2014-Feb 07: Permanent Resident Visa - Base Established in New Zealand

Visa Pak 147: Clarification for Immigration Officers on how to apply Base Established Criteria for a PRV to ensure consistency

Visa Paks

7 February  2014

Permanent Resident Visa - Base Established in New Zealand

Recent internal correspondence has indicated that some staff maybe applying instructions RV2.5.20 a (ii) (b) Base established in New Zealand by way of continuous employment in New Zealand incorrectly.

Assuming any immediate family who were included in the original residence application meet RV2.5.20 a (i) the principal applicant (PA) must meet instructions at RV2.5.20 a (ii), (a) or (b), to be eligible for a permanent resident visa (PRV).

Instructions at RV2.5.20 a (ii) (b) state that the PA must have been engaged in full time continuous genuine employment in New Zealand immediately preceding the date the application for the PRV was made.

The definition of ‘continuous genuine employment’ and ‘immediately preceding the date of the PRV application’ is set out in instructions RV2.5.20 (d), as below.

For the purpose of this policy applicants are considered to have been engaged in full time continuous employment in New Zealand if they can produce evidence of genuine full time paid employment in New Zealand for a period or periods amounting to at least 9 months in the 24 months immediately preceding the date the application for the permanent resident visa was made. Employment involving payment by commission and/or retainer is not acceptable. Self-employment is acceptable if they can produce evidence of genuine lawful active involvement in the management and operating of a business in New Zealand which the principal applicant has established, purchased, or has a shareholding in.

Therefore, immediately preceding the date of application, for the purpose of these instructions, is considered to be any period or periods of at least 9 months total in the 24 months immediately preceding the PRV application date.

Scenario

A PA who meets the time spent in New Zealand requirement in RV2.5.20 a. ii. and whose immediate family meets instructions RV.5.20 (a)(i) has provided evidence of full time employment in New Zealand for 13 months, Nov 2012 – Dec 2013; however, the client ceased employment 12 months prior to applying for a PRV in Dec 2014.

In this scenario the client is entitled to a PRV as they were engaged in full time continuous employment in New Zealand for a period or periods amounting to at least 9 months in the 24 months immediately preceding the date the PRV application was made.

Please ensure all staff apply instructions RV2.5.20 (ii) (b) Base established in New Zealand correctly