Permanent resident for dependent

[Torki]

I have two questions. If someone is eligible for applying pr and say he is outside of NZ and he has not any visa to enter nz now. Could he apply for pr outside of NZ or he should be inside NZ?
Is that 184 days for each year or 2 years totally? So, consider someone is outside NZ and he has been in NZ for 22 months in previous two years and now outside of NZ and his resident visa is expired. could he apply for pr and if accepted come to NZ without anything required?
Also, if someone is non principal applicant for residency and now wants to apply for pr but he divorced. I read:
If you were the principal applicant’s partner when you were included in their residence application, you may be eligible for a variation of travel conditions or a new resident visa if one the following apply to you:

You and the principal applicant have separated or divorced.
You have a protection order against the principal applicant.
The principal applicant has been convicted of an offence against you or a dependent child.
The principal applicant died.
The principal applicant is a New Zealand citizen now.

So, this "eligible for a variation of travel conditions or a new resident visa" means that the non principal person could not apply for pr directly and needs to apply for residency again?!

[Kelerei]

I have two questions. If someone is eligible for applying pr and say he is outside of NZ and he has not any visa to enter nz now. Could he apply for pr outside of NZ or he should be inside NZ?
Is that 184 days for each year or 2 years totally? So, consider someone is outside NZ and he has been in NZ for 22 months in previous two years and now outside of NZ and his resident visa is expired. could he apply for pr and if accepted come to NZ without anything required?

There is no requirement in terms of where an application for a Permanent Resident Visa may be lodged.

Regardless of where the application is lodged, applicants for a Permanent Resident Visa must meet all of RV2.5(a) to RV2.5(e). For someone whose Resident Visa is already expired, RV2.5(a)(ii) is of particular importance.

If a person with an expired Resident Visa does not meet the requirements for a Permanent Resident Visa, they may (or may not) be eligible for a Second or Subsequent Resident Visa instead. If the requirements for a Second or Subsequent Resident Visa also cannot be met, the person must submit a further application for the original residence class visa if they still wish to live in New Zealand.

Your query regarding demonstrating a commitment to New Zealand by means of significant time spent in New Zealand is answered by RV2.5.1.

Also, if someone is non principal applicant for residency and now wants to apply for pr but he divorced.

RV1.20 determines the eligibility of people who were not principal applicants in the original residence application to be granted a variation of travel conditions, Second or Subsequent Resident Visa, or a Permanent Resident Visa.

R2.1 determines who can be included in an application for a variation of travel conditions, Second or Subsequent Resident Visa, or a Permanent Resident Visa.

Reading both of these together will answer your question.

[Torki]

There is no requirement in terms of where an application for a Permanent Resident Visa may be lodged.

Regardless of where the application is lodged, applicants for a Permanent Resident Visa must meet all of RV2.5(a) to RV2.5(e). For someone whose Resident Visa is already expired, RV2.5(a)(ii) is of particular importance.

If a person with an expired Resident Visa does not meet the requirements for a Permanent Resident Visa, they may (or may not) be eligible for a Second or Subsequent Resident Visa instead. If the requirements for a Second or Subsequent Resident Visa also cannot be met, the person must submit a further application for the original residence class visa if they still wish to live in New Zealand.

Your query regarding demonstrating a commitment to New Zealand by means of significant time spent in New Zealand is answered by RV2.5.1.



RV1.20 determines the eligibility of people who were not principal applicants in the original residence application to be granted a variation of travel conditions, Second or Subsequent Resident Visa, or a Permanent Resident Visa.

R2.1 determines who can be included in an application for a variation of travel conditions, Second or Subsequent Resident Visa, or a Permanent Resident Visa.

Reading both of these together will answer your question.

Thanks. Yeas I read that. Only question is about the dependent and divorce. If someone has resident visa and divorce legally is he able to apply for pr if he has all other conditions? non principal applicant

[JandM]

See RV1.20.1, at the link Kelerei gave above. There is just the need to show evidence of the divorce, as well as meeting the other conditions.