BI12.10 Evidence that New Zealand is principal applicant's main home (04/07/2005)

Principal applicants are considered to have made New Zealand their main home if:

1. they have spent a significant period of time in New Zealand during the five-year investment period (see BI12.10.1); or
2. they have established a base in New Zealand (see BI12.10.5).

BI12.10.1 Significant period of time spent in New Zealand

The principal applicant is considered to have spent a significant period of time in New Zealand if they have held residence permits for a total of 184 days or more in each of the two 12-month portions of the 24 months immediately preceding the end date of the five-year investment period (ie, in each of the two 12-month portions, a period or periods that amount to 184 days or more).

BI12.10.5 Base established in New Zealand

1. A principal applicant is considered to have established a base in New Zealand if:
   1. each and every member of their immediate family who was included in their application for residence has resided in New Zealand for at least 184 days in the two year period immediately preceding the end date the five-year investment period, and
   2. they have held residence permits for a total of at least 41 days in the 12 months immediately preceding the end date of the five-year investment period, and either
      • they own and maintain a family home in New Zealand, or
      • they were engaged in full time continuous genuine employment in New Zealand immediately preceding the end date of the five-year investment period.
2. For the purpose of this policy applicants are considered to own and maintain a family home in New Zealand if:
   1. they have purchased a residential property in New Zealand within 12 months of the date they were initially granted a residence permit and still own that property either solely or jointly with members of their immediate family who were included in the application for residence, and
   2. they and/or members of their immediate family who were included in the application for residence occupy that property.
3. Evidence of owning and maintaining a home in New Zealand includes but is not limited to documents in the name of the applicant and/or members of their immediate family who were included in the application for residence such as:
   1. mortgage documents or title deeds to the residential property
   2. rates demands
   3. home and contents insurance cover
   4. invoices for telephone, electricity, gas, or water
   5. documents showing that household effects have been moved to New Zealand.
4. The presence or absence of any of the documents listed above is not determinative. Each case will be decided on the basis of all the evidence provided.
5. For the purpose of this policy applicants are considered to have been engaged in full time continuous employment in New Zealand if they can produce evidence of genuine full time paid employment in New Zealand for a period or periods amounting to at least nine months in the 24 months immediately preceding the end date of the five-year investment period. Employment involving payment by commission and/or retainer is not acceptable. Self-employment is acceptable if they can produce evidence of genuine lawful active involvement in the management and operating of a business in New Zealand which the principal applicant has established, purchased, or has a shareholding in.

Note: any employment undertaken should not contravene the policy as set out in R5.18.

Effective 04/07/2005