Need more info on New policy

[rameshyanthra]

Hi All,

Please provide real difference between "Resident Visa" and " Permanent Residence Visa"?
Also let us know type of "Resident Visa's" durations and its"travel conditions".

As per new policy: need to spend/stay 2 years in NZ then only able to apply for PR. (Before it was 3 months)
In this case, The Primary applicant should wait for 2 years to confirm the PR then only able to bring his/her family to NZ?!

[MotherBear]

Under the old Immigration Act, if you were granted permanent residency you would also get a Returning Residents Visa in your passport to allow you to leave NZ and return again. Now it seems that you will initially be granted a 'Residents Visa' and, after 2 years of having met with the requirements of staying in NZ for at least 6 months of those first 2 years, you will then get a Permanent Residents Visa (instead of an IndefiniteReturning Residents Visa). The conditions are more or less the same as before, it's just that they have tried to simplify the visa names. Previously, you would still have needed to apply for an Indefinite RRV so it's no different to now really. It doesn't mean you have to apply for permanent residency from the beginning again. You would already have 'residency' and would only need to put the 'permanent' bit in place .

What are the changes?
New residence framework

The Immigration Act 2009 replaces the system of residence permits, residence visas and returning residents’ visas (RRVs) with residence class visas.

Residence class visas consist of:

* Resident visas – which may be subject to ‘conditions’. (6 months stay in each of the first 2 years)
* Permanent resident visas – which have no ‘conditions’.

From here.

However, there are new rulings regarding this for certain people who can go straight for permanent residency.

Most people who are eligible are initially granted a resident visa then progress to a permanent resident visa by making another application after they meet the commitment to New Zealand criteria. However, new policy settings enable a small number of residence applicants to progress directly to a permanent resident visa. These are:

* foreign national partners of New Zealand citizens (and the partner’s dependent children) where:
o the New Zealand citizen has been living overseas for at least five years, or has been in New Zealand for three months or less after living overseas for at least five years, and
o the partnership has been ongoing for at least five years.
* people who were granted a temporary work visa under the Talent (Accredited Employers) Work category who have a job with a salary of at least NZ$90,000 gross per annum at the time they apply for residence under the corresponding Residence from Work category, and
* refugees and protected people.

These new ruling only apply to applicants who submitted on or after 29th November 2010.

I'm not aware of any restriction on bringing your family into the country when you only have the residence visa.

[rameshyanthra]

Dear Mother Bear,

Firstly, I would say big Thank you for your sincere contribution towards this forum.
I was expecting prompt reply ONLY from you, which happened as it is.

Thanks again for this detailed reply for my query.
Still I have some concern about my visa process. I have started my SMC - EOI on March 2008 and submitted my ITA on Oct 2008 and Still my application is under process.(Visa Status : Pending). Now, this new policy should apply for me or not?
Please provide details for the same.

[MotherBear]

If you read through this you will see......

Existing residence categories are not changing

Although there are new types of residence visas, the criteria to gain New Zealand residence does not change. All existing residence categories (such as the Skilled Migrant Category, the Family Categories and the Residence From Work Categories) remain the same. Current residents and residence applicants may not notice any change at all other than terminology changes.

For you, as an existing applicant, it sounds like only the name of the visa will change, nothing else. That means, if successful, you will be granted a Residence Visa (previously known as Permanent Residency). When you have completed the usual requirements of 6 months' stay in each of the first 2 years, you will qualify for a Permanent Residence visa (previously known as Indefinite RRV). It's only a name change. I think what INZ want to stress is that applicants will only get PERMANENT residence once they have complied with the 2-year requirement. Some people don't complete this and, therefore, would lose their chance of PR.

[rameshyanthra]

Dear MotherBear,

Thank you very much for your detailed reply.
Now, I have got clear idea about new policy as well as my visa stages too.

Have a nice day!

[Hopeful]

Hi

Can anyone tell me when the 2 year rule runs from. Does it start from the date you recieve your residency visa, or the date you entered New Zealand

Thanks

[till]

The former.
See for example Requirements for a permanent resident visa:

• hold, or have held, that resident visa for at least two years continuously

[MotherBear]

The former.
See for example Requirements for a permanent resident visa:

• hold, or have held, that resident visa for at least two years continuously

I take it this means after activating residency? If all goes well, we intend to delay paying the Migrant Levy until the last minute (which gives us an extra 6 months) and then leaving it a year before activating thereby allowing hubby to continue working for a couple more years.

[till]

@MotherBear:

I take it this means after activating residency?

I believe so. Here is the applicable section from the OpsManual;

RV2.5 How do resident visa holders or former holders qualify for a permanent resident visa?

Upon application principal applicants will be granted a permanent resident visa if:

a. they either:
i. hold a resident visa, and have held that resident visa continuously for at least 24 months at the time of application; or
ii. have held a resident visa in the three months before the application is made, and had held that resident visa continuously for at least 24 months before it expired; and
b. their first day in New Zealand as a resident (R5.66.1(b)) was at least 24 months before the application is made; and ...

...where this first day would activate one's residency.