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Resident's
Returning To New Zealand
What
Is A Returning Resident's Visa?
If
you are a permanent resident of New Zealand, and wish to leave New Zealand
temporarily, you need a Returning Resident's Visa to continue your residence
status when you return to New Zealand.
Who
Needs A Returning Resident's Visa?
You
need a Returning Resident's Visa if you:
-
hold
a Residence Permit and wish to leave New Zealand temporarily; or
-
have
held a Residence Permit, are temporarily overseas, and wish to return to
New Zealand; or
-
are
a New Zealand citizen travelling on the passport of another country and
wish to return to New Zealand using that passport.
Who
Does Not Need A Returning Resident's Visa?
You
do not need a Returning Resident's Visa if you are:
-
a
New Zealand citizen with a current New Zealand passport; or
-
an
Australian citizen with a current Australian passport; or
-
an
Australian resident with a current Australian Resident Return Visa.
What
Length Of Time Will My Returning Resident's Visa Be Issued For?
The
length of your Returning Resident's Visa will depend on when you were first
granted residence and your demonstrated commitment to New Zealand over the
two years immediately preceding your application for a Returning Resident's
Visa.
Your commitment to New Zealand may be in the form of your:
Returning
Resident Visa Policies
-
General
Returning Resident Visa Policy which applies to persons first granted
residence after 30 October 1995; and
-
Transitional
Returning Resident Visa Policy which applies to persons first granted
residence before 30 October 1995.
The
General Returning Resident's Visa Policy applies to the majority of people
and is therefore covered on this page. For details on the Transitional
Returning Resident's Visa Policy, please refer to the Guide
for Returning Resident's Visas.
Note: If you are eligible for a Returning Resident's Visa under both the
Transitional and General Policy, you will be considered under the provision
that is more favourable to you.
General
Returning Resident's Visa Policy
If
you were granted residence after 30 October 1995, then the following rules
apply:
-
First
Returning Resident's Visa.
You are issued your first Returning Resident's Visa free-of-charge when
you are granted residence. This Returning Resident's Visa is valid for 2
years from the date of your first Residence Permit.
-
Second
and subsequent Returning Resident's Visa.
Eligibility for a second and subsequent Returning Resident's Visa is
generally dependent on the circumstances of the principal applicant of
the original residence application. If you, the principal applicant
qualify for a Returning Resident's Visa, then your family members
included in the original residence application will also qualify for a
Returning Resident's Visa of the same currency.
The
length of your second and subsequent Returning Resident's Visa may be for:
-
an
indefinite period; or
-
a
12 month period; or
-
a
14 day period.
Indefinite
Returning Resident's Visa
There
are five ways to qualify for an Indefinite Returning Resident's Visa. In all
five cases:
-
you
must not be subject to section 18A requirements; or
-
if
you are subject to section 18A requirements, have met those
requirements; and
-
have
held a residence permit at a time which was a minimum of 2 years before
the date your Returning Resident's Visa application is lodged.
1.
Significant period of time spent in New Zealand
You must have held residence permits for a total of 184 days or more in each
of the two 12-month portions of the 24 months immediately preceding your
Returning Resident's Visa application.
or
2. Tax residence status in New Zealand
You must have held residence permits for a total of 41 days or more in each
of the two 12-month portions of the 24 months immediately preceding your
Returning Resident's Visa application. In addition, you must be assessed by
the Inland Revenue
Department as having tax residence status for the 24 months immediately
preceding your Returning Resident's Visa application.
or
3. Investment in New Zealand
You must have been approved residence under the Business Investor category
and have maintained your investment in New Zealand for two years.
Alternatively, if you have been approved residence other than under the
Business Investor Category, you must have maintained an investment of
NZ$1,000,000 or more in New Zealand for at least 2 years after the grant of
your residence.
or
4. Establishment of a business in New Zealand
You must have successfully established a business in New Zealand that has
been trading successfully and benefiting New Zealand in some way for at
least 12 months immediately preceding your Returning Resident's Visa
application. You may have been approved residence under any category.
or
5. Establishment of a base in New Zealand
-
You
must have held residence permits for a total of at least 41 days in the
12 months immediately preceding your Returning Resident's Visa
application; and
-
each
and every member of your immediate family who was included in your
application for residence has held residence permits for a total of at
least 184 days in the 24 months immediately preceding your Returning
Resident's Visa application; and either
-
you
own and maintain a family home in New Zealand (you must have purchased
the family home within 12 months of the date you were initially granted
a residence permit and you and/or members of your immediate family who
were included in the application for residence occupy that property); or
-
you
have been engaged in full time, genuine employment in New Zealand
totalling at least 9 months in the 24 months immediately preceding your
Returning Resident's Visa application.
12
Month Returning Resident's Visa
There
are two ways to qualify for a 12-month Returning Resident's Visa. In both
cases:
-
you
must not be subject to section 18A requirements; or
-
if
you are subject to section 18A requirements, have met those
requirements; and
-
have
held a residence permit at a time which was a minimum of 1 year before
the date your Returning Resident's Visa application is lodged.
1.
Period of time spent in New Zealand
You must have held residence permits for a total of 184 days or more in at
least one of the two 12-month portions of the 24 months immediately
preceding your Returning Resident's Visa application;
or
2. Tax residence status in New Zealand
You must have held residence permits for a total of 41 days or more in at
least one of the two 12-month portions of the 24 months immediately
preceding your Returning Resident's Visa application. In addition, you must
be assessed by the Inland
Revenue Department as having tax residence status for 12 months in the
24 months immediately preceding your Returning Resident's Visa application.
14
Day Returning Resident's Visa
You
must hold a residence permit but do not meet the requirements for an
indefinite or 12 month Returning Resident's Visa. Applicants who are not in
New Zealand will not qualify for a 14 days Returning Resident's Visa.
What
If I Am A New Zealand Citizen Travelling On A Passport Of Another Country?
You
may be issued with an indefinite Returning Resident's Visa in your foreign
passport.
You will be required to make a formal application and pay the relevant fee.
Are
There Any Special Provisions I Can Apply Under?
There
are 2 special Returning Resident's Visa provisions for:
1. Spouses and de facto partners of New Zealand citizens
You may be issued with a further 2 year Returning Resident's Visa if you are
a spouse or de facto partner of a New Zealand citizen and do not qualify for
an indefinite Returning Resident's Visa. This is provided your New Zealand
spouse or partner supports your application in writing and evidence of your
ongoing relationship is submitted.
2. Resident's seconded overseas as part of their New Zealand employment
You may be issued with a further 2 year Returning Resident's Visa if you are
seconded overseas as part of your New Zealand employment and do not qualify
for an indefinite Returning Resident's Visa. This is provided your New
Zealand employer confirms in writing that you are required to remain
overseas and you are still considered a New Zealand resident. You may renew
your Returning Resident's Visa under this provision every 2 years, for up to
a total of 8 years stay outside New Zealand.
How
Do I Apply For A Returning Resident's Visa?
You
should apply to the nearest branch office or diplomatic or consular
representative of the New Zealand Immigration Service. To make an
application, you will need to supply all of the following:
-
a
fully completed "Application for Returning Resident's Visa"
form; and
-
the
correct visa fee (Fees
Guide); and
-
your
current passport; and
-
evidence
that you hold, or have held (or are considered under section 44 of the
Act to hold or have held) a residence permit; and
-
evidence
that you are eligible for a Returning Resident's Visa.
Note:
The passports of all persons included in the application must be submitted
with the Returning Resident's Visa application.
Do
My Spouse/Partner And Children Need Returning Resident's Visas?
If
your spouse/partner and children intend to travel overseas temporarily and
return to New Zealand, they should obtain Returning Resident's Visas.
Your spouse/partner and dependent children under 20 years of age do not need
to complete separate application forms or pay separate fees if they are
included in your application for a Returning Resident's Visa.
Your family's Returning Resident's Visa will be made current for the same
period as your (the principal applicant's) Returning Resident's Visa.
Children 17 years of age or older who are not dependent and all children 20
years of age and over must make their own application for a Returning
Resident's Visa and must pay a separate fee.
How
Do I Prove My Residence Status?
Acceptable
evidence to prove your residence status includes:
-
a
current or expired passport or travel document endorsed with your New
Zealand Residence Permit or previous Returning Resident's Visa; or
-
the
original letter you received when you were first granted permanent
residence in New Zealand; or
-
your
New Zealand passport.
Note:
If you arrived in New Zealand before 2 April 1974 and did not receive a
Residence Permit, you must provide evidence that you arrived before this
date and have lived in New Zealand or Australia continuously ever since.
Acceptable evidence which must all be dated in New Zealand before 2 April
1974 may include:
-
a
New Zealand driver's license; or
-
bank
statements; or
-
employment
references; or
-
New
Zealand school reports; or
-
marriage
certificates; or
-
any
other evidence requested by the NZIS.
What
If I Have Requirements Under Section 18A On My Residence Permit?
First
time Returning Resident's Visas issued to people holding residence permits
subject to requirements under section 18A of the Immigration Act 1987 will
also be subject to those requirements.
A subsequent Returning Resident's Visa may not be issued until any
requirements previously imposed under section 18A have been met.
Can
I Use My Returning Resident's Visa For More Than One Overseas Visit?
There
is no limit on the number of times you can leave New Zealand if you have
been granted a multiple entry Returning Resident's Visa. You must ensure
that your Returning Resident's Visa is current when you travel (and for the
length of your travel).
What
If I Left New Zealand Without A Returning Resident's Visa?
You
will need to apply for a further Returning Resident's Visa at a New Zealand
Immigration Service branch office or diplomatic or consular representative.
When you make your application, you will have to provide evidence that you
were a lawful resident of New Zealand before your departure, and that you
are entitled to a Returning Resident's Visa.
What
If My Returning Resident's Visa Expires Before I Return To New Zealand?
You
will need to apply for a further Returning Resident's Visa at a New Zealand
Immigration Service branch office or diplomatic or consular representative.
If you have not held a residence permit in the 3 months preceding your
application, you will be required to meet both health and character
requirements.
Could
I Be Refused A Returning Resident's Visa?
You
could be refused a Returning Resident's Visa if you:
-
have
had your Residence Permit revoked; or
-
have
been deported from New Zealand; or
-
are
applying from outside new Zealand and have an expired Returning
Resident's Visa; or
-
left
New Zealand without a Returning Resident's Visa.
If
you are refused a further Returning Resident's Visa, you will have to
reapply for residence in New Zealand. Your application will be considered
under the residence policy current at the time that you make your
application.
Approval for a new Residence Visa or Permit cannot be guaranteed, as policy
may have changed since you were originally granted residence.
What
Should I Do If My Passport Containing A Current Returning Resident's Visa
Expires?
You
may apply for a transfer of your Returning Resident's Visa into your new
passport. The validity of your Returning Resident's Visa will be same as the
Returning Resident's Visa in your old passport.
A fee is payable for the transfer of your Returning Resident's Visa into a
new passport. Please refer to the leaflet Fees
Guide for the amount of the fee.
No application form is required for a transfer of a Returning Resident's
Visa.
Where
Can I Get More Information And Advice?
You
can get more information from:
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