[JohnnyBravo]

As I understand, there was a recent change to the application requirements for NZ citizenship that states that the standard period of residence in New Zealand will increase from three years to five years for all new permanent residents from 1 January 2005.

People who will be applying between 1 January 2005 and 31 December 2009, but who were entitled to be in New Zealand indefinitely before 1 January 2005 will have to meet the current residence requirement (three years ordinary residence).

This brings me to my question. I have been granted a residence visa (via SKilled migration), but have not entered NZ yet. As I understand, a visa gives me permission to land in New Zealand and the permit (Permanent Residence) will be stamped in my passport the day I arrived in NZ. To qualify for the 3 years ordinary residence in this case, does it mean that I need to ENTER NZ before the 1st of January 2005 or is it good enough that I have been granted a visa before the 1st ?
:eek

[captainxmas]

JB

IMHO the case hangs on you being 'in country', qualification is counted from time spent as a resident within New Zealand, and that time being greater than time spent outside NZ.

It's support of your integration and commitment to joining the country, rather than having the right to residency.


From what you said, you would have had to be over there for a good while before you could apply for Citizenship.

Anybody else?

[markkellaway]

Johnny,

I'm not sure I understand your question. From my understanding the PR rules are not changing, the initial PR is granted and as long as you satisfy the requirements (owning a house is one that does it but can't remember all) you are entitled to stay forever, this happens after a year I thought.

The thing that changes on 1st January is the ability to apply for citizenship, i.e. to have an NZ passport and any other rights that come as a result. Citizenship is not compulsory and lack of it does not mean you will be thrown out.

Have I missed the point?

Mark. :P

[Diny]

Mark

I think you may have missed the point just a little. I don't think Jonny is worried about 'being kicked out' - or have I misunderstood your posting? heck this is getting complicated !!!! :P

Jonny, I agree with Captain. Your visa means you are entitled to enter NZ for an indefinate period, but your 'clock doesn't start ticking' until you actually enter the country and get your passport stamped. If you enter before Jan 1st 2005 then you will only have to wait 3 years until you can apply for NZ citizenship. If you arrive on or after 1st January 2005, you will have to wait 5 years before you qualify to apply.

In the meantime, you will be classed as a PR (unless you do something which warrants having that status removed).

Hope this helps.

Diny

[Arlevien]

Mark

I think you may have missed the point just a little. I don't think Jonny is worried about 'being kicked out' - or have I misunderstood your posting? heck this is getting complicated !!!! :P

Jonny, I agree with Captain. Your visa means you are entitled to enter NZ for an indefinate period, but your 'clock doesn't start ticking' until you actually enter the country and get your passport stamped. If you enter before Jan 1st 2005 then you will only have to wait 3 years until you can apply for NZ citizenship. If you arrive on or after 1st January 2005, you will have to wait 5 years before you qualify to apply.

In the meantime, you will be classed as a PR (unless you do something which warrants having that status removed).

Hope this helps.

Diny

Diny, I actually have the same question in mind as JB. But this just clears the smoke. Thanks for clarifying.

[cagcagb]

hello jb

i also have the same question.

coz the law says from the time you are eligible to stay in nz. A strict interpretation of this provision would mean the reckoning period should be from the time you received your PR and not from the time you actually entered nz, the latter being used to determine whether you have met the required number of years of stay.

I do hope my interpretation is correct. I think it would be best to ask your case officer.

Please do give us an update if you receive a definite answer.

thanks.

cathy :mrgreen:

[veronica]

Mark, as I understand it PR only applies if you stay in the country. If you leave NZ for a long period of time such as three years then I think you lose the perminent resident status and would have to reapply. Once you have citizenship you can leave the country for as long as you like but can come back in without a problem.

[JohnnyBravo]

I mailed the Department of Internal Affairs. Their answer:

"New Zealand permanent residence does not take affect until you arrive in
New Zealand."

Which I read as although you have a visa, you must be in NZ before the 1st of Jan to qualify for the 3years.

I do not have the Permanent Residence PERMIT yet, just the visa. (have not entered NZ at all)