Overseas application for Resident to Permanent Residence

[IT_GUY]

Kia Ora everyone,

My Resident visa was issued on 07/07/2021 and expires on 07/07/2023.
I'm going overseas for 6 months and my Resident visa will be expiring while I'm overseas.
I have lived in NZ since the resident visa was granted hence the 184 days per year criteria is satisfied for both years .
Also there was section 49(1) condition on my resident visa but as I have been in the same job for more than 12 months that shouldn't matter.
I wanted to check if there is any difference in applying for the resident visa while I'm overseas vs while I'm in NZ and if there would be anything that different that needs to be done.
I will be applying for the resident visa on 08/07/2023 as soon as the "holding resident visa for two years" condition is met.
Please let me know if this would be a straightforward application or if anything extra needs to be done.

Thanks in Advance

[Kelerei]

There are no restrictions in the relevant immigration instructions (RV2) pertaining to where an application for a Permanent Resident Visa must be lodged. The only difference is that, if overseas, you would lodge your application at your closest foreign Visa Application Centre: use the online office finder to find the relevant Visa Application Centre.

Keep in mind that you will be unable to return to New Zealand in the period between your Resident Visa expiring and your Permanent Resident Visa being granted (if indeed you are granted one). If you consider it possible that you would need to return to New Zealand before your Permanent Resident Visa is granted (which includes any processing delays on INZ's part), then consider applying for a variation of travel conditions prior to your departure.

EDIT: Regarding your Section 49(1) conditions: if you have not already had them formally cancelled by INZ, you must provide evidence with your application that you have met your Section 49(1) conditions. If you cannot prove to INZ's satisfaction that you have met your Section 49(1) conditions, your application for a Permanent Resident Visa must be declined under RV2.5(d). The evidence that you are required to provide will be specific to your Section 49(1) conditions; INZ would likely have informed you what is required when they granted your Resident Visa. Note that this will almost certainly increase the Permanent Resident Visa processing time in your case as INZ would need to verify that your Section 49(1) conditions have been met and cancel them as part of processing your Permanent Resident Visa, however there is nothing stopping you from having your Section 49(1) conditions cancelled now if you have already met them.

[IT_GUY]

Hi Kelerei,

Thanks a lot for the quick reply, really appreciate it, Please clear one more doubt.

Regarding section 49 Is it acceptable to send a certified copy of my passport rather than the original one? The reason I'm asking is that I wish to get the section 49(1) conditions removed before I leave NZ to reduce the Resident Visa processing time but INZ needs the original passport for this and I would be leaving NZ in 4 weeks for which I need my passport, I will also mention this in my cover letter.

I will have 3 months after I have applied for permanent residence and looking at the posts on this thread https://www.enz.org/forum/showthread...=57001&page=27 it usually takes around 30-60 days for Permanent Resident Visa to be granted so I will take my chances there.

I got a bit of fright reading (if indeed you are granted one), I'm sure there is no reason for rejection but in the worst-case scenario, I have backup options like variation of travel conditions/Second resident visa just in case.

[Kelerei]

Regarding section 49 Is it acceptable to send a certified copy of my passport rather than the original one? The reason I'm asking is that I wish to get the section 49(1) conditions removed before I leave NZ to reduce the Resident Visa processing time but INZ needs the original passport for this and I would be leaving NZ in 4 weeks for which I need my passport, I will also mention this in my cover letter.

INZ will generally accept a certified copy of a passport, but may request an original at any time.

I will have 3 months after I have applied for permanent residence and looking at the posts on this thread https://www.enz.org/forum/showthread...=57001&page=27 it usually takes around 30-60 days for Permanent Resident Visa to be granted so I will take my chances there.

Just keep in mind that processing times may increase at any time. Right now, a considerable number of INZ staff has been impacted by the recent Auckland flooding, so they are operating with reduced capacity (see the INZ announcment regarding this here).

I got a bit of fright reading (if indeed you are granted one), I'm sure there is no reason for rejection but in the worst-case scenario, I have backup options like variation of travel conditions/Second resident visa just in case.

I can't assume that you'll simply be granted a visa!

[IT_GUY]

Hi kelerei,

Thanks for the info really appreciate the help.

[IT_GUY]

Updating the post about Processing time.

Documents sent to INZ - 14 March 2023

Email received from INZ (SECTION 49(1) CONDITIONS REMOVED) - 19 April 2023

[KiaWright]

Thanks for the info, keep updating us. I also want to know it.