Resident and present in New Zealand

Scenario

Was client lawfully resident and present in New Zealand (NZ)?

Include period of resident and present in New Zealand (NZ) for assessment?

A client comes to NZ on a temporary entry class visa for 3 years, with the intention to live permanently in New Zealand.

The client applies for and is granted NZ citizenship.

Yes the client was lawfully resident and present in NZ for the 3 years prior to being granted NZ citizenship.

Yes include the 3 years in the assessment.

A client comes to NZ on a temporary entry class visa to complete studies for 2 years, with the intention to return to their country of origin.

They return to NZ years later to retire.

No although the client was lawfully present in NZ, they were only in NZ to complete studies.

No do not include the 2 years in the assessment.

A client comes to NZ on a temporary entry class visa for 5 years with the intent of settling here permanently.

The client goes through the process of obtaining a residence class visa which replaces the temporary entry class visa.

The client leaves to live in France and only returns to NZ to retire.

Yes the client was lawfully resident and present in NZ for the 5 years while on a temporary entry class visa, as they intended to remain in NZ permanently, and worked towards this by applying for a residence class visa.

Yes include the 5 years in the assessment, but do not include any period of time the client was absent from NZ.

A client is posted in NZ as a Diplomatic Representative for their country for 4 years and returns to their country of origin after this.

10 years later they return to NZ to retire.

No although the client was lawfully present in NZ, they were only in NZ for their employment to complete their diplomatic duties for their country of origin. They had no intention to reside in NZ and would not have been in NZ otherwise.

No do not include the 4 years in the assessment.

A NZ citizen lives overseas and comes to NZ once a year for 5 months only to visit their family and sightsee in NZ with no intention of living in NZ.

They continue to do this right up until their retirement.

This client decides to retire in NZ and moves to NZ at the age of 65.

No although the client was lawfully present in NZ, they were only in NZ as a visitor. They had no intention to reside in NZ during these visits.

No do not include any time the client was visiting NZ in the assessment.

A NZ citizen is overseas for 5 years completing studies at a theological college, with the intention of returning to NZ once this training is completed.

This client is married and has 2 children.

The partner and children remain in their home in NZ during the time the client is overseas completing their studies.

Each year for 5 years, the client returns to their partner, children and home in NZ for a 2-month break.

During these 2 months in NZ, they lived at their home with their partner and children, and attended the church they are a member of, and worked as a volunteer Career Counsellor at the local community college.

Yes although the client only spent a short time in NZ during the 5 years, they demonstrated their close connection with NZ and their time in NZ was not in the nature of a traveller/temporary visitor. It was their intention to return to NZ once the training was completed.

Yes include all the 2-month breaks during the 5 years study period the client was in NZ.

An NZ citizen lives overseas and comes to NZ once a year for 3 months over the summer only to visit their family with no intention of living in NZ. They have no home in NZ and stay with relatives. They continue to do this right up until their retirement.

This client decides to retire in NZ and moves to NZ at the age of 65.

No although the client was lawfully present in NZ, they were only in NZ as a visitor. They had no intention to reside in NZ on an ongoing basis during these visits.

No do not include any time the client was visiting NZ in the assessment.

An NZ citizen works overseas for 5 years as a contractor for a mining company on a fly-in, fly-out basis. They are billeted by their employer while working and have no property overseas. As they are a contractor, tax is not withheld at source on their earnings. They have tax obligations in New Zealand and the country they work in.

Every 2 months for the 5 years, they return to their home in NZ for 2 weeks. During the 2 weeks they spend in NZ every 2 months, they live at home with their partner and child, attend the church they are a member of, and play regular pick-up basketball games with their old team at an indoor sports centre near their home.

Yes although the client only spent a short time in NZ during the 5 years, they demonstrated a close connection with NZ, and the time they spent in NZ was in the nature of residence while the time overseas was solely to fulfil their contract obligations and had no residential aspect. It was their intention to return to NZ once the contract ended.

Yes include all the 2-week breaks in NZ, during the 5 years the client was working overseas.

A client who is an overseas citizen comes to NZ for 3 months on a temporary entry class visa to stay with her only child who has a new-born. The client has no other family so, their intention is to settle in NZ to live with their child and grandchild.

At the end of the 3 months when the temporary entry class visa expires, the client returns to their country of origin and applies for another NZ temporary entry class visa.

The visa application process takes 3 months to finalise. As soon as the visa is granted, the client returns to NZ and leaves again when the visa expires to apply for another NZ temporary entry class visa.

While they are away from NZ, they start the process of selling their house and possessions in preparation for their permanent move to NZ.

The client continues this practice for 5 years before they are granted a residence class visa.

Yes although the client was here on a temporary entry class visa during all their 3-month trips to NZ, the time they spent here was in the nature of residence while the time overseas was solely to fulfil the visa obligations and avoid any possible sanctions. Their intention is clear to come to NZ on a permanent basis to be around their family.

Yes include all the 3-month periods they were in NZ on a temporary entry class visa over the 5 year period.