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Thread: Permanent Residence

  1. #1
    Join Date
    Aug 2004
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    Default Permanent Residence

    Hi All :cool

    On and off we see questions here about Permanent Residence, citizenship and how things work. Even though we used an immigration consulting firm, we were still a bit confused as to how it all worked ourselves. Since we just gained our NZ Residence we thought we’d share what happens. It’s kind of complicated but here goes...

    Regarding permanent residence...after you've been approved in principal (after the NZIS has confirmed all of your EOI supporting documentation, etc.) you will be asked to send your passport along with your fee ($300 NZD for each applicant) to the NZIS. They will return your passport with two stickers placed on two pages. One is a Residence Permit. The other is a Multiple Entry Returning Resident's Visa.

    The Residence Permit in your passport is confirmation you have the right to remain in, and settle in New Zealand. It is valid for as long as you are in New Zealand and could only be challenged if you had obtained it by fraud or if you committed a terribly serious crime :booby .

    The legal nature of any permit, however, is that it expires when the holder leaves New Zealand; so, to protect your right to leave NZ and to re-enter, your passport also contains a Returning Resident’s Visa. This RRV guarantees that during its life, you will be granted a fresh Residence Permit, when you come back to NZ after a trip away.

    The RRV is valid for multiple journeys, for a period of two years only. At the end of the two year period you will be entitled to an indefinite RRV if you meet certain criteria. There’s a number of ways to meet that criteria such as spending a total of 184 days or more in NZ for each year of the next two years. Or as principal applicant you establish a base in NZ by purchasing a family home within 12 months of the date you were granted your first Residence Permit and all of your family included in your Residence application have lived in that family home for 184 days or more in the next two years (the home can't be rented or leased out to someone else) and you have spent at least 41 days or more in NZ during the 12 months before your next RRV application. There are other criteria about establishing an IRD tax base and such, all too complicated :eek to go into here.

    The RRV Policy that applies to the principal applicant also applies to any dependants who have been associated with your application for residence. Their right to reside in NZ cannot be influenced by the principal applicants movements in and out of NZ; but their eligibility for an Indefinite RRV in two years time will be directly related to the principal applicant's eligibility for an IRRV.

    Phew! :

    The safe and conservative position is to ensure that you spend at least half of each of the next two years in NZ after having received your RP and RRV. After those two years you can file an application for an Indefinite RRV and that will be it...you'll be a VIP!

    After receiving your Residence Permit you can later apply for NZ citizenship. Currently the law allows you to apply for citizenship three years after receiving your Residence Permit. However, we have been told that effective January 1, 2005 that changed to five years. So anyone gaining an RP through December 31, 2004 can apply for NZ citizenship three years later, after January five years later.

    Hope that clears up a little confusion!

  2. #2
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    Default

    oh nice write up richadams...thx for sharing the information to all of us.
    I have told by a distance relative who lives in ChCh about the 184 days within 2 years to maintain the PR. Good thing hehehehe

  3. #3
    Join Date
    Oct 2004
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    Default

    Rich - fascinating. Thanks. So the initial batch of supporting papers (e.g., degree certificates; work-experience letters) is sent by the applicant before the occassion on which they are ever asked to send their passports? Not in the same envelope?

    Thanks again for your trouble,
    Matt.

  4. #4
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    That's a good posting.

    Matt .. I sent EVERYTHING off in the same envelope, certificates, passports, medicals, police checks ... thae whole 9 yards.

    Withing a fe days I got notifivation that all had been received and a receipt for the fee which I'd also paid.

    Diny

  5. #5
    Join Date
    Aug 2004
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    Oregon (Formerly Auckland)
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    Default Residence

    Hi All,

    Thanks for the kind words! :mrgreen:

    Yes we sent our supporting paperwork ahead as the consultant handled it first, then on to the NZIS. The passports were the last to go. But I don't see any reason they couldn't go together.

  6. #6
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    Papamoa since July 2004, forme
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    Default Re: Permanent Residence

    Quote Originally Posted by richsadams
    Hi All :cool

    On and off we see questions here about Permanent Residence, citizenship and how things work. Even though we used an immigration consulting firm, we were still a bit confused as to how it all worked ourselves. Since we just gained our NZ Residence we thought we’d share what happens. It’s kind of complicated but here goes...

    Regarding permanent residence...after you've been approved in principal (after the NZIS has confirmed all of your EOI supporting documentation, etc.) you will be asked to send your passport along with your fee ($300 NZD for each applicant) to the NZIS. They will return your passport with two stickers placed on two pages. One is a Residence Permit. The other is a Multiple Entry Returning Resident's Visa.

    The Residence Permit in your passport is confirmation you have the right to remain in, and settle in New Zealand. It is valid for as long as you are in New Zealand and could only be challenged if you had obtained it by fraud or if you committed a terribly serious crime :booby .

    The legal nature of any permit, however, is that it expires when the holder leaves New Zealand; so, to protect your right to leave NZ and to re-enter, your passport also contains a Returning Resident’s Visa. This RRV guarantees that during its life, you will be granted a fresh Residence Permit, when you come back to NZ after a trip away.

    The RRV is valid for multiple journeys, for a period of two years only. At the end of the two year period you will be entitled to an indefinite RRV if you meet certain criteria. There’s a number of ways to meet that criteria such as spending a total of 184 days or more in NZ for each year of the next two years. Or as principal applicant you establish a base in NZ by purchasing a family home within 12 months of the date you were granted your first Residence Permit and all of your family included in your Residence application have lived in that family home for 184 days or more in the next two years (the home can't be rented or leased out to someone else) and you have spent at least 41 days or more in NZ during the 12 months before your next RRV application. There are other criteria about establishing an IRD tax base and such, all too complicated :eek to go into here.

    The RRV Policy that applies to the principal applicant also applies to any dependants who have been associated with your application for residence. Their right to reside in NZ cannot be influenced by the principal applicants movements in and out of NZ; but their eligibility for an Indefinite RRV in two years time will be directly related to the principal applicant's eligibility for an IRRV.

    Phew! :

    The safe and conservative position is to ensure that you spend at least half of each of the next two years in NZ after having received your RP and RRV. After those two years you can file an application for an Indefinite RRV and that will be it...you'll be a VIP!

    After receiving your Residence Permit you can later apply for NZ citizenship. Currently the law allows you to apply for citizenship three years after receiving your Residence Permit. However, effective January 1, 2005 that will change to five years. So anyone gaining an RP through December 31, 2004 can apply for NZ citizenship three years later, after January five years later.

    Hope that clears up a little confusion!
    Hi,

    Thanks for this info, very useful!....I'm going to ask a question, sort of on this theme. If it's been asked b4 I apologise. Am I correct in thinking that once granted a PR & RRV you would only have to remain in NZ for eighteen months b4 beaing able to work in OZ? or am I on the wrong horse, barking up the wrong tree?

    Thanks to anyone who can help clear the fog in my little brain!

    DLW

  7. #7
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    DLW

    I can't help with a definate answer I'm afraid, but I do know that in recent years the NZIS have made things alot tougher due to the increased amount of people using NZ as a quick and easy backdoor into Oz.

    I know that if you have an NZ passport you can move between the 2 countries at will, however I'm not sure whether a PR visa in a non NZ passport would allow you the same amount of freedom - especially if you plan on spending any extended periods in Oz.

    The criteria for obtaining NZ citizenship, thus entitling you to an NZ passport, is changing from 1st January 2005. Up to this date you can apply for citizenship after having PR for 3 years, after that date you it will be increased to 5 years. I understand that one of the reasons for this is to clamp down on the 'back door to Oz' situation.

    Sorry I can't be more specific, I'm sure the NZIS website will give you all the answers.

    Diny

  8. #8
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    Aug 2004
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    Auckland NZ since Jan 27
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    Default

    Very informative. Thanks for the write up. Its much appreciated.

  9. #9
    Join Date
    Aug 2004
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    Austin, Texas, USA
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    Default Re: Permanent Residence

    All right, let me dig this post back up and ask some questions about it, as I've been lying low for a while and not keeping up-to-date on posts.

    If I read this correctly, there are no limitations, in the first two years, on how much time you spend in NZ. You just must enter the country at least once in the year following having your PR granted. After that, the time you do (or don't) spent in NZ only affects your ability to get an indefinite RRV.

    The reason I ask - I'm thinking about putting off my move to NZ, and trying to see how feasible it is. Since I'm already through to the ITA, I don't want to throw this work away. I'm thinking of following through and getting the PR, but not necessarily moving to NZ quite yet. It sounds like that's possible, but there might be issues with re-entry after two years. Rich, do you (or anyone else) have a link to where you got this information so that I may figure out what my options are?

    As always, your informative posts are greatly appreciated.

    J


    Quote Originally Posted by richsadams
    The Residence Permit in your passport is confirmation you have the right to remain in, and settle in New Zealand. It is valid for as long as you are in New Zealand and could only be challenged if you had obtained it by fraud or if you committed a terribly serious crime :booby .

    The legal nature of any permit, however, is that it expires when the holder leaves New Zealand; so, to protect your right to leave NZ and to re-enter, your passport also contains a Returning Resident’s Visa. This RRV guarantees that during its life, you will be granted a fresh Residence Permit, when you come back to NZ after a trip away.

    The RRV is valid for multiple journeys, for a period of two years only. At the end of the two year period you will be entitled to an indefinite RRV if you meet certain criteria. There’s a number of ways to meet that criteria such as spending a total of 184 days or more in NZ for each year of the next two years. Or as principal applicant you establish a base in NZ by purchasing a family home within 12 months of the date you were granted your first Residence Permit and all of your family included in your Residence application have lived in that family home for 184 days or more in the next two years (the home can't be rented or leased out to someone else) and you have spent at least 41 days or more in NZ during the 12 months before your next RRV application. There are other criteria about establishing an IRD tax base and such, all too complicated :eek to go into here.

  10. #10
    Join Date
    Sep 2004
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    Bucklands Beach, Auckland
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    893

    Default

    Thanks for this posting Rich, very informative as usual

    Just a thought:

    What happens to the 'visa stamps' in your passport if your passport runs out within the 2 years? (I know passports need to have a certain length of time left on them when you apply, but don't think it's as long as 2 yrs).
    In this case would you 'simply' contact NZIS and get the visa's again in your new passport?
    Has anybody experienced this?

    Babette

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