Unlawful residence

To reside in New Zealand lawfully the client must either:

• be a New Zealand citizen
• be an Australian citizen
• hold a New Zealand passport
• hold an Australian passport
• hold a visa granted under the Immigration Act 2009
• be deemed to hold a visa in New Zealand under the Immigration Act 2009 (eg Australian citizens or residents)
• be a British national who arrived in New Zealand prior to 2 April 1974 or
• hold a permit granted under the Immigration Act 1987

If the client does not fulfil one of the above, the client is deemed to be in New Zealand unlawfully.

Any periods of unlawful residence are excluded when calculating the clients' period of residence.

The calculation of the two year period of continuous residence commences from when the client is granted New Zealand citizenship or permanent residence.

For more information see:

• Calculating the period of residence
• Deciding ordinarily resident
• Proof of residence