# PR entry requirements



## TML (Feb 4, 2010)

Does anyone know offhand how long you can remain outside NZ once you've been granted PR (family stream) & have made your initial entry into NZ? (Gosh I hope that makes sense) hubby has the chance to earn a considerable amount of $ if we remain in the USA for another 2 years- yet our oldest wishes to start her schooling in NZ in 6 months... 
Any help is highly appreciated.  
Thanks!


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## escapedtonz (Apr 6, 2012)

TML said:


> Does anyone know offhand how long you can remain outside NZ once you've been granted PR (family stream) & have made your initial entry into NZ? (Gosh I hope that makes sense) hubby has the chance to earn a considerable amount of $ if we remain in the USA for another 2 years- yet our oldest wishes to start her schooling in NZ in 6 months...
> Any help is highly appreciated.
> Thanks!


Once you have secured Residency (Not PR - see below) and have activated the visa by crossing the border you can come and go as you please on that visa for a period of 2 years, but after this time the travel condition expires and you would not be allowed back into the country, if you were outside of it and tried to get back in.

In order to remove the travel condition you must either apply for a "variation of travel conditions" to extend this period or apply for a "Permanent Residency Visa - PR.
The "variation of travel conditions" is an easy process but you have to justify Immigration extending it.
This PR visa can only be secured once you have held a Residency Visa for a minimum of 2 years and have also satisfied one of five other requirements.
One of these being you have spent more than 184 days in NZ in each of the previous 2 years before application, or
Another is that you own a home, or property in NZ etc etc.
All the info is contained in the Immigration NZ website.

In my opinion you can activate the Residency visa in NZ then return to the US, but you must get back before the 2nd anniversary of entry into NZ.
This means the travel condition lets you back in.

You would then need to remain in NZ for a while before leaving again as the travel condition would have expired so you wouldn't get back in unless you are successful in being granted a "variation of travel conditions".
Be aware though the "variation of travel conditions" is only a temporary measure so won't last long - maybe 3 months ?
I'd say after nearly 2 years back in the US you would need to remain in NZ for 2 years then get PRV then you can come and go as you please forever.

Hope that makes sense.


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## TML (Feb 4, 2010)

I'm glad it's 2 years- helps in my situation as my husband is still awaiting his USA nationalization. Hopefully we gain both and can bounce back from country to country. *fingers crossed* 

Many thanks! & helpful as always.


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## Liam(at)Large (Sep 2, 2012)

escapedtonz is wrong. Via Family Stream (if you have been together over 5 years) you can be granted PR straight away (as I was) and then all you need to do is activate with 12 months of receiving your blue sticker and can then leave and remain outside NZ for however long you like, and come and go as you please.


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## topcat83 (Apr 16, 2009)

Liam(at)Large said:


> escapedtonz is wrong. Via Family Stream (if you have been together over 5 years) you can be granted PR straight away (as I was) and then all you need to do is activate with 12 months of receiving your blue sticker and can then leave and remain outside NZ for however long you like, and come and go as you please.


Not sure escapedtonz is wrong! It is extremely difficult for _anyone_ to be given permanent residence immediately. 
Most people will arrive under 'skilled migrant' or 'Work to Residence' - neither is 'permanent resident', but will eventually lead to it if certain criteria are met. For most, this will involve being in the country for a certain number of days in the 2 year period. 
See Requirements for a permanent resident visa

A partner may apply for a work visa under the 'family stream' - but I don't think this applies to Silver Fern partners. 
See Family Stream

However this proves (yet again!) that all information given on this forum is 'best effort' and should be checked out with Immigration NZ or an authorised immigration agent.


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## Liam(at)Large (Sep 2, 2012)

topcat83 said:


> Not sure escapedtonz is wrong! It is extremely difficult for _anyone_ to be given permanent residence immediately.
> Most people will arrive under 'skilled migrant' or 'Work to Residence' - neither is 'permanent resident', but will eventually lead to it if certain criteria are met. For most, this will involve being in the country for a certain number of days in the 2 year period.
> See Requirements for a permanent resident visa
> 
> ...


It is not extremely difficult at all. My application took 11 days start to finish. If you apply for Residence under Family Stream and have been together more that 5 years and can demonstrate that your residence application is changed to PR and approved. Neither extreme or difficult.

The OP already mentioned in their opening post they were getting PR through Family Stream, so, none of this stuff about silver fern partners, or skilled migrant is applicable, why muddy the waters.

escapedtonz is 100% wrong (in this case).


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## escapedtonz (Apr 6, 2012)

Liam(at)Large is right........I'm 100% wrong! (In this case).

If a person has been married to or has been the partner of an NZ citizen for more than 5 years, Immigration can elect to award the spouse / partner a Permanent Resident Visa on application even though that person may never have even set foot in NZ.

I assume the OP meets this criteria as in her first forum post back in 2010 she states she has been married to a kiwi for a few years and is looking to come to nz for a better life with the kids.
By now they'll have been married 6 and a half years or thereabouts.

Wasn't aware of this possibility.

Should have known really as my good mate has recently emigrated to NZ with his kiwi wife. They have been married over 5 years, been together about 7 years and he has so many health problems we didn't think he would have a hope in hell of getting past Immigration but as Liam(at)Large says his visa took a matter of days. No questions asked.......now I know why!

It's all good. Can't be right all the time ;-)


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## TML (Feb 4, 2010)

Sorry- I wasn't able to reply to your message as still in newbie status (I'm assuming) 

Hubby and I have been married longer than 5 years, have 3 children (all have NZ citizenship by descent) 
We have nothing together in NZ. 
We have loads of relationship evidence here in America. 

Just glancing at the page for PR requirements (sorry I always confuse residency with permanent residency- probably because hubby holds a PR card in the states) 
It looks as though we need to have spent sometime in NZ which is not the case... So a bit bummed about that. 
Wishing we consulted a lawyer now!


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## TML (Feb 4, 2010)

I will call and see if we can be bumped to PR status- never hurts to ask! 

I appreciate everyone's help in this matter.Your all helpful and its great your willing to give experience and knowledge to strangers.


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## Liam(at)Large (Sep 2, 2012)

TML said:


> Sorry- I wasn't able to reply to your message as still in newbie status (I'm assuming)
> 
> Hubby and I have been married longer than 5 years, have 3 children (all have NZ citizenship by descent)
> We have nothing together in NZ.
> ...


You do not need to spend anytime in NZ to qualify for PR via Family Stream. I had only made occasional visits and was able to get PR being married to a kiwi almost a decade. Submit for residence and if you provide proof of your relationship extending beyond 5 years you should automatically be switched to PR.

As for the kids, make sure they get citizenship travel authorities added to their passports, just taking their citizenship is a complete pain. For a smooth transition with immigration on arrival, it's best if they have it done (my son is also CbD).


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## TML (Feb 4, 2010)

Liam(at)Large said:


> You do not need to spend anytime in NZ to qualify for PR via Family Stream. I had only made occasional visits and was able to get PR being married to a kiwi almost a decade. Submit for residence and if you provide proof of your relationship extending beyond 5 years you should automatically be switched to PR.
> 
> As for the kids, make sure they get citizenship travel authorities added to their passports, just taking their citizenship is a complete pain. For a smooth transition with immigration on arrival, it's best if they have it done (my son is also CbD).


I hope that is the case. It's really our oldest that wishes to move to NZ at this time.  we shall follow in a few years. Hubby is earning a great income and only wants to move back if he can work for Refining NZ... And they NEVER seem to hire. Lol so were stocking up $$$ in the meantime. 

I'm not following you in regards to the travel authority. The kids have both a USA and NZ passport.... But then again, we've never traveled internationally with the kids. (Oldest has gone solo) 
But I will do a google search and hopefully understand what your meaning. 
Thanks for the heads up!


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## Liam(at)Large (Sep 2, 2012)

TML said:


> I'm not following you in regards to the travel authority. The kids have both a USA and NZ passport.... But then again, we've never traveled internationally with the kids. (Oldest has gone solo)
> But I will do a google search and hopefully understand what your meaning.
> Thanks for the heads up!


If your eldest has NZ passport, then it's not an issue. It's only a concern for children with citizenship travelling on a non-NZ passport.


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