Citizenship query

[kaybee1661]

I’m a Brit who has been a resident of NZ since December 2018. This makes me eligible to apply for citizenship in December this year. However am I correct in reading that as soon as I hit 4 years 8 months (August) I can apply? As I tick the 240 days in the year requirement?

My partner (a kiwi) is keen to do some work over in Australia again. What is the rules around leaving the country after getting citizenship?

We have a house here and I envisage NZ being our home in the long run. Likely we’ll rent the house out if we go overseas rather than selling it.

If we were to go to Aussie, I would continue to work contracting remotely for my current employer in NZ.

Can anyone offer any advice on this? I’ve been in NZ for nearly 12 years. I don’t want to jeopardise my position and relationship with the country!!

[ankirs]

Yes, you can apply after 8 months in your 5th year as long as you haven't left the country in these 8 months. If you have, you need to add the number of days that you've been out of the country to those 240 days. I.e. if you were out of the country for 5 days after your fifth year started, you can apply on day 246.

When you apply for citizenship, you need to declare your intention to live in the country, however, once you're a citizen there are no additional rules, and there are no distinctions between citizens by descent and naturalised citizens. You can come and go as you please and move overseas if need to, the same as with your British citizenship.

[Kelerei]

Referring to Section 8 of the Citizenship Act 1977:

I’m a Brit who has been a resident of NZ since December 2018. This makes me eligible to apply for citizenship in December this year. However am I correct in reading that as soon as I hit 4 years 8 months (August) I can apply? As I tick the 240 days in the year requirement?

The legal requirement is that, since becoming a resident in December 2018, you are present in New Zealand for at least 1,350 days in the 5 year period immediately before you apply, and for 240 days in each of those 5 years. It is therefore technically possible to meet the presence requirement in 4 years and 240 days, but this is dependent on your individual travel movements. It would be best to perform a manual calculation yourself prior to submitting your application: the online presence calculator has known inaccuracy issues.

The post by ankirs above is incorrect. The Citizenship Office counts the five one-year periods backwards from your date of application, not forwards from your date of gaining residency, and therefore if you apply at the 4 year and 240 mark it will be travel in the first 240 days that may trip you up.

My partner (a kiwi) is keen to do some work over in Australia again. What is the rules around leaving the country after getting citizenship?

The legal requirement is that you intend, if granted New Zealand citizenship, to continue to reside in New Zealand: this must be a a continuing intention throughout the period from the date of application for citizenship until the date that you become a citizen. There is therefore no issue if your circumstances change after you become a citizen, but as you are already contemplating migrating to Australia, you are legally obligated to inform the Citizenship Office of this intention.

The intention to reside requirement will be met if, even if you intend not to reside in New Zealand, you continue in service in the employment of a person, company, society, or other body of persons resident or established in New Zealand. Your plans to continue to work contracting remotely for your current employer in New Zealand may therefore be sufficient to meet the intention to reside requirement. The Citizenship Office will assess this and make the final determination when you submit your application.

[TheNewKiwi]

I’m a Brit who has been a resident of NZ since December 2018. This makes me eligible to apply for citizenship in December this year. However am I correct in reading that as soon as I hit 4 years 8 months (August) I can apply? As I tick the 240 days in the year requirement?

Your travel movements may change this, but I never left NZ from the time I was granted my residence visa. Therefore, in MY case, I was eligible to apply at 4 years and 240 days, which the presence calculator confirmed. Any travel outside NZ may affect your outcome and require waiting additional time, as Kelerei and ankirs stated.