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Requirements of Resident Visa 2021 after application

Peter Byrne made this Official Information request to Ministry of Business, Innovation & Employment

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From: Peter Byrne

Dear Ministry of Business, Innovation & Employment,

I write to request information regarding the one off residency visa 2021.

It has been previously stated that there is no requirement to remain on an eligible visa after an application has been made. Could you please clarify if there are any requirements relating to change of status/employment to remain eligible throughout the processing of the visa (e.g. requirements to number of hours worked/ median pay rates being maintained etc).

Current advice states that someone must be eligible on the 29/9/2021 and also the day they apply but no other information about a requirement to remain eligible throughout processing is provided.

Could you also clarify if an applicant is able to travel overseas and for how long they can be overseas without causing problems for the processing of their visa.

This will be important information that many migrants are trying to get a definitive answer for but no information currently exists on any factsheets regarding this visa.

Many thanks.

Yours faithfully,

Peter

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From: Peter Byrne

Dear Ministry of Business, Innovation & Employment,

Please respond to my message.

Yours faithfully,

Peter Byrne

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Ministry of Business, Innovation & Employment

Good afternoon Peter,

 

Thank you for contacting us, my colleague has passed me your email to
provide you with an answer to your query.

 

The previously stated advice is correct.  If an applicant has applied for
the 2021 Resident Visa, the policy states that they must only be eligible
on 29 September 2021 and on the date of submission of the application. 
When considering the requirements under [1]S6.10a(iv) of the Immigration
Instructions, it states that the applicant must be within New Zealand and
eligible under one of the three criteria on 29 September 2021 and the date
the application has been made.  As such, if an applicant needs to change
their visa circumstances, even to something such as a visitor visa, they
will remain eligible under this policy.

 

As well, there are no ramifications for when an applicant spends time
overseas while this visa is being processed.  The processing of these
applications will continue even if the applicant no longer resides in New
Zealand.  At the end of 2021, the Immigration Instructions covering Border
Entry, under section [2]Y3.30a(xii) allows for entry to New Zealand for
Resident Visa holders where they are considered to be arriving in NZ for
the first time on a resident visa.  As such, if granted, the applicant
would be able to travel back to New Zealand on the 2021 Resident visa.

 

 

Kind regards,               

 

Marco B.

CLIENT SERVICES ADVISOR

Immigration Contact Centre | Te Whakatairanga - Service Delivery

Ministry of Business, Innovation & Employment (MBIE)

+64 (9) 914 4100 | PO Box 1473, Wellington 6140, New Zealand

 

On 6/05/2022 11:07 am, Ministerial Services
"[email address]" wrote:

Kia ora team,

 

Please see follow up below from requester that came through the FYI
website.

 

Original request was -

 

Dear Ministry of Business, Innovation & Employment,

I write to request information regarding the one off residency visa 2021.

It has been previously stated that there is no requirement to remain on an
eligible visa after an application has been made. Could you please clarify
if there are any requirements relating to change of status/employment to
remain eligible throughout the processing of the visa (e.g. requirements
to number of hours worked/ median pay rates being maintained etc).

Current advice states that someone must be eligible on the 29/9/2021 and
also the day they apply but no other information about a requirement to
remain eligible throughout processing is provided.

Could you also clarify if an applicant is able to travel overseas and for
how long they can be overseas without causing problems for the processing
of their visa.

This will be important information that many migrants are trying to get a
definitive answer for but no information currently exists on any
factsheets regarding this visa.

Many thanks.

Yours faithfully,

Peter

 

Thanks,
Will

 

-----Original Message-----
From: Peter Byrne <[FOI #19019 email]>
Sent: Thursday, 5 May 2022 5:04 PM
To: *OIA <[email address]>
Subject: Re: Official Information request - Requirements of Resident Visa
2021 after application

 

Dear Ministry of Business, Innovation & Employment,

 

Please respond to my message.

 

Yours faithfully,

 

Peter Byrne

 

 

 

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