If you do not qualify for a permanent resident visa, a variation of travel conditions can allow you to extend the time you can return to New Zealand as a resident.

Requirements for a 12-month variation of travel conditions

You qualify for 12 months of travel conditions if you entered New Zealand as a resident at least one year before the date your current application for a variation of travel conditions is made, and either of the following situations applies to you.

1. You have spent enough time in New Zealand

To meet this requirement, you must have been in New Zealand as a resident for a total of 184 days or more in at least one of the two 12-month portions of the 24 months immediately before lodging your variation of travel conditions application.

2. You have tax residence status

To meet this requirement, you must:

• have been in New Zealand as a resident for a total of 41 days or more in at least one of the two 12-month portions of the 24 months immediately before lodging your application for a variation of travel conditions, and
• you have been assessed by Inland Revenue as holding tax residence status for 12 months in the two years immediately before lodging your variation of travel conditions application.

With your application you must provide evidence of your status, such as:

• a statement from Inland Revenue for the period for which you have been assessed as having tax residence status, or
• the INZ form Confirmation of Tax Resident Status (INZ 1006) completed and endorsed by Inland Revenue.

Note: If, under the provisions of a double tax agreement, you also have tax residence status in another country, you will not be considered to have tax residence status in New Zealand for the purpose of meeting the requirements for a permanent resident visa.

A list of countries New Zealand has a double tax agreement with can be found on the Inland Revenue website.

Requirements for a 14-day variation of travel conditions

You will qualify for a 14-day variation of travel conditions if are a resident visa holder in New Zealand and you do not meet the requirements for either permanent resident visa, or a variation of travel conditions for a longer time, or you are a person who would otherwise be prohibited from entry (for instance, because you would be subject to travel sanctions). If you think this might apply to you, you should contact your nearest INZ office to discuss your situation.

Special categories

Partners of New Zealand citizens

If you are the partner of a New Zealand citizen and do not meet the requirements for a permanent resident visa, you may be granted a two-year variation of travel conditions. You must show that either:

• you were granted a resident visa under Partnership Category on the basis of your relationship with your New Zealand citizen partner and the relationship is ongoing, or
• you were granted a resident visa under a different residence category, and you can provide evidence that you have been living with your New Zealand citizen partner in a genuine and stable relationship for at least 12 months.

New Zealand residents seconded overseas

If you are seconded overseas as part of your New Zealand employment and do not meet the requirements for a permanent resident visa, you may be granted a further two years of travel conditions, up to a maximum of eight years. Your application must be supported by your New Zealand employer confirming that you are required overseas.

How do I go about applying for a variation of travel conditions?