Refugees and protected persons
A refugee or a protected person who first became resident and present in New Zealand before the age of 45 will need to meet the standard residence and presence requirement for their date of birth.
Refugees or protected persons who first became resident and present in New Zealand from the age of 45 may have a different residence requirement to other New Zealanders.
This will depend on their date of birth and the age they first became resident and present in New Zealand.
Refugees and protected persons may be able to use periods of residence and presence and/or contributions to a social security scheme in a Reciprocal Agreement country to meet the residence and presence requirement.
Resident and present in New Zealand from the ages of 45 to 54
For a refugee or protected person who first became resident and present in New Zealand from the age of 45 to 54 years (inclusive), the total time they will need to meet the residential requirement is determined by the relevant date that applies to them.
The relevant date means:
- the date the client first became both resident and present in New Zealand, regardless of when they became a recognised refugee or protected person
Dual calculations need to be completed to determine the residency requirement that applies. These are:
- the difference in days from the relevant date to the date the client turns 65 (both dates inclusive) and
- the number of years a client needs to meet the standard residence and presence requirement in New Zealand based on their date of birth
The lesser of these 2 calculations will be the total time needed by this client to meet the residence and presence requirement.
Example 1
Nathan, aged 48 years and 5 months, arrives in New Zealand on 1 March 2016 as a quota refugee. His date of birth is 1 October 1967 and he became a recognised refugee on 1 March 2016.
The difference in days from the relevant date to the date Nathan turns 65 | The required years Nathan needs to meet the residence and presence in New Zealand based on the date of birth |
1 March 2016 to 1 October 2032 = 6,059 days (Divide by 365 = 16.59 years) | For a person born between 1 July 1967 and 30 June 1969 = 15 years |
MSD applies the lower time requirement meaning Nathan needs 15 years to meet the residence and presence in New Zealand required based on his date of birth.
Example 2
Kira, aged 48 years and 2 months, arrives in New Zealand on 1 June 2025, seeking asylum on arrival.
Her date of birth is 1 April 1977 and she became a recognised protected person on 1 June 2026.
The difference in days from the relevant date to the date Kira turns 65 | The required years Kira needs to meet the residence and presence in New Zealand based on the date of birth |
1 June 2025 to 1 April 2042 = 6,149 days (Divide by 365 = 16.84 years) | For a person born between 1 July 1975 and 30 June 1977 = 19 years |
MSD applies the lower time requirement meaning Kira requires 16.84 years to meet the residence and presence in New Zealand required, based on the difference in days from the relevant date to the date before she turns 65.
Resident and present in New Zealand from the age of 55
A refugee or protected person who first became resident and present in New Zealand from 55 years old or over (inclusive) must:
- have been resident and present in New Zealand for 10 years from the age of 20
and
- have been resident and present in New Zealand, the Cook Islands, Niue, Tokelau or a combination of these, for at least 5 years from the age of 50
and
- be a New Zealand citizen or have a residence class visa under the Immigration Act 2009 or
- be deemed to hold a residence class visa in New Zealand under the Immigration Act 2009
and
- be ordinarily resident in New Zealand on the date of application (except when the client is applying from the Cook Islands, Niue or Tokelau under Special Portability)
If a refugee or a protected person does not meet the residency qualifications for New Zealand Superannuation or has not been granted New Zealand residence, they may be able to get a main benefit.
If a refugee or a protected person is not able to get another main benefit, an Emergency Benefit may be considered on the grounds of hardship.
For more information see:
- Emergency Benefit Clients granted refugee or protected person status
- Core policy Refugee or protected person status
- Core policy Ordinarily resident in New Zealand
Legislation
- Residential qualification for New Zealand superannuation section 8 New Zealand Superannuation and Retirement Income Act 2001
- Special total time requirement for refugees or protected persons 45 years of age or older on relevant date section 8A New Zealand Superannuation and Retirement Income Act 2001
