Originally Posted by
rajmer
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)).
Originally Posted by
rajmer
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.