Information about PR of New Zealand and Citizenship in New Zealand on 04 Jan 2025

Summary

In this video, Arun Jeet Singh Barrister from New Zealand addresses key aspects of immigration policies, specifically focusing on permanent resident visa and citizenship applications. He explains the eligibility requirements for a permanent resident visa, emphasizing the two-year residence period and the implications of separation from a partner. He also discusses how criminal charges, investigations, or family court protection orders may affect applications. Additionally, he highlights the strict rules surrounding New Zealand citizenship applications, including the five-year residency requirement. Arun advises viewers to seek professional legal guidance to ensure their immigration applications are handled correctly.

Takeaways

• 😀 You must complete two full years of residency in New Zealand before applying for a permanent resident visa (PRV) through partnership, with a minimum of 184 days spent in the country per year.
• 😀 If you apply for a PRV before completing the two-year residency requirement, your application may be declined.
• 😀 If partners separate before completing the two-year residency period, they can still apply for PRV individually, but must provide evidence of separation, such as court orders or police complaints.
• 😀 Criminal convictions or pending criminal cases can prevent the approval of a PRV application until the legal matter is resolved.
• 😀 If someone has a criminal case or police investigation pending, their PRV application may be put on hold until the investigation or court matter is concluded.
• 😀 Individuals on temporary visas, such as visitor or student visas, can be deported if they commit a crime, even if they hold a valid visa.
• 😀 To apply for New Zealand citizenship, you must wait five full years after receiving your resident visa before applying.
• 😀 You cannot apply for New Zealand citizenship before completing the five-year period, even under special circumstances.
• 😀 If there is an active protection order (temporary or permanent) against you, your citizenship application will be declined.
• 😀 It is highly recommended to seek legal advice from a licensed immigration advisor or lawyer before making decisions about PRV or citizenship applications to ensure proper understanding and avoid complications.

Q & A

Can someone apply for a permanent resident visa in New Zealand before completing the required two-year period?

No, the applicant must complete the entire two-year period as required by New Zealand's immigration policy. The two-year period is calculated from the day the resident visa was granted, and the applicant must have spent at least 184 days per year in New Zealand.

What happens if two partners who were granted a resident visa under the partnership category separate before the two-year period ends?

If the partners separate, both individuals can apply for a permanent resident visa, provided they can offer evidence of their separation. Immigration New Zealand may require proof of the separation, whether mutual or legal, and supporting documents like a court order or police report.

Is it possible to get a permanent resident visa if there are criminal charges or an ongoing police investigation?

No, if there are pending criminal charges or an ongoing police investigation, Immigration New Zealand will not grant a permanent resident visa. The application will be put on hold until the investigation or legal matter is resolved.

What does Section 161 of the Immigration Act of New Zealand state about permanent resident visa applications?

Section 161 gives immigration officers the discretion to decline a permanent resident visa application if the applicant has a criminal conviction or pending charges, and the applicant may even face deportation if a criminal matter arises during their two-year resident visa period.

Can someone with a temporary visa, like a visitor or student visa, be deported if they face a criminal conviction?

Yes, under Section 157 of the Immigration Act, individuals with temporary visas, including visitor or student visas, can be deported if they fail to meet the good character requirement, even if they have a valid visa.

Should individuals consult an immigration lawyer before applying for a permanent resident visa?

Yes, it is highly recommended to consult a licensed immigration advisor or lawyer before applying for a permanent resident visa to ensure all the legal requirements are met and to avoid any complications.

Can someone apply for New Zealand citizenship before completing the required five-year residence period?

No, the applicant must complete the entire five-year residence period to apply for New Zealand citizenship. Applications submitted before completing the five years will be rejected.

Can an individual with a protection order against them from the Family Court be granted New Zealand citizenship?

No, if there is an active protection order against an applicant, whether temporary or permanent, they will not be approved for New Zealand citizenship. This includes any protection order granted by the Family Court.

What should someone do if they are unsure about legal matters related to immigration and visa applications?

Individuals should contact a licensed immigration advisor or lawyer to receive proper legal advice and ensure that their application is correctly handled, saving time and money in the process.

What are the consequences if a person applies for New Zealand citizenship before meeting the five-year residence requirement?

If a person applies for New Zealand citizenship before completing the five-year residence requirement, their application will likely be rejected, as the rules for citizenship are strictly enforced.