Question about rule applied for Permanent residency

[Torki]

Before asking my question i read whole the website of INZ ion detail. But it is confusing for me so would appreciate if someone clarify this sentence:

If you need to leave the country temporarily on a Resident Visa and your travel conditions have expired, apply for a Permanent Resident Visa or a variation of your travel conditions to return to New Zealand as a resident.


If you do leave New Zealand without valid travel conditions allowing you to re-enter as a resident, your Resident Visa will expire. However, if you have not been outside of New Zealand for long, you may still be able to get either a Permanent Resident Visa or a new Resident Visa.

before going there, first of all if we live inside NZ just for 184 days or more (say one year) within last two years in the day of PR application could it be approved? This question is important to me as I want to know whether one of five requirements could be enough to be satisfied in order to apply for RP?
And regarding the sentence above it seems that if we are outside of NZ, we cannot apply for RP if our rv expired even if we satisfy the requirement, right? We need to be inside NZ and if we are outside they reject it and we should again apply for residency or variation? Is it same as apply and then leave country the same rule or it is possible?

[Kelerei]

before going there, first of all if we live inside NZ just for 184 days or more (say one year) within last two years in the day of PR application could it be approved? This question is important to me as I want to know whether one of five requirements could be enough to be satisfied in order to apply for RP?

Pursuant to RV2.5, you may be granted a Permanent Resident Visa if:

1. you either:
   
   1. hold a Resident Visa, and have held that Resident Visa continuously for at least 24 months at the time of application; or
   2. have held a Resident Visa that expired in the three months before the application is made, and had held that Resident Visa continuously for at least 24 months before it expired (provided RV1.25 does not apply); and
2. your first day in New Zealand as a resident was at least 24 months before the application is made; and
3. you can demonstrate a commitment to New Zealand by meeting the requirements of any one of 5 ways in which this may be demonstrated; and
4. you have met any conditions imposed under section 49(1) or section 50 of the Immigration Act (if this applies to you); and
5. you continue to meet character requirements for residence.

And regarding the sentence above it seems that if we are outside of NZ, we cannot apply for RP if our rv expired even if we satisfy the requirement, right? We need to be inside NZ and if we are outside they reject it and we should again apply for residency or variation? Is it same as apply and then leave country the same rule or it is possible?

It is possible to be granted a Permanent Resident Visa even if the original Resident Visa has expired: see RV2.5(a)(ii) above.

If you are out of the country with an expired Resident Visa and RV2.5(a)(ii) does not apply, you may instead be eligible for a Second or Subsequent Resident Visa. If you also do not meet the criteria for this, you would need to apply for a further Resident Visa as if it is your first time applying, if you still wish to continue residing in New Zealand.

[Torki]

Pursuant to RV2.5, you may be granted a Permanent Resident Visa if:

1. you either:
   
   1. hold a Resident Visa, and have held that Resident Visa continuously for at least 24 months at the time of application; or
   2. have held a Resident Visa that expired in the three months before the application is made, and had held that Resident Visa continuously for at least 24 months before it expired (provided RV1.25 does not apply); and
2. your first day in New Zealand as a resident was at least 24 months before the application is made; and
3. you can demonstrate a commitment to New Zealand by meeting the requirements of any one of 5 ways in which this may be demonstrated; and
4. you have met any conditions imposed under section 49(1) or section 50 of the Immigration Act (if this applies to you); and
5. you continue to meet character requirements for residence.

It is possible to be granted a Permanent Resident Visa even if the original Resident Visa has expired: see RV2.5(a)(ii) above.

If you are out of the country with an expired Resident Visa and RV2.5(a)(ii) does not apply, you may instead be eligible for a Second or Subsequent Resident Visa. If you also do not meet the criteria for this, you would need to apply for a further Resident Visa as if it is your first time applying, if you still wish to continue residing in New Zealand.

Thank you for your time. Details are perfect. Based on your post it will be headache if we want to apply for pr outside of NZ it is risky as our rv will be expired that time and need to apply for another rv or variation of condition. lots of headache.
Better to be inside and get PR

[Torki]

Pursuant to RV2.5, you may be granted a Permanent Resident Visa if:

1. you either:
   
   1. hold a Resident Visa, and have held that Resident Visa continuously for at least 24 months at the time of application; or
   2. have held a Resident Visa that expired in the three months before the application is made, and had held that Resident Visa continuously for at least 24 months before it expired (provided RV1.25 does not apply); and
2. your first day in New Zealand as a resident was at least 24 months before the application is made; and
3. you can demonstrate a commitment to New Zealand by meeting the requirements of any one of 5 ways in which this may be demonstrated; and
4. you have met any conditions imposed under section 49(1) or section 50 of the Immigration Act (if this applies to you); and
5. you continue to meet character requirements for residence.

It is possible to be granted a Permanent Resident Visa even if the original Resident Visa has expired: see RV2.5(a)(ii) above.

If you are out of the country with an expired Resident Visa and RV2.5(a)(ii) does not apply, you may instead be eligible for a Second or Subsequent Resident Visa. If you also do not meet the criteria for this, you would need to apply for a further Resident Visa as if it is your first time applying, if you still wish to continue residing in New Zealand.

I am sorry you might become angry, but I have problem with terms in RV2.5(a)(ii). Lets have an example and count days. Consider I fulfil that 184 days each year and I get my residency today. Now, it is 15.06.2026 and I am outside of NZ. i apply for PR in 16.06.2026 and my rv already expired. Am I eligible to get pr and enter country without any other visa or extending rv? I dont understand that 3 months exactly.

[Kelerei]

I am sorry you might become angry, but I have problem with terms in RV2.5(a)(ii). Lets have an example and count days. Consider I fulfil that 184 days each year and I get my residency today. Now, it is 15.06.2026 and I am outside of NZ. i apply for PR in 16.06.2026 and my rv already expired. Am I eligible to get pr and enter country without any other visa or extending rv? I dont understand that 3 months exactly.

There's a good example of this in action at AP (Permanent Resident) [2016] NZIPT 202974.

I must also add that, depending on your circumstances, it may be possible to vary your travel conditions and therefore not have to deal with an expired Resident Visa in the first place.