[leejenns]

Can anyone advise me on the following.

I am currently living in NZ on a works to residancy visa (6 months in), having a great time!

My wife's parents are retiring in 6 months and selling their business.
Want to know if they can apply for a 12 month visitors visa and come across to NZ while they wait for us to become eligible to apply for PR, then they would apply for PR as they have no family in the UK.

thanks

[IanW99]

Can anyone advise me on the following.

I am currently living in NZ on a works to residancy visa (6 months in), having a great time!

My wife's parents are retiring in 6 months and selling their business.
Want to know if they can apply for a 12 month visitors visa and come across to NZ while they wait for us to become eligible to apply for PR, then they would apply for PR as they have no family in the UK.

thanks

Not sure that I can answer your question, but do wonder why you are waiting to be eligible to apply for PR, I would have thought you were already eligible? You don't have to wait 2 years before applying i.e. as long as you have enough points you can apply at any time. Many people come over on a WTR and then apply almost straight away for their PR.

Also, AFAIK if your parents did come over on a 12 month visa then they would then need to stay out of NZ for the at least the next 12 months. Is this what you are already expecting if not I'm sure that someone can confirm or deny?

Are you looking for the best options for them to join you? If so, there may be other options open that could work to your advantage e.g. LTBV?

Ian

[Moorf]

I believe there have been recent (Nov '07) changes to the Parents and Grandparents visa allowing them to enter NZ multiple times over a 3 year period. No one stay can be more than 6 months but parents can then leave and come back as long as they don't stay more than 18 months in NZ across the 3 year visa period.

More info here: http://www.immigration.govt.nz/migrant/stream/visit/visitors/specialvisitors.htm

and here: http://www.immigration.govt.nz/migrant/general/generalinformation/qanda/mulitpleentry.htm

HTH
Moorf

[IanW99]

Good point Moorf, I was only thinking about the visitors visa.

It's interesting that you can apply for a 9 month visitors visa which you may be able to extend an additional 3 months up to a total of 12 months whilst the parents visa you can only stay for a max of 6 months at a time.

Although I suppose a quick visit to Oz would be suffice to come back and stay again.

Ian

[Moorf]

It's interesting that you can apply for a 9 month visitors visa which you may be able to extend an additional 3 months up to a total of 12 months whilst the parents visa you can only stay for a max of 6 months at a time.

I guess it gives parents the option of more frequent visits, although I'm not sure I'd want to be flying back and forth that much. Yep, the quick trip to Oz looks like it's an option with the parent visa. I can't see anywhere where it says there's a time limit on staying out of the country.... anyone?

[IanW99]

I guess it gives parents the option of more frequent visits, although I'm not sure I'd want to be flying back and forth that much. Yep, the quick trip to Oz looks like it's an option with the parent visa. I can't see anywhere where it says there's a time limit on staying out of the country.... anyone?

From the NZIS website:-

Is there any time limit for me to stay outside New Zealand before I can return to New Zealand on this multiple visa?

No. You can return to New Zealand at any time during the currency of your multiple visa; however, you must not exceed the maximum entitlement of 18 months in New Zealand during the currency of your visa.

Ian

[wilson182]

This may be me getting the wrong end of the stick again, but...........


A Work to Residence permit is completely different from a Work Permit. AFAIK someone on a Work To Residence permit does has to fufill a certain time frame before applying for Residency. Someone on a Work Permit can apply for residency at any time (obviously allowing enough time for the Residency to be granted before the Work Permit expires - thus avoiding being an overstayer)

This may have all changed but I thought that someone from the UK got an automatic 6 month visa, they could then apply for a 3 month extention taking them upto a 9 month visa. Has it changed so that you can get a 9 month visa which can be extended to 12 months?

[IanW99]

This may be me getting the wrong end of the stick again, but...........


A Work to Residence permit is completely different from a Work Permit. AFAIK someone on a Work To Residence permit does has to fufill a certain time frame before applying for Residency. Someone on a Work Permit can apply for residency at any time (obviously allowing enough time for the Residency to be granted before the Work Permit expires - thus avoiding being an overstayer)

This may have all changed but I thought that someone from the UK got an automatic 6 month visa, they could then apply for a 3 month extention taking them upto a 9 month visa. Has it changed so that you can get a 9 month visa which can be extended to 12 months?

As you say, the wrong end of the stick :D

A WTR is as you say different but there is nothing that stops you from applying for a PR whilst on it with no need to wait for a certain time (I know this for certain because this is what we did). If you do apply and get granted in under 3 months you may get a Section 18A condition.

It should also be noted that at least one person on this forum waited the 2 years as implied with a WTR and then found it difficult to get their PR in the time left before the visa expired.

You are correct about a visitor from the UK gets automatically granted a 6 month visa which can be extended, but you can apply for a 9 month visitor visa if you prefer. So it hasn't changed, 'automatic' visa is still 6 months.

Ian

[wilson182]

A WTR is as you say different but there is nothing that stops you from applying for a PR whilst on it with no need to wait for a certain time (I know this for certain because this is what we did). If you do apply and get granted in under 3 months you may get a Section 18A condition.

It should also be noted that at least one person on this forum waited the 2 years as implied with a WTR and then found it difficult to get their PR in the time left before the visa expired.


Ian

Very interesting, thanks for the clarification Ian :)

[leejenns]

As you say, the wrong end of the stick :D

A WTR is as you say different but there is nothing that stops you from applying for a PR whilst on it with no need to wait for a certain time (I know this for certain because this is what we did). If you do apply and get granted in under 3 months you may get a Section 18A condition.

It should also be noted that at least one person on this forum waited the 2 years as implied with a WTR and then found it difficult to get their PR in the time left before the visa expired.

You are correct about a visitor from the UK gets automatically granted a 6 month visa which can be extended, but you can apply for a 9 month visitor visa if you prefer. So it hasn't changed, 'automatic' visa is still 6 months.

Ian
Thanks for all your input, i was under the impression that as i was on a WTR that i had to wait 2 years to apply for PR, once 2 years were up PR would be issued as long as our police checks and medicals came back ok? So can i apply now for PR AND whats a section 18A?.

We have been here for 5 months, if we apply for PR now will we have to go through our medicals and police checks again? and will the police checks be completed by NZ or UK?sorry lots of questions but want to try and get PR sorted asap so we are in a position to assist our parents attaining PR.

:confused:

[wilson182]

Thanks for all your input, i was under the impression that as i was on a WTR that i had to wait 2 years to apply for PR, once 2 years were up PR would be issued as long as our police checks and medicals came back ok? So can i apply now for PR AND whats a section 18A?.

We have been here for 5 months, if we apply for PR now will we have to go through our medicals and police checks again? and will the police checks be completed by NZ or UK?sorry lots of questions but want to try and get PR sorted asap so we are in a position to assist our parents attaining PR.

:confused:

Ian will be the best person to advise you on the WTR I was under the same impression that you were.

You will have to apply for your medicals and police checks again as I think they are only valid for three months. Your police checks will be done in the UK again, I think NZIS automatically do a NZ police check for the time you have spent here. Section 18a is a condition attached to some PR permits that have been awarded due to a job offer. It states that you must stay with that particular employer for three months. Once you have fufilled that requirement the condition is then removed and, if you want too, you can change employer.

[leejenns]

if i have to complete my police checks in UK again, which seems a waste of time as they have already been checked for the time spent in UK, how do i orgnise this as when i completed the checks last time i had to visit a police station in person and show my passport and proof of my address, as i no longer have an address in the UK do not know how this will work, i thought i had to get the police checks completed by NZ police?

[IanW99]

Thanks for all your input, i was under the impression that as i was on a WTR that i had to wait 2 years to apply for PR, once 2 years were up PR would be issued as long as our police checks and medicals came back ok? So can i apply now for PR AND whats a section 18A?.

We have been here for 5 months, if we apply for PR now will we have to go through our medicals and police checks again? and will the police checks be completed by NZ or UK?sorry lots of questions but want to try and get PR sorted asap so we are in a position to assist our parents attaining PR.

:confused:

As said before, you definitely don't have to wait the 2 years on WTR, we and others on the forum have definitely submitted our PR early which was granted. If I remember correctly we actually applied after being in NZ for 5 months, but you don't need to wait this long. Also our PR took about 6 months to get, but I now assume that they were just busy or ours was more complicated, because others have been granted in 2 months. So if it helps, we had our PR at approx 11 months of arriving in NZ on WTR.

I believe that if you wait for the 2 years then getting the PR is much simpler i.e. you don't have to go through the EOI (never did find out for sure though), but in our case we needed PR sooner so had to apply. If you don't want or need a PR sooner then it may be better to wait?

As mentioned previously a section 18A is a condition to keep you in the original job for the first 3 months of working in NZ. I really don't believe that anyone on a WTR would be subject to this condition when granted their PR (but mention it just in case it could be an issue), it certainly won't in your case as you have already been working for 5 months.

if i have to complete my police checks in UK again, which seems a waste of time as they have already been checked for the time spent in UK, how do i orgnise this as when i completed the checks last time i had to visit a police station in person and show my passport and proof of my address, as i no longer have an address in the UK do not know how this will work, i thought i had to get the police checks completed by NZ police?

Medical certificates are valid for 3 months and police certificates are valid for 6 months, so if you arrive in NZ on a WTR and apply immediately for PR then you may not need to do either of these again.

Medicals can of course be done in NZ.

Police checks will have to be from the UK, and you can send off for them from NZ without any problems (as of course we did) - although it does seem a waste of time, I guess you could have done something wrong between getting the last certificate and leaving for NZ.

Ian

[IanW99]

Just been reading through some statistics (sad I know) but it states that 82% of people on WTR from the UK get there PR in under 2 years, so it looks like most apply early?

If anyone else is interested the link is here :- Research - From Work to Residence (http://www.dol.govt.nz/publications/research/work-to-residence/talented.asp)

Ian