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Permanent Resident Visa 

Permanent Resident Visa

The Permanent Resident Visa allows you to live, work and study in New Zealand indefinitely and travel in and out of the country without expiring travel conditions.

Most applicants must have held a Resident Visa for at least two years, met any conditions attached to it and demonstrated an acceptable commitment to New Zealand.

Although the general requirements may appear straightforward, eligibility can depend on when your residence period began, your exact travel history, any conditions attached to your visa and the circumstances of your family members.

Trusthaven Immigration can assess these matters and prepare your Permanent Resident Visa application.

Conditions Attached to Your Resident Visa

Some Resident Visas are granted subject to conditions under section 49 of the Immigration Act.

These may relate to:

  • Employment

  • Investments

  • Transferring funds to New Zealand

  • Establishing or operating a business

  • Sponsorship obligations

  • Providing further evidence within a specified period

 

You must normally demonstrate that all applicable conditions have been met before permanent residence can be granted.

The conditions should be checked against your eVisa, approval letter and the requirements of the category under which residence was granted.

Resident Visa or Permanent Resident Visa?

Both visas allow you to live, work and study in New Zealand indefinitely. The main difference relates to visa conditions and international travel. A Resident Visa usually has travel conditions that expire and may include other conditions that must be satisfied. If you are outside New Zealand when your travel conditions expire, your Resident Visa may also expire, and you may need to apply for new or extended travel conditions. In contrast, a Permanent Resident Visa has no visa conditions, allows you to travel to and from New Zealand indefinitely, and does not expire simply because you are overseas.

Permanent residence is not the same as New Zealand citizenship, which has separate eligibility requirements.

Travel Conditions and Visa Expiry

A Resident Visa normally allows you to travel to and from New Zealand only until the “Expiry date travel” shown on your visa.

If you remain in New Zealand after that date, you can ordinarily continue living, working and studying as a resident. However, problems can arise if you travel or remain overseas without valid travel conditions.

 

Your Resident Visa can expire if:

  • You are outside New Zealand when your travel conditions expire; or

  • You leave New Zealand after the travel conditions have expired

 

Submitting a Permanent Resident Visa application does not automatically extend your existing travel conditions.

 

If you are not yet eligible for permanent residence, you may need to apply for a variation of travel conditions before travelling.

Who May Be Eligible?

You may be able to apply for a Permanent Resident Visa if you:

  • Have held a New Zealand Resident Visa continuously for at least two years

  • Hold a current Resident Visa, or one that expired within the permitted period

  • Have met any conditions attached to your Resident Visa

  • Can demonstrate an acceptable commitment to New Zealand

  • Meet the applicable character requirements

 

Your two-year residence period does not necessarily begin on the date shown in your residence approval letter.

If residence was granted while you were outside New Zealand, the relevant period will generally begin when you first enter New Zealand as a resident. If you were already in New Zealand, it will generally begin when your Resident Visa was granted.

Determining the correct starting date is important because applying too early can result in the application not meeting the requirements.

Applying From Outside New Zealand

You may be able to apply for permanent residence while outside New Zealand, depending on whether your Resident Visa remains valid and whether you meet the other requirements.

Before applying or travelling overseas, it is important to establish:

  • Whether your Resident Visa is still current

  • When its travel conditions expire

  • Whether you meet the commitment requirement

  • Whether you complied with any visa conditions

  • Whether your intended travel could affect your resident status

  • Whether a different application is required

 

An offshore application should be planned carefully where travel conditions have expired or are approaching expiry.

Second or Subsequent Resident Visa

A Second or Subsequent Resident Visa may need to be considered where a Resident Visa has expired because the person:

  • Was outside New Zealand when their travel conditions expired; or

  • Left New Zealand after their travel conditions had expired

 

Eligibility depends on the person’s circumstances when the previous visa expired and whether they met the requirements for permanent residence or an extension of travel conditions at that time.

This is not an automatic reinstatement of residence. The previous visa, travel history, eligibility dates and connection to New Zealand must be assessed carefully.

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Including Your Partner & Children

You may be able to include your partner and eligible dependent children in your Permanent Resident Visa application.

The requirements depend on matters such as:

  • Whether they were included in the original residence application

  • Whether you were the principal applicant

  • Their current age and dependency

  • Their residence history

  • Their identity and character

  • Whether they are applying with, before or after the principal applicant

 

Family members included in the original residence application may be treated differently from those who obtained residence separately.

Special rules may also apply following separation, the death of the principal applicant, family violence or the principal applicant becoming a New Zealand citizen.

Common Permanent Residence Issues

An application can become complicated where:

  • The two-year residence period has been calculated incorrectly

  • One of the 184-day periods is incomplete

  • The applicant has spent substantial time overseas

  • Conditions attached to the Resident Visa have not been met

  • Travel conditions are close to expiry

  • The applicant is already outside New Zealand

  • A Resident Visa has expired

  • Family members have different residence histories

  • There have been changes in family circumstances

  • New character concerns have arisen

  • The selected commitment method is not supported by sufficient evidence

 

Identifying these issues before applying can help avoid unnecessary delays, requests for further information or an unsuccessful application.

How We Can Help

Our Licensed Immigration Advisers can:

  • Confirm when your two-year residence period began

  • Calculate your qualifying days in New Zealand

  • Identify the most appropriate commitment method

  • Review conditions attached to your Resident Visa

  • Check your travel-condition expiry date

  • Assess the effect of proposed international travel

  • Review partner and dependent-child eligibility

  • Identify the supporting evidence required

  • Prepare and submit your application

  • Respond to Immigration New Zealand concerns

  • Assess variation of travel conditions options

  • Advise on an expired Resident Visa

  • Assess eligibility for a Second or Subsequent Resident Visa

 

Our assessment is based on your complete immigration and travel history rather than the visa grant date alone.

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Secure Your Permanent Resident Status

The correct application date and supporting evidence depend on more than simply holding residence for two years.

Contact Trusthaven Immigration for a professional assessment of your residence history, travel records, visa conditions and family circumstances.

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