Resident visa expired

[rajmer]

outside of New Zealand from
23/2/20.

resident visa expired on
10/7/20.

Pr application received by inz on
10/08/20.

Minister of immigration granted me a visa under 61a(2) of the immigration act 2009 on
2/12/20

First email from inz about pr on exactly 6 months after my resident visa expired
12/1/21

(No chance to continue my time spent in New Zealand requirement for pr)

Short of 30 days for the time spent in New Zealand requirement. Pr declined

Inz received my application for second or subsequent resident visa on
5/7/22.

61a(2) resident visa expired on
22/9/22.

Immigration officer said that she doesn’t feel that granting me ssrv will be helpful for me, cause it would have expired on
10/7/21

She also said that i can’t get variation of travel condition because my current travel condition is expired.

But Inz received my ssrv and votc application
(5/7/22)when my travel condition was valid.

Inz took long time to respond my application, if they have declined my application earlier, i would have re entered New Zealand before my travel condition expiry
(22/7/22).

She didn’t made any decision yet, she gave me time to provide any evidence.

Is there any chance i can get variation of travel condition just to re enter New Zealand?

Thankful

[Kelerei]

As you have stated that you have not spent any time in New Zealand from 2020, you clearly do not meet the criteria for a 12-month variation of travel conditions (RV3.5) or a 14-day variation of travel conditions (RV3.10). The only way in which you may still get a variation of travel conditions is if one of the special provisions at RV3.20 apply to you.

This also has an effect on your application for a second or subsequent Resident Visa: if you did not meet the criteria to be granted a variation of travel conditions had you applied for it on the date your current Resident Visa expired (i.e. on 22 September 2022), your application for a second or subsequent Resident Visa must be declined (unless of the special provisions in RV4.20 apply to you). See RV4.10.

If you are granted neither a second or subsequent Resident Visa nor a variation of travel conditions, you must reapply for your original residence class visa (e.g. Partnership Category, Skilled Migrant Category) if you still wish to live in New Zealand, and meet the updated criteria as of the time of your reapplication.

[rajmer]

I’m indian citizen,never married and was granted skilled migrant resident visa.

I’m applying this ssrv on the base of time spent in New Zealand on my skilled migrant resident visa. Which expired on 10/7/20 and i can apply for ssrv in 24 months of time. If we count backwards 24 months from 10/7/20 i was eligible for permanent resident visa.

When I applied for my this application for ssrv i was holding a valid resident visa, therefore I think I should be granted variation of travel condition at least.

As you have stated that you have not spent any time in New Zealand from 2020, you clearly do not meet the criteria for a 12-month variation of travel conditions (RV3.5) or a 14-day variation of travel conditions (RV3.10). The only way in which you may still get a variation of travel conditions is if one of the special provisions at RV3.20 apply to you.

This also has an effect on your application for a second or subsequent Resident Visa: if you did not meet the criteria to be granted a variation of travel conditions had you applied for it on the date your current Resident Visa expired (i.e. on 22 September 2022), your application for a second or subsequent Resident Visa must be declined (unless of the special provisions in RV4.20 apply to you). See RV4.10.

If you are granted neither a second or subsequent Resident Visa nor a variation of travel conditions, you must reapply for your original residence class visa (e.g. Partnership Category, Skilled Migrant Category) if you still wish to live in New Zealand, and meet the updated criteria as of the time of your reapplication.

[Kelerei]

I’m applying this ssrv on the base of time spent in New Zealand on my skilled migrant resident visa. Which expired on 10/7/20 and i can apply for ssrv in 24 months of time. If we count backwards 24 months from 10/7/20 i was eligible for permanent resident visa.

Due to the time that has elapsed since the expiry of this residence class visa, this is impossible. If applying for a 12-month variation of travel conditions, your presence in New Zealand immidiately preceding the date of application is what is taken into consideration (see RV3.5.1), and as mentioned earlier, this is in turn what is considered for your application for a second or subsequent Resident Visa (RV4.10(a)(i)).

To be eligible to be granted a second or subsequent Resident Visa based on being eligible for a Permanent Resident Visa on the day your Skilled Migrant Category Resident Visa expired on 10 July 2022, your application for a second or subsequent Resident Visa would need to have been lodged by no later than 10 July 2022 (RV4.10(a)(ii)), and also note that the travel conditions on such a visa would only have been valid through to 10 July 2022 (RV4.15(b)(ii)).

When I applied for my this application for ssrv i was holding a valid resident visa, therefore I think I should be granted variation of travel condition at least.

Whether or not you were holding a valid resident visa at the time of your application for a second or subsequent Resident Visa is irrelevant. There is no immigration instruction where this is a consideration. If you think about it, it makes sense for this to not be a factor, as a second or subsequent Resident Visa is intended for those with expired visas to return to New Zealand as a resident (RV4.5).

To be granted a second or subsequent Resident Visa based on meeting the requirements for a 12-month variation of travel conditions (per RV3.5), you need to ask yourself the following questions:

• Was I physically present in New Zealand as a resident for a total of 184 days or more in at least one of the two 12-month portions in the 24 months immediately preceding the date my current residence class visa expired?
• If so, and if I were to have been granted a 12-month variation of travel conditions on the date my current residence class visa expired, would those travel conditions still have been valid on the day that I applied for my second or subsequent Resident Visa?

Only if you can answer both questions in the affirmative may you be granted a second or subsequent Resident Visa under RV4.10(a).

Please read the INZ 1176 guide and the entirety of immigration instructions RV3 and RV4 before posting any futher questions. Your last sentence makes it abundantly clear that you fail to understand or refuse to understand the relevant requirements that you must meet, and I will therefore not answer any further questions from you without a demonstration of such understanding.