2012-Oct 19: Australian citizens and residents applying for PRV

Visa Pak 87: Clarification to staff about how Australian citizens and residents are eligible for a Variation of Travel Conditions or Permanent Resident Visa

Visa Paks

19 October 2012

Australian citizens and residents applying for PRV

We have recently received a number of queries regarding Australian residents and citizens who are either applying for a New Zealand permanent resident visa (PRV) or want to know how to qualify for one.

RV2.5 sets out the requirements that a principal applicant (PA) must meet to be granted a PRV.

RV2.5 a. states that to be granted a PRV, PAs must 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;

Continuously, means uninterrupted or unbroken. To hold a resident visa continuously, a person must remain in New Zealand after the first grant of a resident visa and not leave or, apply for a variation of travel conditions (VOTC) before leaving New Zealand to ensure that their resident visa does not expire each time they leave New Zealand (see RV1.5(b) which reflects section 63 (2) (a) of the Act).

On arrival in New Zealand an Australian citizen/resident may apply for and be granted a resident visa. Unlike migrants to New Zealand they are not, however, granted travel conditions, and they must therefore apply for a VOTC if they wish to hold their resident visa continuously as required by RV2.5 a. above.

RV3.20.1 sets out special provisions for Australian citizens and residents enabling the grant of a VOTC for 24 months from the date their current resident visa was granted. Note – unless they have previously been granted travel conditions this will be the date of their most recent arrival. For example if they first arrived on 22 February 2012, departed 25 March 2012, returned 26 August 2012 and are applying today for a VOTC under RV3.20.1 the VOTC should be made current to 26 August 2014.

Families:

Please also note that while the normal rules about who may be included in a VOTC or PRV application and fees payable apply to families of Australian citizens or residents who meet the rules, each individual is a PA in their own right and must therefore be individually assessed against instructions. Taking the example above if a family comprising of a father, a mother and their two dependent children all arrived on 22 February 2012, but only the father departed 25 March 2012 and returned 26 August 2012 i.e. the mother and children remained here continuously then the mother and children’s VOTC should be made current to 22 February 2014 and the father’s to 26 August 2014. It is over to them whether the mother and children apply for a PRV as soon as they are eligible or wait until the father is eligible and apply altogether.

Australian applicants who meet the special provisions under RV3.20 may apply for a VOTC or PRV.

Please advise your staff to follow this advice.