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Thread: RRV when PR applicant meets minimum stay but partner does not?

  1. #1
    CRRedwood is offline Junior Member
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    Default RRV when PR applicant meets minimum stay but partner does not?

    Hi there,

    I'm new to the forum and am so grateful for all the helpful information from previous posters. My husband has accepted a faculty position at a NZ university and has lodged a permanent residence application on which I am included as a partner.

    I have a question regarding returning resident's visas that I haven't been able to answer via the INZ website. I understand that, once we're granted permanent residence (with an automatic 2-year RRV), we must enter NZ within 12 months and remain there for a minimum of 6 months per year for the first two years in order to be eligible for an indefinite RRV. My husband, the primary applicant, will meet this condition. I, however, will be working as a postdoc in the US for the first two years of his job and because of this, I will not be able to meet the minimum stay requirement. (This postdoc will make me competitive for a faculty job of my own in NZ, where we hope to settle permanently.)

    So my question is this: is it possible that my lack of time in NZ these first two years will jeopardize my inclusion in a future RRV application, even though he's the primary applicant? The INZ website FAQ says: "Members of your family who were included in the original residence application also qualify for the same length Returning Residentís Visa." This seems promising, but the situation where some family members don't meet the stay requirement isn't explicitly addressed. I know it's well in the future, but I want to make sure we don't do anything now that might complicate things for us later.

    Anyone dealt with a situation like this? I'm grateful for any insights...

    Many thanks,
    CR

  2. #2
    Taffy's Avatar
    Taffy is offline He who shall be ignored
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    Hi,

    Welcome to the forum :)

    The statement on the INZ website refers to the initial RRV, not any subsequent one. When time comes to renew your RRV, if you haven't met the conditions of an indefinite RRV (6 months each year in past two years etc) then INZ may grant you another 2 year visa instead, to enable you to meet the conditions. I'm not entirely sure, but I believe if you don't meet the conditions on your second go, your residency is revoked as you've shown no commitment to the country.
    Taffy

    The greatest mistake you can make in life is to be continually fearing you will make one.

  3. #3
    CRRedwood is offline Junior Member
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    Thanks for the welcome and the information. You have a great forum.

    I should have clarified in my original post that I found the pasted information in a section about the conditions for renewal of an RRV... so it's my impression (hope) that the statement will apply to our situation. But if anyone else has had a similar experience (you apply for residence as a couple, but one must stay behind for a while before moving to be with the other) I would be grateful to hear how it's gone.

  4. #4
    MotherBear's Avatar
    MotherBear is offline The missing link
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    This is something I am also interested in because, as the principal applicant (Family sponsorship), I would be required to do the '6 months in the first 2 years' thing but my hubby may still want to work overseas for a period of time. Previously I'm sure I was reading something which hinted that, providing the principal applicant stayed in NZ, it was OK for the partner to come and go. The important bit appeared to be what the principal was doing and the partner would get (by way of a visa) whatever the principal gets by default. INZ has recently revamped its website and many of my favourite saved links have gone .

    I'm working my way through this at the moment but it doesn't seem to quite answer our query. This is the INZ Operational Manual which isn't easy to provide links to because the same link covers several different pages. I suggest you take a look through the links on the left hand side that open up into various titles. I'll continue hunting around other places. So far, I'm finding that it's skirting around the precise subject we are trying to deal with.

    I have also found something that says, if applicants (meaning principals) haven't complied with the requirements for an IRRV, anything from a further 2-week RRV up to a 2-year one can be granted, depending on circumstances.
    Mother Bear

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  5. #5
    till is offline Senior Member
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    04/11/09 - EOI selected (125 points, no job offer)
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    09/12/09 - ITA received
    23/12/09 - Application submitted
    03/03/10 - Case officer assigned (requested more documents)
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    13/04/10 - INZ Interview (re relationship)
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  6. #6
    MotherBear's Avatar
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    Thanks for providing the links, Till. I had been trying to decipher this information. The non-principal applicant should, as you say, get an RRV for the same length of time as the principal, but I wonder if that non-principal, despite not having complied with the requirements, would get an IRRV when the principal gets one.

    For us, I had worked it out that, allowing for a year or two for processing of the application (applied March 2010) and after granting of PR (hopefully ), I would have 4 months to pay the Migrant Levy, 12 months to arrive in NZ to activate PR then another 2 years before my RRV expired. This should be long enough to see both my husband and myself being ready to settle in NZ. However, reading through the links, it looks like I might have to stay in NZ for 6 months of each of those first 2 years to qualify to extend the RRV for another 2 years for my husband, it he needs this or if it is even possible. We have a house in NZ, but it was bought a couple of years ago and not within 12 months of the date I would initially be granted a residence permit.

    It talks about the principal and non-principals in terms of being divorced, deceased or separated but doesn't mention temporary separation due to commitments overseas. I think there are still a few grey areas or maybe I should read it all again when my head is a bit clearer.
    Mother Bear

    Try to bloom wherever you are planted.

  7. #7
    Stefan is offline Junior Member
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    Dear CR/MotherBear,

    Hi there Sorry for digging up this old thread but were either of you able to get a definitive answer to this question? I share both your frustrations at not being able to find an explicit answer on the INZ website.

    My wife and I will have to face the same concerns in a couple of years and we would be dearly grateful to hear how it has worked out for you.

    Kind Regards,
    Stefan

  8. #8
    Cliff's Avatar
    Cliff is offline Oh Masterful One
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    CRRedwood

    Not sure if I can answer your question but can give you some insight. INZ will look at are you making an effort to make NZ your home. On your RRV expiration date they will evaluate this, one of the primary things they look at is have you been in the country most of that time. In years past people would get PR come to NZ for a short time and then go back to their home country. They would be gone for most of that time then come back to NZ to get their NZ citizenship (having spent very little time here) then jump across the ditch to Ozzie. It was a game they were playing. This is INZ's way of plugging that hole. So now you get some idea as to why the process.

    To get your question answered you need to ask your INZ case officer as they can tell you definitively. You have what appears to be a legitimate reason for being gone. You can be gone a lot when working for an NZ company but that is not your case. Your case is not cut and dried but a judgement call or evaluation. Get INZ to document the issue as they will stand behind any decision they tell you.

    In summary: Talk to your INZ CO to get the low down. Then you can react to that. If you tell INZ up front you have a batter case as this is your plan from the start. It is too much of a judgement call for anyone to make the call or give advice. INZ is there to help you not make it more difficult.

    Hope that helps a bit.
    Cheers

    Cliff

    Nelson, New Zealand
    NZ Citizenship in 2000, been in NZ 15 years now
    Arrived NZ in 1997 from Las Vegas, Nevada, USA

    "New Zealand isn't just a physical place it is a state of mind."

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