Department officials, for their part, thought they were not in a position to determine such matters, that it was not their role to do so, and that the Citizenship Act clearly placed the obligation on the Minister to exercise judgement in such matters. Permanent residents who obtain a reentry permit prior to departure can generally extend their absence up to 24 months. The grant of citizenship is more a privilege than a right. Can I offer a job to a worker from overseas? Can I extend my Working Holiday Visa to do seasonal work? You: cannot use your New Zealand passport anymore, and; might not be allowed to keep living here. I was born in New Zealand, but I've been living overseas. I'm studying in New Zealand and want to have my partner and children with me, Visa options for people over 50 years of age. Ask Your Own New Zealand Law Question. You can't keep it only with a touch-and-go visit at Arlanda, you need to be a Swedish resident again. Lost or stolen passport - what should I do? In this Part, we summarise the main features of the Citizenship Act that were relevant to Mr Liu's application for citizenship. Citizenship is a stronger and more protected status than … An adult who becomes a citizen in another country can choose to give up New Zealand citizenship. If he fooled you and got his residency that way, it sounds like an emotional problem and INS doesn't have time for that. If an applicant satisfies the "standard" section 8 criteria, their name is entered on a schedule that is forwarded to the Minister for approval. 3.45 i thought NZIS can revoke your permanent residency status - because you're not contributing the … 3.43 What do I need to do? Ask Your Question Fast! Keep in mind, however, an individual’s status as a lawful permanent resident does not expire. Do I need to be sponsored by my family for residence? Between 2005 and 2011, on average, about 8% of submissions were decided against the recommendation of the Department. Are you employing migrant aged care workers? Categories Beauty & Style. Community Experts online right now. The Policy Manual requires Citizenship Officers to apply the policies and guidelines in it consistently, but not overly rigidly. The timing of ceremonies is determined by local authorities. Section 9A did not address the issue of unproven allegations. 3.11 The most popular way to gaining New Zealand permanent residence is based on skilled migration. You can become a permanent resident of Australia by applying for and being granted a permanent visa that allows you to remain in Australia indefinitely. Can I apply for a Working Holiday visa while in New Zealand? Requirements . How long will my student visa be valid for, if granted? In summary, the Department advised the Minister that: 3.53 Log in here to apply online for your Work visa. Share this conversation. Inquiry into decision by Hon Shane Jones to grant citizenship to Mr Yang Liu. In our view, in those rare but difficult cases where the Minister is required to consider an application involving unproven allegations, the Department could do more to support ministerial decision-making. My employee from overseas has left the job before the contract expired. 3.40 The Department and Immigration are parties to a Heads of Agreement that enables the Department to access Immigration's client database, known as the Applicant Management System (AMS). Unlike Australia, where it is granted for an initial five-year term, or Canada, where it comes with continuing residency obligations, permanent residency in New Zealand requires no commitments at all. I am the partner of a New Zealand citizen/resident and I want to work in New Zealand. Citizenship policies are subject to change, depending on the views of the Government of the day and the views of the Minister as decision-maker. If information comes to light suggesting that an individual might not satisfy the "good character" requirement, that information is usually presented to the applicant, giving them an opportunity to respond and, if possible, to resolve any concerns. Which one should I travel on? However, revoking the right to reside permanently in New Zealand is no longer an option, unless the individual is deprived of citizenship. A decision to authorise the grant of citizenship can be rescinded at any time before the date the person becomes a citizen, if the Minister is no longer satisfied that the person meets the requirements for citizenship. Can workers from overseas bring their family with them? What is the Canterbury Skills and Employment Hub? Who has the power to take statutory declarations? You may also lose your PR status if you: become a Canadian citizen; give up (renounce) your PR status; become inadmissible to … Most citizens automatically acquire that status because they are born in New Zealand or because one of their parents is a citizen. 3.31 3.42 Will I lose my New Zealand residence status if I travel abroad? Little detail is provided about the applicants, other than their name and nationality and confirmation that, according to the Policy Manual, they satisfy the section 8 criteria. Citizenship in New Zealand is superficially similar to permanent residency. My Skilled Migrant Category Expression of Interest was selected from the pool; what happens now? If the Minister is not satisfied that the applicant is of good character, the applicant might still be eligible for citizenship under section 9 of the Act. Ministers usually, but not always, follow the Department's recommendations. Ask for FREE. The checks are carried out by applying the relevant sections of a Policy Manual maintained by the Department to help staff determine whether the criteria in the Act have been satisfied. Abandonment. 3.25 How long will my Skilled Migrant Category Expression of Interest remain in the pool after it is submitted? In summary, the advice provided by Crown Law was that: 3.52 Information for visitors travelling without a visa. We also explain the relationship between citizenship and permanent residency, and between the Department, which manages applications for citizenship, and Immigration, which manages applications for permanent residency permits. The grant of citizenship can be seen as giving three main benefits: 3.6 The other section of the Citizenship Act under which an applicant can apply for citizenship is section 9. How do I print my Working Holiday Visa letter? Citizens and permanent residents enjoy certain rights and protections, including the right to reside permanently in New Zealand. Can you recommend a Licensed Immigration Adviser or Agent? Once someone has been granted citizenship, their permanent residency permit (if they had one) is obsolete. How can I give you feedback about your service? The Department is also able to view other relevant information about the applicant, such as alerts, that has been entered into the database by Immigration staff. Apply for NZ citizenship after you’ve been a resident. Log in here to apply for a visa as a partner. Needless to say his parents are in a tizz. Permanent residency. Get help to use our, Start a business or invest in New Zealand, Tools and information for meeting criteria, How long it takes to process a visa application, Hiring a migrant who is outside New Zealand, Hiring a migrant who is already in New Zealand, Things to consider before hiring migrants, Hiring migrants in NZ on student, work, resident or interim visas. However, if you are not automatically a citizen, you can apply to the Crown to be granted that status. Can I choose between a permanent resident visa and a citizen endorsement? Here are the benefits given by Immigration New Zealand to the permanent residents: a) A permanent resident can work anywhere in the nation. 3.7 What is the difference between a resident visa and a permanent resident visa? I have a Permanent Resident Card (green card) for the United States of America. Who can I contact about this? Schedules are usually sent to the Minister weekly and include between 300 and 650 names, depending on the number of applicants. In summary, Mr Barker thought the Department should provide clearer guidance on where the truth of the allegations lay. Mr Barker was concerned about cases where allegations had been made about the applicant but the Department was not able to establish whether the allegations were true. Can I buy property in New Zealand as a non-resident? Are printouts from the Inland Revenue website acceptable as original documents? Will I be eligible for a further student visa if I was absent from class due to illness? What do I need to know about employing someone on a Silver Fern Visa? Under the policy, the General Manager of Citizenship has discretion to approve a departure from this policy. As long as you have a Resident Visa with valid travel conditions or a Permanent Resident Visa (PRV) in your valid passport when you return to New Zealand, your residence status will not be affected if you travel overseas. I have been granted Permanent Residency 3 years ago and have applied for nz citizenship recently. How do I contact Immigration New Zealand? Officials had not provided any advice about whether the material was relevant or addressed the allegations. The Minister must be satisfied that the criteria in the Act have been met, but they are not bound to follow the Department's recommendation. Can a person who has an appeal in process with the Immigration and Protection Tribunal (IPT) wait in New Zealand? Your feedback helps to ensure that we provide you with clear and useful information. Visa options for the Entertainment industry. A Green Card grants its holder the right to live and work in the United States permanently. What do ‘return/onward ticket not required', ‘evidence of financial support not required’ and ‘multiple entries’ mean? Mr Barker told us that, on one occasion, he instead received a large file containing information on an applicant that had been submitted to the Department in defence of the allegations that had been made. INA sections 212 and 237 describe the grounds on which you may be ordered removed from the United States.. Rescission. What is an 'open work visa', and how do I get one? The oath of allegiance may be taken before a District Court Judge, a solicitor, a Justice of the Peace, a member of Parliament, the mayor or deputy major of a territorial authority, the chairperson or deputy person of a regional council, or the Secretary of Internal Affairs. Under current policy, all applicants over the age of 14 are required to take an oath or make an affirmation of allegiance unless they qualify for a specific exemption (for example, if they live overseas or cannot speak English). A debt collection agency in South Africa is harrassing me to pay an outstanding civil debt that was incurred in South Africa. 3.4 Fingerprinting services for police certificates, Ministry of Business, Innovation, & Employment. It can also be time consuming. provide the Minister with information the Minister might want to consider when determining whether the applicant is able to satisfy the "good character" requirement. 3.41 I filled out my working holiday visa application a while ago, but now the form has disappeared. 3.46 Local authorities provide dates for ceremonies for the year or wait until there are sufficient applicants available for a ceremony. The number of submissions has since decreased to around 270 in 2011. Although it is for the applicant to satisfy the Minister that he/she is a suitable candidate for citizenship, and for the Minister to make the judgement call, these factors do not relieve the Department of the responsibility of carefully reviewing the material put forward and providing a view. Are there any special rules for Australian citizens and residents? Do I have to use a Visa Application Centre (VAC)? However, Green Cards can be revoked. Can I use a certified copy instead of the original? At the time of the decision about Mr Liu, the Department was experiencing a particularly high volume of citizenship applications due to imminent changes to the Citizenship Act. However, as with any ministerial decision, when authorising a grant of citizenship, the Minister must ensure that the decision is consistent with the statutory requirements, and that the Minister acts within the normal principles recognised by administrative law. 3.29 I have a question regarding New Zealand permanent residency. In particular, he thought that the policy advice provided by the Department was not entirely consistent with the legal advice provided by Crown Law. 3.32 My employee from overseas wants to work for someone else. NOT coincidentally, I just discovered that the ONLY reason she married me was to obtain a green card. Do I need a New Zealand driver’s license? The Immigration and Nationality Act (INA) sets forth various grounds upon which a non-citizen may be deported. Making payments with Credit Cards, Debit Cards or Prezzy Cards. What is included in New Zealand territory? I have concerns about a school or education provider. 3.38 as an adult, a person has effectively taken on the citizenship or nationality of another country and "acted in a matter contrary to the interests of New Zealand"; or. Can my passport be returned while my visa application is being processed? Mr Barker sought legal and policy advice about how such cases should be approached. If your Resident Visa has travel conditions on it, you must return to New Zealand before the expiry date of those travel … What is the visa status of a child born in New Zealand? It was generally agreed by those we spoke to that the exercise of ministerial discretion provides an important protection against the risk of inflexible and unduly bureaucratic decision-making. 3.33 What are the legal rammifications of this and can I be forced to pay? In New Zealand, the defining special rights of a citizen are set out in section 13 of the Immigration Act 2009: … every New Zealand citizen has, by virtue of his or her citizenship, the right to enter and be in New Zealand at any time; … no New Zealand citizen is liable under this Act to deportation from New Zealand in any circumstances. My reason for asking this question is the following: I had an "office flirting relationship" with a woman at work. 3.10 Permanent residency permits are issued under the Immigration Act 2009, which is administered by Immigration. New Zealand citizenship and a New Zealand passport, in particular, are highly prized internationally because of New Zealand's reputation as a country largely free from corruption, and because of the relative ease of access to other countries a New Zealand passport provides. 3.8 According to statistics provided by the Department, in the four years from 2005 to 2008, about 2395 applications were made by submission. 3.47 I am a new resident. After your citizenship is taken away. that is good news that means i can try living in other countries and if it doesn't work out, always have NZ as back-up. Additionally, U.S. government personnel (military and direct-hire civil service employees), their spouses and minor … However, you should take into account that the travel conditions on your resident visa expire after 2 years. How do I use the English for speakers of other languages (ESOL) fees that I paid to immigration? Under the new legislation, the Minister has the right to revoke the visa of non-residents found to have spent 12 months or more in prison whilst being in the country. There is usually only one case each year where the applicant requests that their application be submitted without the issue being resolved. When someone applies for citizenship, Department officials carry out certain procedures and enquiries so that they can advise the Minister whether or not an applicant satisfies this test. You can also use your log in to check your application status. Under the Citizenship Act, the Minister can require applicants who have been granted citizenship to take an oath (or make an affirmation) of allegiance to New Zealand. Does someone with New Zealand residence need a work visa? You will lose your permanent resident status if an immigration judge issues a final removal order against you. What visa do I need? Section 8 of the Act sets certain criteria that the applicant needs to satisfy to qualify for citizenship, including having the right to be in New Zealand indefinitely, having been present in New Zealand for a minimum number of days in the preceding five years, intending to continue to live in New Zealand, having sufficient command of English, and being of "good character". New Zealand Permanent Residents are residents of New Zealand, who hold a permanent resident visa, which – superficially seen – makes them equal to New Zealand citizens.A permanent resident visa must not be confused with a resident visa. There are exceptions. Do I need another police certificate when I reapply for my visa? *If you stayed out of NZ for the length of time you suggest, your home country passport would have to be renewed at least once, and at that point, you would have to be careful to get your PR visa put into the new passport. If the Minister authorises the grant of citizenship under section 9, they can take into account whether the applicant satisfies the section 8 criteria but are not obliged to apply them. What can be used as evidence of residence status? New Permanent Residency Legislation. Are you employing migrant dairy farm workers? Is email the preferred way to communicate with immigration officers? What can I do? However, revoking the right to reside permanently in New Zealand is no longer an option, unless the individual is deprived of citizenship. What are the requirements for photos submitted with visa applications? My wife from the Philippines just got a temporary IR-1 "green card" in her passport. I am visiting New Zealand but would like to do some fruit picking - can I? What happens to my work visa? How do I send my documents to immigration, supporting my online application? Can I get a work visa without having a job offer? We may place you into rescission proceedings at any time during the first five years after you became a lawful permanent resident (Green Card holder) if: 3.59 3.48 I'm coming to New Zealand to participate in a sports event. Can I come to New Zealand to volunteer or volunteer once I am in New Zealand? Citizenship of a country recognises that that is where you have a right to be. VisaView allows New Zealand employers to check the details of a worker's current visa. You have 28 days from receiving your notice to apply for an appeal or a judicial review. We acknowledge the Department's concerns about being seen to determine an applicant's guilt or innocence, and agree that – ultimately – the burden of proof is on the applicant to satisfy the Minister that the criteria in the Citizenship Act are met. What should I do? Log in here to apply online for your Student visa. Resident to permanent resident. What now? Permanent residency is just that, though it can be revoked under certain circumstances. To apply for one of these visas, you’ll first need to create an account. 3.3 3.50 3.9 Who can certify copies of my documents? 3.34 Do I need a confirmed or return ticket when I lodge my visa application? Log in here to apply for your Visitor visa. Generally, a Green Card allows the holder to live and work in the U.S. on a permanent basis, but your rights as a lawful permanent resident are not absolute. Where there is an alert on the system, the Department will make further inquiries with Immigration. @andrewandjane: thanks for the info. VisaView allows education providers to check the details of a student's current visa. Ministers do not have to decide beyond reasonable doubt whether the unproven allegations are true. Under what conditions can this be revoked? The onus is on the applicant to assert good character and to satisfy the Minister that he or she is a suitable candidate for citizenship. However, your skill base and financial status may work to fast track this process if your skills and investment are sought after. When an application for citizenship is received, it is usually referred to one of the Citizenship Offices located around the country, where it is checked to ensure that the applicant qualifies for citizenship under the Citizenship Act. We consider that the difficulties faced by Ministers and the Department when unproven allegations have been made about an applicant are an important factor in understanding the background to Mr Liu's application for citizenship. 3.1 Fraudsters and criminals are among those with permanent residence status who are being deported or facing deportation. Can I request an extension to the deadline for providing further documents? It is not possible to provide strict guidelines about the weight to be given to unproven allegations. Legal proceedings can still be brought for any offences committed under the Immigration Act. A former citizen is liable for deportation if both the citizenship and the original residency status were the result of fraud. You must contact Immigration NZ if you want to continue living in New Zealand. Who can apply for a visa using Immigration Online? If, as a result of the detrimental information, the Department decides to recommend that the application be declined, the applicant is given the option to defer their application until the outstanding issues have been resolved. How do I bring an adopted child to New Zealand? What does a resident visa allow me to do? My New Zealand passport expired while overseas, but I need to travel to New Zealand urgently! Revoking a permit is complicated business and you can keep it if you plan to move back to Sweden in the near future. I am overseas at the moment but would like to visit New Zealand and look for a job. What were the previous selection points for Expression of Interest? Office of the Auditor-General, 100 Molesworth Street, Thorndon, Wellington 6011 | + 64 4 917 1500 |. No, you do need to live in New Zealand the first 2 years after your resident visa was granted. A valid Returning Residents Visa with valid travel conditions (granted prior to 29 November 2010) will also allow you to return to New Zealand as a resident. 3.56 In practical terms, that means that the Minister's decision to authorise the grant of citizenship can be rescinded at any time before a citizenship ceremony takes place. You can also apply for a judicial review. You can request an NZeTA using our online web form. If you do not have an account, you can create one here. In 2007, a policy paper was prepared for the Minister in response to this advice. Ministerial discretion is an important feature of the Citizenship Act. What does my working holiday visa let me do? Section 9 allows the Minister to authorise the grant of citizenship if, for example, the applicant would otherwise be stateless, or if there are exceptional circumstances of a humanitarian or other nature which mean it would be in the public interest to grant citizenship. I applied for another visa, but my current one is about to expire. Have we done that? In such cases, the Department would provide the Minister with the relevant information and make a recommendation, but could not determine whether the applicant committed the alleged offences or whether charges had been laid for political or spurious reasons. When and how can I apply for a Permanent Resident Visa, Information updated on 2019/04/30 13:38:57.083280 GMT+0, Use our online system to apply for selected visas or check visa details. Once you have done this, you can then log in and apply. The process to apply and become a permanent resident in New Zealand can be complex, difficult and expensive for some. Citizenship is a stronger and more protected status than permanent residency. My employer has closed the business. 3.23 Will my Expression of Interest (EOI) be selected? To submit an expression of interest, you will first need to create an account. How do I find a school for my children in New Zealand? I have been invited to apply for residence. To find a visa that suits your needs explore visa options. Ultimately, it is the Minister's decision. How can I report someone to the immigration authorities? What is the Long Term Skill Shortage List? Read this information before you login. Under the Citizenship Act, private ceremonies require the consent of the Minister. Non-principal applicants can’t apply for permanent residence before the principal applicant, unless a non-principal exception applies. Providing full birth certificates with applications. If you are outside of New Zealand when this happens, your resident visa becomes invalid. 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