INZ 1176

Guide for Resident and

Former Resident Visa Holders
To enter New Zealand as a resident

To enter or re-enter New Zealand as a

resident, you must hold either a permanent
resident visa, or a resident visa with valid
travel conditions. This guide will provide
you with information about applying for
a permanent resident visa, a variation of
travel conditions, or a second or subsequent
resident visa.

What is the difference between a resident

visa and a permanent resident visa?
If your application to live in New Zealand is approved, you will
normally be granted a resident visa.
A resident visa:
allows you to travel to New Zealand multiple times, but only
within the validity of the travel conditions of the visa, and
allows you to stay in New Zealand indefinitely, if you are
granted entry permission.
Permanent resident visas are usually granted to resident
visa holders who have complied with the conditions of their
visa and shown a commitment to New Zealand. A permanent
resident visa:
allows you to travel to and enter New Zealand anytime, and
allows you to stay in New Zealand indefinitely.
For information about applying, see the Requirements for a
permanent resident visa section of this guide.

March 2014

For further information on immigration

visit www.immigration.govt.nz
 Contents
What is the difference between a resident visa
and a permanent resident visa? 1
Can my resident visa or permanent resident visa be
transferred to a new passport? 3
What if I am a New Zealand citizen? 3
What are travel conditions? 3
Do I need travel conditions? 4
Can my resident visa expire? 4
Do I currently hold a resident visa? 5
What should I do if my resident visa has expired? 5
How do I apply? 5
Requirements for a permanent resident visa 6
Requirements for a variation of travel conditions 8
What will happen if I apply under the wrong category? 12
Can my application be declined? 12
Principal and non-principal applicants 13
Can I include my family in my application? 13
What are section 49(1) conditions 14
Holders of residence permits and returning
residents visas 14
For more information 15

2 Guide for Resident and Former Resident Visa Holders - March 2014
A small number of people can be granted a permanent
resident visa without first having held a resident visa.
These are:
refugees and protected people
successful applicants under the Talent (Accredited
Employer) Residence from Work Category who meet a
certain income threshold, and
partners of New Zealand citizens, where the couple
has been together for more than five years and the
NewZealand citizen has been overseas for more than
fiveyears.

Can my resident visa or permanent

resident visa be transferred to a new
passport?
Yes. If you have a new passport and intend to travel
out of New Zealand, you should make sure your visa is
transferred, as you cannot use your resident visa or
permanent resident visa to enter New Zealand if it is in
an expired passport. To transfer it to a new passport, you
must complete the form Confirmation or Transfer of a
Residence Class Visa (INZ 1023) and provide:
the correct fee (see our Fees Guide (INZ 1028)), and
your old and new passports.

What if I am a New Zealand citizen?

Under the Immigration Act 2009, New Zealand citizens
cannot hold any type of visa, including a residence class
visa. If you are a dual citizen and you wish to use your
non-New Zealand passport to travel, you should obtain
an endorsement of your New Zealand citizenship in that
passport. This will allow you to re-enter New Zealand as
a citizen. To obtain an endorsement, you must complete
the form New Zealand Citizen Endorsement (INZ 1174) and
supply the evidence explained on the form.

What are travel conditions?

Travel conditions allow holders of resident visas to travel
to and enter New Zealand as a resident. There are two
types of travel conditions.
First entry travel conditions: If you are granted a resident
visa outside of New Zealand, your visa will indicate
the date by which you must enter New Zealand. This

Guide for Resident and Former Resident Visa Holders - March 2014 3
 date cannot be varied or extended. If you do not enter
NewZealand by this date, your resident visa will expire and
you will have to apply for a resident visa again.
Multiple entry travel conditions: Your resident visa will be
granted with multiple entry travel conditions for a certain
amount of time from your first day in New Zealand as a
resident. Your first day in New Zealand as a resident is
either:
the day you entered New Zealand using your first-entry
travel conditions (if your resident visa was granted
while you were outside New Zealand), or
the day you were granted your resident visa (if
your resident visa was granted while you were in
NewZealand).
The end of your multiple entry travel conditions is
indicated by the Expiry date travel on your resident visa.

Do I need travel conditions?

You need to have valid travel conditions on your
resident visa if you plan to leave and return to New
Zealand as a resident. You do not need to have valid
travel conditions on your resident visa if you are in New
Zealand and wish to remain in New Zealand. However,
even if you are not planning to travel, it is advisable to
make sure your travel conditions are valid, in case you
have to go overseas urgently.
If you have a permanent resident visa, you do not need
travel conditions as you have the indefinite right to travel
to and enter New Zealand (although you must make sure
your visa is in a valid passport).

Can my resident visa expire?

Yes, your resident visa will expire if you are outside
NewZealand and the travel conditions on your resident
visa are past their expiry date.
The date your resident visa expired is either:
the date you left New Zealand, if your travel conditions
had already expired when you left, or
the day after the date your travel conditions expired,
if you were outside New Zealand when your travel
conditions expired.

4 Guide for Resident and Former Resident Visa Holders - March 2014
Do I currently hold a resident visa?
To find out whether you currently hold a resident visa,
check the expiry date of your multiple entry travel
conditions. If you have been outside New Zealand at any
point after the expiry of your travel conditions, your
resident visa will have expired.
Note if you hold a returning residents visa granted
under the Immigration Act 1987, the expiry of your travel
conditions is deemed to be the same as the expiry of your
returning residents visa.

What should I do if my resident visa has

expired?
If you intend to return to New Zealand as a resident, you
will need to make an application for either a permanent
resident visa or a second or subsequent resident visa to
regain your resident status.
You may still qualify for a permanent resident visa if your
resident visa expired less than three months ago (see
the Requirements to be granted a permanent resident
visa section of this guide). Otherwise you may be able
qualify for a second or subsequent resident visa (see the
Requirements to be granted a second or subsequent
resident visa section).

How do I apply?
You must apply on the form Application from a Resident
or Former Resident Visa Holder (INZ 1175), supply
your passport, two passport-size photos and the
correct fee. See the Fees Guide (INZ 1028) or visit
www.immigration.govt.nz/fees for the correct fee.
In addition, you must provide any evidence to show
you meet the requirements for your application to
be approved. The requirements are explained in the
following sections.

Guide for Resident and Former Resident Visa Holders - March 2014 5
 Requirements for a permanent resident
visa*
You must:
hold a resident visa, or have held one in the last
threemonths
hold, or have held, that resident visa for at least two
years continuously, and it has been at least two years
since your first day as a resident in New Zealand
have met any conditions that your resident visa was
subject to under section 49(1) of the Immigration Act
meet character requirements for residence
have met one of the five commitments to New Zealand
criteria set out below.

1. You have spent enough time in New Zealand

You have been in New Zealand as a resident for a total of
184 days or more in each of the two 12-month portions
of the 24 months immediately preceding your permanent
resident visa application. You do not have to provide any
extra evidence, other than your passport(s).

2. You have tax residence status

You have been in New Zealand as a resident for a total of 41
days or more in each of the two 12-month portions of the
24 months immediately preceding your permanent resident
visa application, and you are assessed by Inland Revenue
(IR) as holding tax residence status for the two years
preceding your application for a permanent resident visa.
You must include evidence of your tax residence status
with your application. Acceptable evidence includes:
a statement from IR for the period for which you have
been assessed as having tax residence status, or
the INZ form Confirmation of Tax Resident
Status(INZ1006) completed and endorsed by IR.
Note: If, under the provisions of a double tax agreement
(DTA), you also have tax residence status in another
country, you will not be considered to have tax residence
status in New Zealand for the purpose of meeting the
requirements for a permanent resident visa.

* Please note, if you have held a resident visa for less than
24months, you will not be granted a permanent resident visa and
may be granted a 12-month variation of travel conditions instead.

6 Guide for Resident and Former Resident Visa Holders - March 2014
A list of countries New Zealand has double tax
agreements with can be found at www.ird.govt.nz.

3. Investment in New Zealand

You have been approved residence under the Investor
Category and met any conditions imposed under
section49(1) of the Immigration Act 2009, or you obtained
residence under another category and maintained an
investment of NZ$1,000,000 or more in New Zealand for
twoyears. The funds must be lawfully obtained and owned
solely by you, or jointly with your partner or dependent
children included in the residence application. The funds
must originally have been transferred to New Zealand
through the trading bank system, or have been earned
or acquired in New Zealand. They must be invested in
New Zealand currency in a venture capable of providing a
commercial return. This does not include a home, car, boat
or similar items. The funds may not be used as collateral
for any loan during the two-year investment period,
unless the money loaned remains within NewZealand and
in NewZealand dollars only. The funds may be transferred
from one investment to another provided each
investment meets these rules.

4. Business in New Zealand

You have obtained residence under any category and
have successfully established or purchased a business
in NewZealand at least 12 months ago that is trading
successfully and benefiting New Zealand in some way.
You must either:
have established or purchased the business operating
in New Zealand, or
own a minimum 25 per cent shareholding in an existing
business in New Zealand.
With your application you will have to provide a set
of your latest business accounts certified by a
NewZealand chartered accountant and a statement
from them confirming that in their view your business
is a going concern.

5. Established base in New Zealand

You have been in New Zealand as a resident for a total
of at least 41 days in the 12-month period immediately
before lodging your permanent resident visa application,
and all members of your immediate family who were
included in your residence application have resided

Guide for Resident and Former Resident Visa Holders - March 2014 7
 in NewZealand for a total of at least 184 days in the
two-year period immediately before lodging your
permanent resident visa application. Also, either:
you own and maintain a family home in New Zealand*, or
you have been genuinely employed full-time in
NewZealand, in paid employment, for a total of at least
nine months in the two-year period immediately before
lodging your permanent resident visa application.
Employment involving payment by commission and/or
retainer is not acceptable.
With your application you will have to provide evidence
of owning and maintaining a home or evidence of
employment.
Evidence of owning and maintaining a home may include:
your residential property title deed
mortgage documents
rate demands
home insurance papers, and
accounts for the telephone, electricity, gas or water.
Evidence of employment may include written confirmation
of your full-time employment from your employer(s).
If you are self-employed, you should provide evidence you
have established, purchased or hold shares in a business
in New Zealand, and are actively involved in managing or
operating that business.

Requirements for a variation of travel

conditions
12-month variation of travel conditions
You qualify for 12 months of travel conditions if you entered
New Zealand as a resident at least one year before the date
your current application for a variation of travel conditions
is made, and either of the following situations applies to you.
1. You have spent enough time in New Zealand
To meet this requirement, you must have been in
NewZealand as a resident for a total of 184 days or

* You are considered to own and maintain a family home in

NewZealand if you own a residential property that you
bought within 12 months of your first day in New Zealand as
a resident and you, or members of your immediate family who
were included in your residence application, live there.

8 Guide for Resident and Former Resident Visa Holders - March 2014
more in at least one of the two 12-month portions of the
24months immediately before lodging your variation of
travel conditions application.
2. You have tax residence status
To meet this requirement:
you must have been in New Zealand as a resident
for a total of 41 days or more in at least one of the
two12-month portions of the 24 months immediately
before lodging your application for a variation of travel
conditions, and
you must have been assessed by Inland Revenue (IR)
as holding tax residence status for 12 months in the
twoyears immediately before lodging your variation of
travel conditions application.
With your application you must provide evidence of your
status, such as:
a statement from IR for the period for which you have
been assessed as having tax residence status, or
the INZ form Confirmation of Tax Resident Status
(INZ1006) completed and endorsed by IR. The note
about double tax agreements in the Requirements for a
permanent resident visa section also applies here.

14-day variation of travel conditions

You will qualify for a 14-day variation of travel conditions if
you are a resident visa holder in New Zealand and you do not
meet the requirements for either a permanent resident
visa, or a variation of travel conditions for a longer time, or
you are a person who would otherwise be prohibited from
entry (for instance, because you would be subject to travel
sanctions). If you think this might apply to you, you should
contact your nearest INZ office to discuss your situation.

Variation of travel conditions special categories

Partners of New Zealand citizens
If you are the partner of a New Zealand citizen and do not
meet the requirements for a permanent resident visa, you
may be granted a two-year variation of travel conditions.
You must show that either:
you were granted a resident visa under Partnership
Category on the basis of your relationship with your
NewZealand citizen partner and the relationship is
ongoing, or

Guide for Resident and Former Resident Visa Holders - March 2014 9
 you were granted a resident visa under a different
residence category, and you can provide evidence that you
have been living with your New Zealand citizen partner in a
genuine and stable relationship for at least 12 months.
New Zealand residents seconded overseas
If you are seconded overseas as part of your NewZealand
employment and do not meet the requirements for a
permanent resident visa, you may be granted a further
twoyears of travel conditions, up to a maximum of
eightyears. Your application must be supported by your
NewZealand employer confirming that you are required
overseas.

Requirements for a second or subsequent

resident visa
Your eligibility for a second or subsequent resident visa
depends on what you were eligible for on the day your
resident visa expired. The date your resident visa expired
is either:
the date you left New Zealand, if your travel conditions
had expired, or
the date your travel conditions expire, if you are out of
New Zealand on that day.
You must also meet character requirements for
residence.
Previously eligible for a variation of travel conditions
If you were eligible for a variation of travel conditions
on the day your resident visa expired, you can be
granted a second or subsequent resident visa provided
the travel conditions you would have been granted
would still be valid. The second or subsequent resident
visa will be granted with travel conditions valid until the
same expiry date as the travel conditions you would
have got on your previous resident visa, if you had
applied on the day it expired.
For example, on the day your resident visa expired, you
were eligible for a 12-month variation to your travel
conditions. You apply for a second or subsequent resident
visa four months later. You are eligible for a second or
subsequent resident visa with travel conditions valid for
another eight months (taking you up to 12 months from
the date the visa expired).

10 Guide for Resident and Former Resident Visa Holders - March 2014
You will need to provide any evidence required to show
that you were previously eligible for a variation of travel
conditions. See the Variation of travel conditions
requirements section of this guide for more information.
Previously eligible for a permanent resident visa
You may still be eligible for a permanent resident visa if
your resident visa has expired, provided you apply within
three months of the expiry of your resident visa. See the
Requirements for a permanent resident visa section.
If more than three months have passed since the expiry of
your resident visa, but you were eligible for a permanent
resident visa on the date your resident visa expired, you
may be eligible for a second or subsequent resident visa. In
this situation, you can be granted a second or subsequent
resident visa if you apply within two years of the expiry of
your resident visa. The second or subsequent resident visa
will be granted with travel conditions valid for two years
from the expiry of the resident visa.
For example, on the day your resident visa expired, you
were eligible for a permanent resident visa. You apply for a
second or subsequent resident visa six months later. You
are eligible for a second or subsequent resident visa with
travel conditions valid for another 18 months (taking you
up to 12 months from the date the visa expired).
You will need to provide any evidence required to show
that you were previously eligible for a permanent
resident visa.

Second or subsequent resident visa special

categories
Partners of New Zealand citizens
If your resident visa has expired and you are the partner
of a New Zealand citizen, you may be granted a second or
subsequent resident visa with travel conditions valid for
two years. You must show that either:
you were granted a resident visa under Partnership
Category on the basis of your relationship with your
NewZealand citizen partner and the relationship is
ongoing, or
you were granted a resident visa under a different
residence category, and you can provide evidence that
you have been living with your New Zealand citizen
partner in a genuine and stable relationship for at least
12 months.

Guide for Resident and Former Resident Visa Holders - March 2014 11
 New Zealand residents seconded overseas
If your resident visa has expired and you are seconded
overseas as part of your New Zealand employment, you
may be granted a further two years of travel conditions,
up to a maximum of eight years. Your application must be
supported by your New Zealand employer confirming that:
you are currently required overseas, and
you were required overseas when your resident visa
expired.

What will happen if I apply under the wrong

category?
There is a question at the end of each section of the form
asking whether you give permission for us to assess you
against the other categories.
If you give permission in this question, we will grant you
the most favourable type of visa or travel conditions that
you are eligible for, based on the information and evidence
we have. If you do not give this permission, you will only
be assessed against the category you applied under.
We will always provide you with a chance to comment on
potentially prejudicial information that could lead to your
application being declined.

Can my application be declined?

You cannot be approved a permanent resident visa,
variation of travel conditions, or second or subsequent
resident visa if you do not meet the requirements set out
in this guide.
In addition, your application for a permanent resident visa
or a second or subsequent resident visa will be declined
if you do not meet the character requirements to be
granted a residence class visa. People normally ineligible
for a residence class visa include those who have made
any statement or provided any information, evidence
or submission that was false, misleading or forged, or
withheld material information from Immigration New
Zealand.
The application form will require you to complete a
character declaration stating whether you have any
convictions or other character issues of concern.
Although police certificates will not normally be required
from applicants, Immigration New Zealand can apply for
New Zealand police certificates on your behalf. In addition,
an immigration officer has the right to ask you to provide

12 Guide for Resident and Former Resident Visa Holders - March 2014
updated police certificates from your countries of
citizenship or countries you have lived in for a year or
more in the last 10 years, as evidence you meet these
requirements.
If we decline your application for a permanent resident
visa, you may still be eligible for further travel conditions
on your resident visa.

Principal and non-principal applicants

The principal applicant is the main applicant from your
original residence application. Non-principal applicants
are the family members included in that application, ie the
partner and dependent children of the principal applicant.
The principal applicant must have been granted a
permanent resident visa or a variation of travel
conditions before a non-principal applicant can be
granted one. A non-principal applicant can be granted
a second or subsequent resident visa, regardless of
whether the principal applicant has been granted one, as
long as the principal applicant qualifies for a second or
subsequent resident visa at the time the non-principal
applicant makes the application.
There are some exceptions to the general rule that a
non-principal applicants eligibility relies on the principal
applicant. In these cases, non-principal applicants can be
assessed in their own right. These exceptions are:
the principal applicant has died
the principal applicant and the non-principal applicant
partner have separated or divorced
the principal applicant has become a New Zealand citizen
the original residence application was approved before
30 October 1995.
If you are a non-principal applicant and any of these
situations apply to you, please provide evidence of this
when you make your application.

Can I include my family in my application?

If you are the principal applicant you can include your
partner and children aged 24 and under in your application
if they were also included on your original resident visa
application. If you do include them in your application, they
do not need to complete separate applications forms or
pay separate fees.

Guide for Resident and Former Resident Visa Holders - March 2014 13
 Any children who were included in your original resident
visa application, and who are now aged 25 years and
over, will need to submit a separate application and pay
a separate fee. Please note their eligibility will still be
dependent on you as the principal applicant in the original
resident visa application.

What are section 49(1) conditions

If your resident visa label or your resident visa approval
letter indicates your visa is subject to conditions under
section 49(1) of the Immigration Act 2009, it means that
there are certain conditions that you must meet before
you can be granted a permanent resident visa. Once you
have provided us with the evidence that you have met the
conditions, they can be removed from your visa.
Your resident visa approval letter will contain details of
any conditions you must meet and the process for having
these conditions removed once you have met them.

Holders of residence permits and returning

residents visas
Holders of residence permits and returning residents
visas (RRVs) granted under the Immigration Act 1987 are
deemed to hold resident visas or permanent resident
visas under the Immigration Act 2009. If this applies to
you, you do not need to do anything to update your status.

If your passport contains an indefinite returning

residents visa (RRV)
Your indefinite RRV is deemed to be a permanent resident
visa. When it is time to transfer your residence status
into a new passport, the new label will be for a permanent
resident visa.

If your passport contains a returning residents visa

(RRV) with an expiry date
You are deemed to have a resident visa with travel
conditions that expire on the date specified on your RRV.
You will need to apply for a variation of travel conditions
or a permanent resident visa rather than a new RRV if you
want to travel outside New Zealand beyond this date.

14 Guide for Resident and Former Resident Visa Holders - March 2014
If your passport contains a residence permit and no
valid returning residents visa (RRV)
You are deemed to hold a resident visa with no travel
conditions. If you wish to travel, you will need to apply for
a variation of travel conditions or a permanent resident
visa rather than a new RRV.

If you are outside New Zealand and you hold a

returning residents visa (RRV) past its expiry date
In this situation, your residence status has expired. You
may apply for a second or subsequent resident visa if you
wish to return to New Zealand as a resident.

For more information

If you have questions about any of the information in this
guide:
see our website www.immigration.govt.nz
phone our call centre on 0508 558 855 (within
NewZealand)
contact one of INZs offices.
We have offices in Apia, Bangkok, Beijing, Dubai,
Ho Chi Minh City, Hong Kong, Jakarta, London, Manila,
Moscow, Mumbai, New Delhi, Nukualofa, Pretoria,
Shanghai, Singapore and Suva. You can also contact
your nearest NewZealand Embassy or NewZealand High
Commission.
Our New Zealand offices are located in Auckland,
Henderson, Manukau, Hamilton, Palmerston North,
Wellington, Christchurch, Queenstown and Dunedin.

Guide for Resident and Former Resident Visa Holders - March 2014 15
16 Guide for Resident and Former Resident Visa Holders - March 2014