Intention to remain permanently

When a client has only recently arrived in New Zealand, they may be considered resident in New Zealand if they are able to provide evidence, showing they intend to make their home in New Zealand for the foreseeable future.

An application for a residence class visa is one way a client can show their intention to make New Zealand their home.

However, a client may be able to demonstrate an intention to make their home in New Zealand at an earlier date, such as the date that the client:

• arrived lawfully in New Zealand or
• any date between the date of arrival lawfully in New Zealand and the date a residence class visa is granted

To determine whether the client intended to make their home in New Zealand at an earlier date, the following could be considered:

• if the client had a return ticket to their country of origin when they arrived in New Zealand
• if the client intended for their time in New Zealand to be temporary, i.e. they intended to return overseas
• the reason the client decided to come to New Zealand (e.g. family ties)
• what steps did the client take towards making their home in New Zealand? Such as:
  • if the client bought or own any property or significant assets in New Zealand
  • if the client moved cash and other assets to New Zealand
  • if the client involved themselves in any New Zealand work, community events, clubs' membership and other groups such as, but not limited to, their local church or school
• how long after arrival it took the client to apply for a residence class visa in New Zealand
• the absences the client had from New Zealand after their arrival in New Zealand:
  • what the reasons were for those absences
  • if the absences were prolonged or repeated

The client must be both resident and present in New Zealand at the same time for the period to count when assessing if they meet the residence qualification.