variation of travel conditions resident visa nz

INZ 1175 Explained

Permanent resident visa in nz form -  for a permanent resident visa, second or subsequent resident visa, or a variation of travel conditions, document information, related guides.

• Variation of Conditions

What is INZ 1175 form used for?

This application form is mainly used by those applying for Permanent Resident Visa in NZ.

That means those who have already been granted a New Zealand resident visa. Depending on circumstances, you may be able to apply for a permanent resident visa, second or subsequent resident visa or a variation of travel conditions.

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We provide comprehensive immigration services for applying for your permanent resident visa. Fill out the form below to find out the details!

Who can fill out INZ 1175 form?

This form needs to be filled out by the principal applicant to the original residence visa application. If there were accompanying members of the family who were included in the original residence visa application, such as the partner or children, then they will need to sign the form as well.

Preview of INZ 1175 form

How to fill out inz 1175 form.

This application needs to be submitted to Immigration New Zealand in hard copy, so the form should be printed and filled out.

If you hold a resident visa, or have held one in the last three months, and are applying for a permanent resident visa, please note that you must have held a resident visa for at least 24 months to be eligible for a permanent resident visa. For this application, complete sections A, B, C, E, and sections H to L.

If you hold a resident visa and are seeking a variation of travel conditions, complete sections A, B, C, F, and sections H to L.

If you held a resident visa which expired due to being outside New Zealand without valid travel conditions, and you are applying for a second or subsequent resident visa, complete sections A, B, C, G, and sections H to L.

If you hold a resident visa and are applying for a permanent resident visa due to direct impact from the attack on the Masjid al-Noor or Linwood Masjid in Christchurch on 15 March 2019, complete sections A, B, C, D, and sections H to K.

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The 2021 Resident Visa Policy Explained

by Lauren Qiu | Oct 29, 2021 | Articles , Individuals & Families , News , News & Articles

Estimated Reading Time: 11 mins

The Policy Release

On 29 October 2021, Immigration New Zealand released the full policy for the 2021 Resident Visa.

The 2021 Resident Visa will not be a Permanent Resident Visa .

This article will outline and explain what the policy has confirmed.

Eligibility

To be eligible, applicants must have been in New Zealand on 29 September 2021 and must hold or have applied for (and subsequently be granted) one of the eligible work visas listed below. They must also meet one of the following criteria both on 29 September 2021 and on the date of application:

The key point to note here is that applicants must only meet 1 of the criteria listed in the bullet points above. This is because it states “or” not “and”.

Applicants need to be on an eligible visa at the time of application. For example, if an applicant was initially on an Essential Skills Work Visa (an eligible work visa), but later lost their job and changed to a Student Visa (non-eligible temporary visa) and they remained on the Student Visa, they may no longer be eligible for the 2021 Resident Visa.

If an applicant met the criteria for eligibility but was in Australia on 29 September 2021 and departed New Zealand for Australia between 6 April 2021 and 23 July 2021 (inclusive), they may still be eligible, but they must be in New Zealand to apply.

An application made by a principal applicant who is not in New Zealand at the time of application will be declined, unless the principal applicant meets the Dependent Children aged 25 years or older requirement (explained below).

The Settled Criteria

To meet the Settled criteria, applicants need to be in New Zealand for 3 years. This means applicants who have lived in New Zealand for the past 3 or more years and:

The time spent in New Zealand does not need to be a consecutive 3 years. There is no minimum number of days a person needs to spend within each calendar year. Applicants can request their travel movements from Immigration New Zealand to check their total days.

If you are eligible under this criteria, you will not need to provide evidence of your travel records, unless asked to do so by an Immigration Officer.

The Skilled Criteria

To meet the Skilled criteria, on 29 September 2021, applicants will need to either:

Immigration Officers will use the information provided in the applicant’s previous work visa and the information provided on the 2021 Resident Visa application form to make an assessment.

Applicants must also be paid at or above the median wage at the time of application. Applicants who met the Skilled criteria on 29 September 2021 may also choose to change to meet the Scarce criteria at the time of application instead. Applicants must also be in genuine full-time employment (defined as an average of 30 hours per week).

The pay rate will not include any commissions/allowances/bonuses, Immigration New Zealand will look at the base rate. Applicants on a salary should take care, as Immigration New Zealand will divide your annual income by the maximum hours you work (if you work a range of hours). A full breakdown of how salary calculations work can be found here . For applicants working in the Aged, Residential Care, or Disability Care industry, some sleeping hours may be excluded.

Self-employed contractors with a consistent history of contract work and a current contract can be eligible for the 2021 Resident Visa.

At the time of application, applicants will need to provide the following to show that they were paid at or above the median wage both on 29 September and on the date of application:

Immigration New Zealand will allow for some flexibility if your pay or hours are temporarily reduced due to the business being affected by Covid-19 related restrictions (such as a Covid-19 Alert Level changes). This temporary reduction also needs to be agreed upon in writing between the applicant and the employer. The applicant also has or will be returning to their normal pay once the Covid-19 disruption has ended. The Immigration Officer has discretion to allow for more than one disruption, if multiple have occurred since August 2021.

The Scarce Criteria

To meet the Scarce criteria, on 29 September 2021, applicants will need to either:

Applicants must also be in a Scarce List role at the time of application. Applicants who met the Scarce criteria on 29 September 2021 may also choose to change to meet the Skilled criteria at the time of application instead. Applicants must also be in genuine full-time employment (defined as an average of 30 hours per week).

At the time of application, applicants will need to provide the following:

Immigration New Zealand will allow for some flexibility if your pay or hours are temporarily reduced due to the business being affected by Covid-19 related restrictions (such as a Covid-19 Alert Level changes). This temporary reduction also needs to be agreed in writing between the applicant and the employer. The applicant also has or will be returning to their normal pay once the Covid-19 disruption has ended. The Immigration Officer has discretion to allow for more than one disruption, if multiple have occurred since August 2021.

Eligible Visas

Not every visa will be eligible. The 2021 Resident Visa is only for some temporary visa holders who are currently in New Zealand and held an eligible visa on 29 September 2021 and on the date of application. You can be on a different eligible visa on the date of application, than the one that you held on 29 September 2021. Eligible visas are:

Some Critical Health Workers for long term roles (for 6 months or more) and some Other Critical Workers for long term roles (for 6 months or more) may still be eligible to apply, if they arrive in New Zealand between 30 September 2021 and 31 July 2022, and apply before 31 July 2022. They do not need to meet the Settled, Skilled, nor Scarce criteria if they:

Applicants who arrived in New Zealand on a Critical Purpose Visa but had already moved onto an eligible work visa on or before 29 September 2021, will need to meet one of the Settled, Skilled, or Scarce criteria.

Applicants who are or were granted a Critical Purpose Visitor Visa to complete a Competence Assessment Programme (CAP) and obtain occupational registration as a nurse in New Zealand, must also show that they passed their Competence Assessment Programme and secured occupational registration to be eligible, unless they transitioned onto an eligible work visa before or on 29 September 2021.

Non-Eligible Visas

The 2021 Resident Visa will not be available for migrant workers who hold visas that are intended for a shorter stay. These include:

People who are unlawfully in New Zealand are not eligible.

Visa holders who do not meet the criteria will need to look at other residence pathways.

Including Your Partner

Eligible applicants can include their partner in their application (if the partner is eligible), even if their partner is currently outside of New Zealand.

Partners will need to meet the “living together in a genuine and stable relationship for 12 months” requirement. This means that a partner in a newly established relationship where the couple has not previously met or lived together will not be eligible as a partner under the 2021 Resident Visa. Offshore partners granted a resident visa, will be eligible to travel into New Zealand.

In cases where couples have been doing long distance due to Covid-19, Immigration New Zealand have indicated that they will take a pragmatic approach and consider the relationship history and how the relationship has been maintained during that time.

Including Your Dependent Children

An eligible applicant can include their dependent children in their application (if their dependent children are eligible), even if their dependent children are currently outside of New Zealand.

Dependent children who met the residence definition of dependent children and were included in one of the following applications, on or before 29 September 2021, but who are now aged 25 years or older, may be eligible for a 2021 Resident Visa in their own right if their parent’s 2021 Resident Visa is approved and if the dependent children still meet the residence definition of dependent children (other than age), good health requirements, and good character requirements:

These dependent children must apply for a 2021 Resident Visa in their own right. They cannot be included in their parent’s application. However, they may submit their application as an attached document to their parent’s online 2021 Resident Visa application. A separate paper application form will be available for eligible Dependent Children aged 25 years or older to complete. No application fee or levy will be required for these applications.

Eligible dependent children aged 25 years or older who are overseas, can apply from offshore (outside of New Zealand) and will be able to enter New Zealand once their 2021 Resident Visa has been granted.

Good Character

All applicants must still meet the good character requirements.

Immigration New Zealand will undertake New Zealand Police checks for all 2021 Resident Visa applicants aged 17 years or older, regardless of how long they have been in New Zealand. Overseas police certificates will not be required unless specifically requested by an Immigration Officer due to concerns.

Immigration New Zealand will also undertake National Security Checks (NSC) for all applicants who would normally require one as part of standard immigration processes and requirements.

Good Health

All applicants must still meet the good health requirements.

Health checks will still capture medical conditions which are not eligible for medical waivers . If the health condition involved is eligible for a medical waiver, a referral to an Immigration New Zealand medical assessor (or the Ministry of Education) is not required and if the applicant otherwise meets all other 2021 Resident Visa requirements, a medical waiver will be granted.

If an applicant has provided a medical certificate within the last 36 months and was assessed as having an acceptable standard of health, they will not need to provide a further medical certificate.

If an applicant’s health has changed, or if they were previously assessed as not having an acceptable standard of health, they must provide a new Limited Medical Certificates. Immigration Officers can still request additional information.

The Application Timeline

The 2021 Resident Visa applications will open in 2 phases. On 1 December 2021 and then on 1 March 2022.

From 1 December 2021, applicants who have submitted a Skilled Migrant Category or Residence from Work application before 29 September 2021 can apply, as well as those who currently have a Skilled Migrant Category Expression of Interest submitted and have included dependent children 17 years or older on 29 September 2021 in their Skilled Migrant Category Expression of Interest. December 2021 applicants will need to enter their Skilled Migrant Category, Residence From Work, or Skilled Migrant Category Expression of Interest application number when they apply.

If you do not qualify to apply during the December 2021 phase, but still choose to do so, your application will not only be declined, it could also affect your eligibility should you apply again in the March 2022 phase. Therefore, it is important to make sure you are patient and apply during the correct phase.

From 1 March 2022, all other eligible applicants, including any others in the Skilled Migrant Category Expression of Interest pool, can apply.

Application Fee & Fee Refund

The application fee for the 2021 Resident Visa will be $2,160 (including GST). This is made up of an $1,300 application fee and an $830 immigration levy. Like other residence application fees, this fee covers the principal applicant and their family included in the same application (if they are eligible to be included).

If an applicant has already submitted a Skilled Migrant Category Expression of Interest or Residence From Work application, they will only have to pay the difference between what they have already paid and the cost of the 2021 Resident Visa (if they choose to withdraw their previous Skilled Migrant Category Expression of Interest or Residence From Work application). If an applicant has already submitted a Skilled Migrant Category application, they will be refunded the difference (if they choose to withdraw their previous Skilled Migrant Category application).

If an applicant has already submitted a Skilled Migrant Category or Residence From Work application and chooses not to withdraw their Skilled Migrant Category or Residence From Work application, they will only need to pay the 2021 Resident Visa immigration fee ($1,330) and not the immigration levy ($830).

Applicants will not need to pay the fee upfront. The application fee will be requested once an Approval In Principle (AIP) decision has been made on the 2021 Resident Application. Once the fee has been paid, the final decision will be made. A fee will be payable whether the application is approved or declined.

Submission & Processing Times

Applicants will be able to submit the 2021 Resident Visa online. All 2021 Resident Visa applications must be submitted by 31 July 2022.

Immigration New Zealand has explained that the majority of the 2021 Resident Visa applications will be granted within a year of the category opening.

The 2021 Resident Visa Conditions

Once granted, the 2021 Resident Visa will have the same conditions as other resident visa holders, including the travel conditions . Applicants will need to apply for Permanent Residence (PR) to be able to travel in and out of New Zealand with no restrictions and no conditions.

Check Your Eligibility

To check if you are eligible, you can use Immigration New Zealand’s new tool .

How We Can Help

Stay legal’s principal lawyer reappointed to the auckland district law society’s immigration & refugee law committee, a guide for employers & migrant employees: the accredited employer work visa application explained, a guide for employers: the accredited employer work visa job check explained, a guide for employers: the accredited employer work visa compulsory employer accreditation explained, recent key border & accredited employer work visa updates explained.

Posted by Lauren Qiu

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Variation  of Conditions

You may be able to vary the conditions of your current visa if they no longer suit your situation.   Conditions that may be varied on specific visas are:

Visitor Visa 

You can apply to study part-time for longer than 3 months; take up seasonal work in the horticulture or viticulture industries; or change how often you can travel to another country and return to New Zealand before your visa expires.

Student Vi sa

You might wish to study a different course, change education provider or be allowed to work.

If you have conditions or rules about your employment, you may be able to apply to change the employer you work for, your occupation, the location of your employment and/or how long you can study while you work.

Resident Visa

If your travel conditions expire while outside New Zealand, in order for you to return to New Zealand, you will need to apply for a variation of travel conditions on your resident visa.  The length of time you can extend your travel conditions will depend on your circumstances, and you may need to include evidence to support your application.

Click here  for more information on varying the conditions of temporary visas, or here  for more information on varying the travel conditions of your resident visa.

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51 Resident visa holder may apply for variation of travel conditions

A resident visa holder may apply, in the prescribed manner, for a variation of the conditions of his or her visa relating to travel to New Zealand.

An immigration officer must determine the application in accordance with the residence instructions applicable at the time the application for the variation was made.

However, the Minister may vary conditions of a visa under this section by special direction, as an exception to residence instructions.

• The Parliamentary Counsel Office
• www.govt.nz

• Extending the travel conditions of a resident visa

You can travel in and out of New Zealand for up to 2 years on most resident visas. If you want to extend this time you need to apply for a variation of conditions.

Change the conditions of your visa

• Changing the conditions of a work visa or applying for a Job Change
• Changing the conditions of a student visa
• Changing the conditions of a visitor visa

Travelling overseas on a resident visa

Most resident visas let you travel outside New Zealand as often as you like for up to 2 years — that is, you have multiple entry travel conditions .

You can find your travel conditions in your eVisa, on the visa label in your passport or explained to you in a letter we sent you.

Check your visa conditions

If you go overseas after your travel conditions have expired

If you travel from New Zealand to another country after your travel conditions have expired, your visa will expire too. You will not be allowed to come back to New Zealand unless you get another valid visa.

Extending your travel conditions

Apply to extend your travel conditions before you travel in and out of New Zealand if you:

• plan to stay on a resident visa for more than 2 years
• have applied for permanent residence after 2 years on a resident visa but we have not approved your application yet.

Apply for permanent residence instead

Permanent residents can travel and return to New Zealand as often as they like. If you are eligible for permanent residence, you could apply for that instead of a variation to the travel conditions on your resident visa.

Permanent Resident Visa

How long you can extend your travel conditions for

Depending on your situation, you can apply to extend your multiple entry travel conditions for 1 or 2 years. If we are not able to extend your travel conditions for 1 or 2 years, we may grant you an extension for 14 days.

If you spent more than 6 months in NZ in the last 2 years

You can apply to extend your travel conditions for up to 12 months if, in at least 1 of  the 2 years before you apply, you spent 184 days or more living in New Zealand. We check our records to confirm this.

If you are a New Zealand tax resident

New Zealand tax residents can apply to extend their travel conditions for up to 12 months.

You are a New Zealand tax resident, if in the 2 years immediately before you apply for a variation of travel conditions:

• Inland Revenue confirms you had tax residence status for at least 12 months, and
• you spent 41 days or more in New Zealand as a resident in at least 1 of those 2 years.

Submit evidence of your tax residence status with your application including:

• a statement from Inland Revenue, or
• a Confirmation of tax resident status (INZ 1006) endorsed by Inland Revenue.

Confirmation of Tax Resident Status (INZ 1006) PDF 237KB

If you are also a tax resident of another country

Only New Zealand tax residents can apply to extend their travel conditions. Some countries have double tax agreements with New Zealand. If you are considered by Inland Revenue to be a tax resident in another country because of a double tax agreement, we will not consider you to be a New Zealand tax resident.

Double tax agreements | Inland Revenue

If you were not the principal applicant when you applied for a residence visa

You can only apply for a variation of your travel conditions:

• at the same time as the principal applicant, or
• after they have applied for their variation.

You are normally granted the same travel conditions as the principal applicant, but there are some exceptions.

Non-principal applicant eligibility

When you apply you need to tell us why you want to extend your travel conditions and provide evidence to support your reasons for applying. This information helps us decide how long we will extend your multiple entry travel conditions for.

If you are working overseas for your employer

If you are seconded overseas as part of your New Zealand employment, you can apply to extend your travel conditions for 2 years . You can apply for this up to 4 times — this gives you a maximum of 8 years of multiple entry travel conditions.

With your application, include written confirmation from your employer:

• detailing the terms of your secondment
• saying how long it will last, and
• that they consider New Zealand to be where you would normally live.

If your partner is a New Zealand citizen

If your visa was based on your relationship.

You can apply to extend your travel conditions for 2 years if:

• we granted your resident visa on the basis of your partnership with a New Zealand citizen, and
• your relationship with that person is ongoing.

When you apply to extend your travel conditions, provide:

• a letter of support from your partner, and
• evidence that you are still living together.

If you have a resident visa in your own right

You can apply to extend your travel conditions for 2 years if you have been living with a New Zealand citizen in a genuine and stable relationship for at least 12 months.

When you apply to extend your travel conditions, provide evidence that:

• your partner is a New Zealand citizen, and
• you have been living together in a genuine and stable relationship for at least 12 months.

Partnership

If you are an Australian citizen or resident

If you are an Australian permanent resident or a citizen of Australia, you can travel in and out of New Zealand as often as you wish. Your New Zealand resident visa expires each time you leave.

You can apply to have multiple entry travel conditions added to your visa for up to 2 years if you:

• do not want your resident visa to expire each time you leave New Zealand
• plan to travel often and intend to:
• apply for a permanent resident visa, or
• sponsor a resident visa for one of your parents.

Australian Resident Visa — Travel conditions

Apply to extend or vary your travel conditions

You can apply online to extend or vary your travel conditions.

When you complete your application you will be asked to provide:

• a copy of your passport
• 1 recent acceptable photo
• any documents or evidence that supports your application.

Providing your passport for online applications

Acceptable photos for a visa or NZeTA

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Timeline for variation of travel conditions on resident visa

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Hi All -- I'm trying to figure out if I can attend my sister's wedding outside NZ given the timeline with my residency visa and travel conditions expiring. One thing I want to bear in mind is that processing times for either variation or PR are currently 51 days, but we were told our residency would be processed in 6-9 months, and it took 22 months, so I don't want to rely on the 51 day processing time...would rather allow 90-120 days. RESIDENCY BACKGROUND My residency visa was granted 02 AUG 2018 and was effective immediately because I was an onshore applicant. It states that travel conditions expire 02 AUG 2020. However, I was outside NZ when residency was granted, entering the country as a resident on 11 OCT 2018. INZ kept stating that I could apply for PR 02 AUG 2020, but the Immigration Act of 2009 states that the time only starts ticking once you are in the country. I re-inquired with the CO who granted my visa, who transferred me to a TA. After two weeks, the TA issued me a Replacement Resident visa with a start date of 03 SEPT 2019, that says my travel conditions are until 11 OCT 2020. Note that I am the secondary applicant. The primary applicant still has the original resident visa granted 02 AUG 2018, with travel conditions expiring 02 AUG 2020. We suspect this is incorrect but that INZ aren't on top of it enough to correct the primary's residency based on the correction they did for the secondary. The primary (and secondary) will qualify for variations based on being in NZ 184 days in a previous 12-month period, and eventually PR based on 184 days in each of the previous 12-month periods. WEDDING & VARIATIONS MY sister is thinking of getting married 18 OCT 2020, shortly after my conditions expire. We have travel planned overseas July 2020, returning by late July. If we send in our application for variations or PR in early August, it is not enough time to comfortably have the application processed in time to travel by 10 OCT to a wedding. It doesn't matter to me if it *should* be okay -- I am unwilling to take this risk, and it is likely the processing timeline will be longer, as timelines have only been increasing. QUESTIONS 1) Does the primary need to request the visa be changed to reflect the 11 OCT 2018 arrival date in NZ, with travel conditions subsequently extended to 11 OCT 2020? 2) Are we better off with the primary keeping the earlier date of 02 AUG 2018...after all, INZ doesn't seem to understand which date is correct, since we were onshore applicants but offshore when residency granted. 3) Can we apply for travel conditions in, say, February 2020...to hopefully extend the travel conditions for another 12 months? 4) Or, is INZ going to decline considering travel conditions on the basis that ours are still good for an additional 6 (for the primary) or 8 (for secondary) months? 5) Does INZ ever deny travel conditions, provided the applicants meet the criteria? 6) Does the variation of travel conditions affect our timeline to apply for PR? So, if we do get a variation, and return to NZ after the wedding by 31 OCT 2020, can we immediately apply for PR given that we will have met the 184-day requirements? 7) If we still have a valid variation of conditions (until Feb 2021, for example), can we travel even while PR is being processed? Our country of origin allows us to have 2 passports, so we could send the one tied to the residency visa to INZ for processing, and have a second one for travel (to meet family for Christmas 2020), while INZ is processing the PR. 8) Or, do they require that you be in NZ during the processing of a PR visa, as your passport is at INZ? Thank you! I wish I were able to get answers out of INZ for this. Hoping the forum with have some ideas. Gaida

Letting you know I've seen this, but I'm not even going to think about it straight away, because it's bedtime in my time zone.

@JandM, as always, you are a much appreciated resource. FYI I will be editing my post based on some information from the forum. You can re-read in the morning.

I guess I can't edit my post...so here are the questions, but modified... @Kelerei notes that you don't have to be in NZ to apply for PR ( https://www.enz.org/forum/showthread.php?t=55857 ). QUESTIONS RE: INZ GIVES DIFFERING INFORMATION ON START OF RESIDENCY 1) Does the primary need to request the visa be changed to reflect the 11 OCT 2018 arrival date in NZ, with travel conditions subsequently extended to 11 OCT 2020? 2) Are we better off with the primary keeping the earlier date of 02 AUG 2018...after all, INZ doesn't seem to understand which date is correct, since we were onshore applicants but offshore when residency granted. Maybe they'll go by the records for the primary and we'll be eligible 02 AUG 2020? I have it in writing in an email from an INZ officer that I am eligible to apply on 02 AUG 2020...but the TA who did my Replacement Resident Visa states I am eligible to apply only on or after 11/10/2020 (this second date complies with the Operations Manual RV2.5.b ( https://www.immigration.govt.nz/opsmanual/#30505.htm ), which states that the application for PRV must be at least 24 months after the first day in NZ as a resident...yet INZ confirmed in an email that 02 AUG 2020 was correct...) QUESTIONS RE: STRATEGY FOR TRAVEL CONDITIONS: 3) It seems easiest to apply for 12 months of travel conditions in, say, February 2020...this will cover us until Feb. 2021, or later, depending on processing times. Is this timeline to apply for a variation in travel conditions reasonable? 4) Or, might INZ decline on the basis that our current (original) travel conditions are still good for an additional 6 months (for the primary) or 8 months (for secondary)? 5) Do we need to worry that INZ might deny travel conditions, provided the applicants meet the criteria, haven't committed crimes, etc? 6) Does the variation of travel conditions affect our timeline to apply for PR? So, if we do get a variation, and return to NZ after the wedding by 31 OCT 2020, can we immediately apply for PR given that we will have met the 2 years of 184-day requirements? Or does getting a variation extend the timeline for PRV application? 7) If we have a valid variation of conditions, can we travel even while PR is being processed, as @Kelerei indicates? 8) Do we have to send our passports to INZ? Or, since it is all e-visas now, do we keep our passports? The PRV/variations application form says nothing about mailing passports. 9) In this case, it seems so long as we have valid travel conditions, we can travel as needed, but have the processing for variations and/or PRV operate while we do our travels. 10) Note that if we have to mail passports to INZ, we can acquire a second passport and travel on that one, if we're not required to be in NZ for processing. There are two other factors: 1) The primary was given a traffic ticket. I understand this doesn't usually impact anything -- how can we find out if this is an offense or just an infraction? I understand offenses have to be declared, but infractions don't. 2) I realize that as the secondary, INZ really don't care about my whereabouts, so I could go to the wedding, while the primary stays in NZ and does the immigration thing, but of course, we want to go together. I'm not sure if this will have an impact...that it is the secondary's sister who is getting married, but the primary is the one that a variation is issued to.

Originally Posted by Gaida 1) Does the primary need to request the visa be changed to reflect the 11 OCT 2018 arrival date in NZ, with travel conditions subsequently extended to 11 OCT 2020? 2) Are we better off with the primary keeping the earlier date of 02 AUG 2018...after all, INZ doesn't seem to understand which date is correct, since we were onshore applicants but offshore when residency granted. The two years travel conditions are counted from a person's first day in New Zealand as a resident. As per R5.66.5 , this is the day the Resident Visa is granted if the person is onshore; if the person was offshore, this is the day that said person was first granted entry permission on the basis of their Resident Visa. As you have stated, you were offshore at the time your Resident Visa was granted, so your own travel conditions therefore expire two years after you were first granted entry permission, and you have already gotten INZ to correct their mistake in this regard. For the primary applicant, as per R5.66.5, it depends whether the primary applicant was offshore or onshore at the time the Resident Visa was granted. If the primary applicant was onshore at the time, the expiry of travel conditions as currently stated by INZ is indeed correct. Originally Posted by Gaida 3) Can we apply for travel conditions in, say, February 2020...to hopefully extend the travel conditions for another 12 months? The primary applicant may apply for a 12-month variation of travel conditions whenever the criteria detailed in RV3.5 are met. As a dependent applicant on the original Resident Visa application, you will normally be included on the primary applicant's application, and your own eligibility for a variation of travel conditions will normally be entirely dependent on the primary applicant's own eligibility. There are some exceptions to this: see RV1.10(c) to determine if one of these exceptions apply to you (if they do, you must apply and be eligible in your own right). Originally Posted by Gaida 4) Or, is INZ going to decline considering travel conditions on the basis that ours are still good for an additional 6 (for the primary) or 8 (for secondary) months? There is nothing in the operations manual to suggest that this is the case, and no evidence that I've seen (on this forum or elsewhere) that your application will be declined solely based on having existing travel conditions. Logically thinking: if this were the case, what would be the point of asking for a variation of travel conditions in the first place? Also note my response to your next question. Originally Posted by Gaida 5) Does INZ ever deny travel conditions, provided the applicants meet the criteria? As per RV3.1 : Applications made by a Resident Visa holder in New Zealand cannot be declined (see RV3.1.1(a)), but may only be granted a 14-day variation of travel conditions under RV3.10 if the provisions of RV3.1(d) apply. Applications made outside New Zealand must be declined under the circumstances listed in RV3.1.1(b) and RV3.1.1(c). Originally Posted by Gaida 6) Does the variation of travel conditions affect our timeline to apply for PR? So, if we do get a variation, and return to NZ after the wedding by 31 OCT 2020, can we immediately apply for PR given that we will have met the 184-day requirements? The requirements to be granted a Permanent Resident Visa are detailed in RV2.5 ; having been granted (or not been granted) a variation of travel conditions is not one of them. Once you meet the requirements as detailed in RV2.5, you may apply. Originally Posted by Gaida 7) If we still have a valid variation of conditions (until Feb 2021, for example), can we travel even while PR is being processed? Our country of origin allows us to have 2 passports, so we could send the one tied to the residency visa to INZ for processing, and have a second one for travel (to meet family for Christmas 2020), while INZ is processing the PR. 8) Or, do they require that you be in NZ during the processing of a PR visa, as your passport is at INZ? There is no requirement anywhere in RV2 that states that you must be in the country during the processing of a Permanent Resident Visa, and I do recall someone on this forum posting that his Permanent Resident Visa had been granted while offshore, under similar circumstances to the hypothetical ones you have mentioned. Also, it's not an absolute requirement to send your passport to INZ; a certified copy may suffice. If you send a certified copy and INZ wants to sight your actual passport (which, from evidence on this forum, usually only happens if it's a passport they've never sighted before), they will let you know. You'll probably want to send a certified copy if you're travelling, as you may well have hassles trying to re-enter New Zealand as a resident if you do not enter on the passport that your Resident Visa is linked to (source: other people on this forum who have done this and shared their rather unpleasant experiences, and Y3 in the ops manual).

Last edited by Kelerei; 19th September 2019 at 01:16 PM . Reason: It turns out that my morning cup of coffee still doesn't improve my spelling and grammar... *sigh*

Just saw your updated questions now... hopefully the above answers them too.

Wow Kelerei -- thank you so much! I really appreciate it. Your information is much more comprehensive than that by INZ. I'm very grateful. Originally Posted by Kelerei If the person was offshore, this is the day that said person was first granted entry permission on the basis of their Resident Visa. For the primary applicant, as per R5.66.5, it depends whether the primary applicant was offshore or onshore at the time the Resident Visa was granted. If the primary applicant was onshore at the time, the expiry of travel conditions as currently stated by INZ is indeed correct. The primary applicant and I entered NZ on the same date, from the same flight. We had identical circumstances: both living in NZ on temporary visas, then leaving NZ prior to the granting of residency, and returning to NZ on 11 OCT 2018. This is why it is so unsettling that INZ have changed my visa travel conditions, but not the primary's. They only changed mine because I asked proactively (I was concerned about a possible job that would send me overseas after 02 AUG 2020). Otherwise, I would still have a visa that said my travel conditions were until 02 AUG 2020, and I still have an email from August 2019 direct from INZ staff confirming that I am eligible to apply for residency on 02 AUG 2020 (despite the Operations Manual, as you and I have quoted, indicating this is incorrect...and thus the reason for my inquiry with the original CO). 1) So, should we just go with what the Operations Manual states, and plan on applying for PRV after 11 OCT 2020? Or should we go with what INZ have told us in a written email and the primary's visa, which states we can apply 02 AUG 2020? Are they likely to say, "oops, we were wrong!" at that time (not that they would ever admit fault to forgetting about RV2.1.b in their written correspondence with us; they might just make us wait). Originally Posted by Kelerei [*]Applications made by a Resident Visa holder in New Zealand cannot be declined (see RV3.1.1(a)) Whew! We meet all the criteria in RV3.1.1, so the variation will be granted. I appreciate you drawing my attention to that. Originally Posted by Kelerei Also, it's not an absolute requirement to send your passport to INZ; a certified copy may suffice. If you send a certified copy and INZ wants to sight your actual passport (which, from evidence on this forum, usually only happens if it's a passport they've never sighted before), they will let you know. Sounds easiest to apply for a variation early 2020 when we will be in NZ and can send original passports. We could then apply for PRV with certified copies so we can travel, and if they want the passports after we return to NZ, we could mail them in. 2) Does that sound like a close-as-possible-to-surefire plan? 2 other questions: 3) The primary was given a traffic ticket (moving infraction, not just speeding ticket, but not alcohol-related or anything). I understand this doesn't usually impact anything -- how can we find out if this is an offense or just an infraction? I understand offenses have to be declared, but infractions don't. 4) Why do you know all this? I'm so grateful for your well-informed help. Many, many thanks. Gaida

Originally Posted by Gaida 1) So, should we just go with what the Operations Manual states, and plan on applying for PRV after 11 OCT 2020? Or should we go with what INZ have told us in a written email and the primary's visa, which states we can apply 02 AUG 2020? Are they likely to say, "oops, we were wrong!" at that time (not that they would ever admit fault to forgetting about RV2.1.b in their written correspondence with us; they might just make us wait). If I were in your situation, I'd play it by the book and apply for your Permanent Resident Visa after October 11th, 2020. It's entirely plausible that, if you apply before then, INZ will realise their earlier error and determine that you don't yet qualify for a Permanent Resident Visa, which would be a bit of a waste by anyone's reckoning. That being said, my LIA always says the following when dealing with INZ, and you should keep this in mind: Assume nothing about your eligibility. Suspend logic. Just when you think you understand the visa rules, your application will be processed by a moron who doesn't (his words, not mine!). Treat with great caution whatever you read on INZ's website. Originally Posted by Gaida 2) Does that sound like a close-as-possible-to-surefire plan? This is exactly what I would be doing if I were to be in your situation. Originally Posted by Gaida 3) The primary was given a traffic ticket (moving infraction, not just speeding ticket, but not alcohol-related or anything). I understand this doesn't usually impact anything -- how can we find out if this is an offense or just an infraction? I understand offenses have to be declared, but infractions don't. It shouldn't, unless the consequences are serious indeed. See RV2.1 (stating who is not eligible for a Permanent Resident Visa) and, if you have the nerve, the circumstances where a Resident Visa holder may find himself liable for deportation due to character and/or criminal matters (lurking within D2.15 ). Originally Posted by Gaida 4) Why do you know all this? Much like Tyrion Lannister: I drink, and I know things.

I applied on 27 August and received on 14th September but they issued on 29 August coz expiry shows 29 aug 1 2020

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What is the difference between Resident Visa and Permanent Resident Visa?

Great news that Immigration New Zealand has recently enabled the online processing of Permanent Resident Visas which should make this application process more efficient, and result in faster outcomes! There is often confusion between a Resident Visa (RV) and a Permanent Resident Visa (PRV). Both visas have the exact same benefits as far as what the holder is entitled to in New Zealand – e.g., to live, work, study, undertake business, vote etc. However, there is one major difference between these two resident visa types, and that is the travel conditions which allow re-entry to New Zealand as a resident should the visa holder leave New Zealand. Resident Visas are normally issued with travel conditions which expire after 2 years. If the Resident Visa holder leaves New Zealand, and the travel conditions have expired before they re-enter New Zealand, then they lose their New Zealand residence status. In some situations, it is possible to recover the residence, but this depends on when the holder left New Zealand, when the travel conditions expired, and when action is taken to remedy the situation (time being of the essence). It is possible to extend the travel conditions, and this should be done before leaving New Zealand if the travel conditions will expire while the holder is outside New Zealand. This application is called a Variation of Travel Conditions (VOTC). Permanent Resident Visas do not have any travel conditions and have no expiry date. Resident Visa holders can apply for a Permanent Resident Visa only after they have held their Resident Visa for 2 years (i.e., or 2 years from the date of first arrival in New Zealand as a resident). Applicants are strongly encouraged to apply for their PRV as soon as they become eligible by demonstrating they satisfy one of the following criteria: • Significant period of time spent in New Zealand (spending 184 days in New Zealand in each of the two consecutive 12-month periods immediately prior to making their PRV application) Over 90% of applicants rely on this time-in-New Zealand requirement to obtain their PRV. However, if this is not possible the following additional options are also available: • Tax residence status in New Zealand • Investment in New Zealand • Establishment of a business in New Zealand • Base established in New Zealand (Please appreciate these are just the headline requirements and there are detailed policy requirements in respect to each of these options). Resident Visa holders can remain living in New Zealand indefinitely without extending their travel conditions or applying for the Permanent Resident Visa – however should they have to urgently leave New Zealand then they need either the VOTC or PRV to re-enter as a resident. Applicants must maintain their good character and any convictions can adversely impact on their PRV application and professional advice is recommended for this situation. Some Resident Visas are also issued with additional conditions (called Section 49(1) conditions) and these conditions must be satisfied before being eligible to apply for a PRV. Time in New Zealand holding both the Resident Visa and Permanent Resident Visa can count towards the 5 years for which a person must hold New Zealand residence in order to apply for New Zealand citizenship . The PRV can also be transferred to any new passport in the future. If you are wanting to apply for a Permanent Resident Visa or a Variation of Travel Conditions, or just wanting more information about these visa types, then please talk to one of Pathways® 13 Licensed Immigration Advisers today.

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Variation of Resident Visa Travel conditions for New Zealand

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Hi, I have a query regarding my travel conditions on RV and for how long can i stay out to get the 1 year extension in travel condition on my RV I made my first entry in September 2017 so my travel condition for 2 Years started from 10th Sept. 2017 and i have two years time till Sept. 2019. As per the following information on NZ website ( https://www.immigration.govt.nz/new...al-information/variation-of-travel-conditions ) if i spend 6 months / 184 days in the last year before i apply for travel condition then i can get 1 year Travel Condition Extension. I want to get the 1 year Travel condition extension, I want to know when do i need to travel back to NZ to get the rule applicable for me. should i be there in March 2019 to get my 184 days stay in NZ? or can i make it till mid of 2019 so that i will spend last 6 months of 2019 to get this rule apply to my case? Need your recommendations. Regards, Maaz  

So long as you stay in NZ for a period of at least 184 days or more in at least one of the two years before you apply for the Variation Of Travel Conditions then you may be able to extend those Travel Conditions for 12 months. There is no need to give you specific dates when you need to be here in NZ to fulfill the criteria. You can work it out for yourself depending on your own personal circumstances. Pick a date in the future when you think you'll need to apply for the Variation Of Travel Conditions....for arguments sake lets pick the date as 10 September 2019. So on that day you intend to apply for the Variation, so during the periods 10 September 2017 (the date you arrived and activated your RV) to 10 September 2018 OR 10 September 2018 to 10 September 2019 you MUST have stayed in NZ for a period of at least 184 days or more. You can do this by arriving in early March 2019, waiting for the 184 days and then making the Variation application. You could also come later in 2019 (but before 10 September 2019 when your travel condition expires) but you'll have to wait until you fulfill the 184 days before you apply for the Variation. The two single year periods are calculated back from the date you apply for the Variation.  

Thank you escapedtonz for your very detailed and helpful reply. So what i understood is that i can apply for the variation of travel condition even after my travel condition is expired (provided that i have been there in NZ before 9th Sept 2019). For example if i apply for the extension of travel condition by Jan 2020, so i should have spent 184 days in the period of Jan 2018 to jan 2019 or Jan 2019 to Jan 2020 either year. Correct me if i am wrong.  

I believe you can apply for a Variation of Travel Conditions at any time, either whilst your current Travel Condition is active or after it has expired. Normally, after the expiry of the Travel Condition a person would resolve the issue by applying for Permanent Residency (takes a few days), however not all persons will be eligible for PR at the same time as when the travel condition expires if they have been outside of the country for long periods following RV activation, so there must always be an alternative way to allow travel outside of this period. Yes you got it right with the dates. You must return to NZ before 10th September 2019 - i.e. you must return to NZ before your RV travel condition expires. If you don't you probably won't be allowed to travel or you won't be allowed entry on that visa. So yes if you apply for the Variation of Travel Conditions in Jan 2020 they will look at the previous two separate years to establish how many days you have lived in NZ and if you have spent at least 184 days in one of those years you should be approved a variation of travel conditions.........BUT There is no point in applying for a Variation if you don't intend to travel overseas. If you have already lived in NZ for 184 days in one of those 12 month periods prior to Variation application you only need to live in NZ for another 184 days in another one year period to be eligible for PR. There's no point applying for the Variation in Travel Conditions if you don't intend to leave for a while.  

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Application for a Job Change or a variation of conditions for work visa holders

If you hold an Accredited Employer Work Visa (AEWV) use this form to apply for a Job Change. If you hold a work visa, use this form to apply for a variation of conditions. If you hold a partnership-based work visa subject to conditions, use this form to apply to remove some of these conditions.

Who can apply for a Job Change or a variation of conditions

You can use this form to apply for a Job Change (for holders of an Accredited Employer Work Visa) or a variation of conditions (for other work visa holders with specific employment conditions) to:

• change occupation, employer, and location of employment
• remove conditions if you hold a partnership-based work visa subject to work conditions, or
• study part-time.

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Before applying, check if you can change your work visa conditions or your job, and what you need. Varying work visa conditions and Job Changes

Working for a different employer

If you hold:

• an Accredited Employer Work Visa (AEWV) and you want to apply to work for a new employer they must be accredited under AEWV and have a valid Job Check for your Job Change Application
• another work visa with specific employment conditions and you want to apply to work for a different employer, and they are not accredited under the AEWV policy or the Talent (Accredited Employers) policy, your new employer will need to complete an Employer Supplementary Form (INZ 1113), which must be attached to your application.

Employer Supplementary Form (INZ 1113) PDF 388KB

The fee to submit this request is NZD$210. You will pay the fee at the end of the form. You can pay with a Visa or Mastercard credit card.

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This form is for work visa holders. If you want to apply for a variation of travel conditions, have a visitor or student visa, you need to use form INZ 1020. Application for a Variation of Conditions or a Variation of Travel Conditions (INZ 1020)

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If you are applying for a Job Change or a variation of conditions to allow you to work for a different employer, in a different occupation, or in a different place of employment, provide details.

Unless your new employer is accredited under the AEWV or Talent (Accredited Employers) policies, an Employer Supplementary Form (INZ 1113) must be completed if you are applying to work for a different employer.

How we calculate pay rates for the AEWV Green List occupations Essential Skills in Demand List

This is a 10-character number that begins with JC. It can be found at the top of their approval letter next to the Application number.

Removing conditions on your partnership-based work visa

If you are applying to remove work conditions from your partnership-based work visa, provide details.

If you are granted a removal of conditions on your partnership-based visa you will have open work rights. You do not need to apply for a variation of any of your other work-related conditions.

For more information about the median wage and how much your partner must earn.

Wage rate requirements for visas

We need 2 types of wage related evidence. Evidence can include, but is not limited to, your partner's:

• updated job offer
• summary of income details from Inland Revenue
• payslips showing the new remuneration rate
• bank statements showing the new remuneration rate.

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If you are changing occupation, upload evidence that demonstrates that you are suitably qualified for the job.

Sometimes we may ask for additional documents or information to consider with an application. You may wish to upload other documents or information so that we can consider it with this application. If we need to see an original document, we will ask you to produce it later. 

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