immigration act 2009: residence

Who is this factsheet for? This factsheet is for applicants and advisers who want to know about the new residence framework under the Immigration Act 2009. This factsheet is also for people who hold a New Zealand residence visa, residence permit or a returning residents visa (RRV) and want to know what their status is under the new Immigration Act. People wanting to know more about sponsorship changes resulting from the new Act should refer to the Sponsorship factsheet. What are the changes? new residence framework The Immigration Act 2009 replaces the system of residence permits, residence visas and returning residents visas (RRVs) with residence class visas. Residence class visas consist of: Resident visas which may be subject to conditions. Permanent resident visas which have no conditions. travelling out of new Zealand on a resident visa A resident visa holder who wishes to leave New Zealand and return after the expiry date of their travel conditions should obtain one of the following before leaving New Zealand: A variation of travel conditions this extends the expiry date of the travel conditions, or If eligible, a permanent resident visa this allows you to re-enter New Zealand any time.

If a resident visa holder is outside New Zealand after their travel conditions have expired, they need to apply for a second or subsequent resident visa if they wish to return to New Zealand as a resident. This is a new type of application that allows their residence status to be reinstated. Permanent resident visas A permanent resident visa allows the holder to reenter New Zealand as a permanent resident anytime. A permanent resident visa cannot be subject to any conditions. To obtain a permanent resident visa, a resident visa holder must have: been a resident in New Zealand for at least two years, met all the conditions of their resident visa, and met the commitment to New Zealand requirements (these requirements are similar to the requirements for an indefinite RRV).

existing residence categories are not changing Although there are new types of residence visas, the criteria to gain New Zealand residence does not change. All existing residence categories (such as the Skilled Migrant Category, the Family Categories and the Residence From Work Categories) remain the same. Current residents and residence applicants may not notice any change at all other than terminology changes. resident visas and conditions In most cases, applicants who are approved residence are granted a resident visa with travel conditions that allow the holder to: Travel to New Zealand (if they are overseas when their visa is granted). Stay in New Zealand indefinitely. Re-enter New Zealand before the expiry date of the travel conditions.

Most people who are eligible are initially granted a resident visa then progress to a permanent resident visa by making another application after they meet the commitment to New Zealand criteria. However, new policy settings enable a small number of residence applicants to progress directly to a permanent resident visa. These are: foreign national partners of New Zealand citizens (and the partners dependent children) where: the New Zealand citizen has been living overseas for at least five years, or has been in New Zealand for three months or less after living overseas for at least five years, and the partnership has been ongoing for at least five years.

DOL 11549.4 DEC 10

A resident visa holder may also be subject to other conditions depending on the residence category they applied under, for example, people approved under the Investor Category are required to invest a certain amount of money in New Zealand and maintain this money invested for a certain amount of time. This is referred to as a condition on the visa.

people who were granted a temporary work visa under the Talent (Accredited Employers) Work category who have a job with a salary of at least NZ$90,000 gross per annum at the time they apply for residence under the corresponding Residence from Work category, and refugees and protected people.

Deeming means that holders of residence visas, permits or RRVs do not have to do anything to obtain their new status. Please note though that if you have any conditions on your current visa, permit or RRV, those conditions continue under the new system. further information More information about applications for the new variation of travel conditions, permanent resident visas and second or subsequent visas can be found in the Guide for Resident Visa Holders (INZ 1176), which are available at www. immigration.govt.nz/forms.

Only people who apply for residence on or after 29 November 2010 are considered for the grant of a permanent resident visa as a result of their first residence application. What haPPens to current holders of residence visas, residence Permits and returning residents visas? Everyone holding a residence visa or permit or RRV is deemed to hold the equivalent status under the Immigration Act 2009 as shown in the table below.

residence status prior to commencement of the new immigration act Residence visa + RRV valid for two years on arrival

new residence status on and after 29 november 2010 under the new immigration act Resident visa allowing travel to New Zealand + once granted initial entry permission, allowing stay with travel conditions for two years from entry Resident visa allowing stay in New Zealand + no travel conditions Resident visa + travel conditions expiring on the same date as RRV Resident visa + travel conditions expiring on the same date as RRV Resident visa allowing stay in New Zealand subject to equivalent conditions under section 49(1) of the Immigration Act 2009 + no travel conditions Resident visa subject to equivalent conditions under section 49(1) of the Immigration Act 2009 + travel conditions expiring on the same date as RRV Permanent resident visa

Residence permit + no valid RRV Residence permit + RRV with an expiry date RRV with an expiry date + no residence permit Residence permit subject to requirements under section 18A of the Immigration Act 1987 + no RRV Residence permit subject to requirements under section 18A of the Immigration Act 1987 + RRV with an expiry date Indefinite RRV (with or without residence permit)

December 2010 disclaimer Every care has been taken to ensure the information in this factsheet is accurate. While the use of the information in this factsheet may assist you in your application, applications will be assessed by Immigration New Zealand according to the requirements of the Immigration Act 2009.