the last five years, involving dangerous driving, including drunk driving (driving with a blood or breath alcohol content in excess of a specified limit) or driving having consumed drugs?
• charged with, convicted of or investigated for any offences committed (including traffic or driving offences) since being granted New Zealand residence, or while on a temporary visa or when unlawfully in New Zealand? "

Refer to A5.25. If any of the listed scenarios apply to you, you are normally ineligible to be granted a Permanent Resident Visa unless granted a character waiver.

[JandM]

Was the "traffic offence fine" dealt with at the roadside by a ticket sent through the post, or did he have to go to court?

[lovelife95]

Hi JandM

It was sent through post. We checked with a lawyer who said it is a minor offence (not a conviction) so should be okay when applying for PR

[JandM]

Agreed, it doesn't HAVE to be declared, but many people, by way of showing complete honesty, say, "No. Paid infringement only."