[RTNZ]

Hi all,
My partner and I left NZ to live in Australia 8 months ago, but are going to return to raise our new family. My partner obtained NZ citizenship 5 years ago, and wants to sponsor her mom for NZ residence. I don't anticipate any health or income problems, but this is the stickly part:

The sponsorship form states that you must have been a citizen/PR for at least 3 years AND have been in NZ for at least 184 days in each 12 month period immediately prior to sponsoring a parent for residence. So, if you leave the country for more than 6 months and return to NZ you have to start over and wait 3 years before being able to sponsor a parent again? Can this be correct? Anybody with experience in this?

It doesn't seem right somehow for a NZ citizen to have to wait an additional 3years after popping over to Australia for a bit.

[Kitten Witten]

Hello,

I had a quick look because I was curious (!) and I'm afraid the guidance is very clear:

•have been a New Zealand or Australian citizen and/or the holder of a Residence Permit or a returning resident’s visa for at least three years immediately before the date their registration is received by the New Zealand Immigration Service
•in each of the three 12 month portions within that three-year period, have spent a total of 184 days or more in New Zealand

http://www.immigration.govt.nz/migrant/stream/live/parent/canisponsormyparent/sponsorshiprequirements.htm

But I would suggest that you contact INZ on their online help:

http://immigration.custhelp.com/cgi-bin/immigration.cfg/php/enduser/ask.php

or through NZ/Oz branch contacts:

http://www.immigration.govt.nz/migrant/general/aboutnzis/contactus/

Just to see if there's any chance they would consider a waiver to this rule as you have lived in NZ prior to your short move to Oz.


Good luck!

[Moorf]

Having sponsored my parents over (they arrive in a matter of weeks! :raebanana ) I can say that they are very strict over all conditions laid out - especially the length of time you've resided in NZ and medical tests.

Is it easier to get them to Oz and then across?

I agree, for permanent residents I think the 184 days/12 mths is fine but for someone who has become a citizen I think it's a bit off. imho.

[RTNZ]

Actually, it is extremely difficult and expensive to get them PR in Australia. First we would have to obtain PR, then either:

a) wait about ten years or
b) pay about $36,000 to speed the process.

Looking at the exact wording, I think we may be able to get around it by moving back to NZ, waiting 6 months to apply for mom's PR, thereby satisfying the 6 months in the last 12 requirement, which also means we would have spent more than 6 months in NZ during the 12 months prior to the last 12, if you follow my meaning.

[Kanga]

Looking at the exact wording, I think we may be able to get around it by moving back to NZ, waiting 6 months to apply for mom's PR, thereby satisfying the 6 months in the last 12 requirement, which also means we would have spent more than 6 months in NZ during the 12 months prior to the last 12, if you follow my meaning.

Nope! Doesn't 12 months PRIOR to the last 12 months mean not the 12 months just gone but the 12 months before that?

[Arwen]

Having sponsored my parents over (they arrive in a matter of weeks! :raebanana )

Ahh that's lovely Moorf. I'm sure it will be wonderful having your parents live here in New Zealand with you.

Well done for jumping through all the necessary 'hoops' to get them here. :nice1

[RTNZ]

Nope! Doesn't 12 months PRIOR to the last 12 months mean not the 12 months just gone but the 12 months before that?

Here is the wording:

•in each of the three 12 month portions within that three-year period, have spent a total of 184 days or more in New Zealand

I interpret that not as calendar years, but as at least 6 of the last 12 months PRIOR to submitting the PR application, and at least 6 months in each 12 month period before that period. Thus, as long as one has been out of NZ for less than 12 months, with careful timing it could be broken up into 2 separate blocks of 6 month periods over the last 2 years.

I'll find out tomorrow when I ring immigration.

[Kitten Witten]

:nice1 Good thinking batman. What you said makes complete sense to me as it does say preceding application date; I hope that they confirm this for you :)

[Moorf]

Not sure I'm following your maths here but if the following is true you should be ok...

In the last THREE years the person sponsoring them must have lived in NZ for at least 184 days in EACH of those three year periods - I'm pretty sure it's not accumulative or can be diced up to suit.

[IanW99]

Not sure I'm following your maths here but if the following is true you should be ok...

In the last THREE years the person sponsoring them must have lived in NZ for at least 184 days in EACH of those three year periods - I'm pretty sure it's not accumulative or can be diced up to suit.

The OP isn't dicing up the years...

The rules basically say you must be in NZ for at least 6 months from the last 3 years.

If you left NZ just over half way through year 1 and arrive back before half way in year 2 then you have still met the requirements - even though you may have been out of the country for almost 12 months (hope that makes sense).

Ian

[RTNZ]

The OP isn't dicing up the years...

The rules basically say you must be in NZ for at least 6 months from the last 3 years.

If you left NZ just over half way through year 1 and arrive back before half way in year 2 then you have still met the requirements - even though you may have been out of the country for almost 12 months (hope that makes sense).

Ian

Exactly. In our case, since we've been out of NZ for 7 months, we would move back to NZ and wait 6 months to make the PR application. Going back 12 months from that point, we have just completed 6 months in NZ, so the first year is taken care of. Counting backward from there, we were only out of NZ for 1 month of the preceding 12 months, and of course, were in NZ the entire 12 months preceding that. Clear as mud, eh? :D

[Moorf]

Did you get any answers from NZIS today? Interested to hear the outcome :nice1

[RTNZ]

I talked to NZIS, and the agent I talked to was not extremely helpful. I think she was a bit confused by the whole notion of parceling 6 month blocks across 2 years, but the gist of it was that it can be donw how I suggested.

Anyway, my partner will head back to NZ first and start the 6 month wait to apply for her mom's PR and we'll see what happens.