2013-Jun 28: RV2.5.20 – The meaning of “occupy”

Visa Pak 118 - Clarification about the meaning of "occupy" when assessing applications submitted for Permanent Resident visa

Visa Paks

28 June 2013

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

RV2.5 allows for an applicant to be granted Permanent Residence if they have established a base in New Zealand. A principal applicant is considered to have established a based in New Zealand if:

  • Every member of their family has resided in New Zealand for at least 184 days in the two year period immediately preceding the date the application is made; and
  • The Principal Applicant has been in New Zealand as a resident for at least 41 days in the 12 months preceding the date the application is made; and either
  • They own and maintain a family home in New Zealand; or
  • They have been engaged in full time continuous employment in New Zealand (RV2.5.20 (a)).

For the purposes of these instructions applicants are considered to own and maintain a family home in New Zealand if:

  • They have purchased a residential property in New Zealand within 12 months of their first day in New Zealand as a resident and which they still own; and
  • They and/or members of their immediate family who were included in the application for a resident visa occupy that property (RV2.5.20(b)).

Operations Support has recently established what constitutes “occupying” a property in relation to a case where the applicant was currently offshore and had been so for 10 months for family reasons.

Occupy does not necessarily mean that the applicant must be physically present in the property 100% of the time. For example an applicant may go away on holiday but still be the “occupier” of the property. When determining whether an applicant meets the requirement to be “occupying” their property it is relevant to consider available evidence such as:

  • Home and contents insurance;
  • Utility bills (are they still paying the bills for the property?);
  • Household effects (is it still furnished with their belongings?);
  • Evidence the property is not rented out;
  • Do they have a good reason for not being physically present in the property?
  • Could they easily resume living in the property?

If the property is rented out at the time the application is lodged/assessed then the applicants would no longer be considered to be the occupier of the property and therefore would not meet RV2.5.20.a.ii.a. This does not mean that the property cannot be rented out at other times.

If the Immigration Officer is satisfied that it is reasonable that the applicant is not physically at the property when the application is lodged/assessed, and the evidence establishes they are still the occupier of the property, then INZ may consider that the applicant occupies the home and therefore meets RV2.5.20.a.ii.a.