X4.25 Second and subsequent returning resident's visa (indefinite) (04/07/2005)

1. Principal applicants must be issued with an RRV current for an indefinite period if they:
   1. can demonstrate a commitment to New Zealand by meeting the requirements set out in any one of the five subsections below, and
   2. held a residence permit at a time which was a minimum of 2 years before the current application for an RRV was made, and
   3. have met any requirements previously imposed under section 18A.

X4.25.1 Significant period of time spent in New Zealand

1. 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 their application for an RRV (ie, in each of the two 12-month portions, a period or periods that amount to 184 days or more).

X4.25.5 Tax residence status in New Zealand

1. They have held residence permits for a total of 41 days or more in each of the two 12-month portions of the 24 months immediately preceding the date the application for an RRV was made (ie, in each of the two 12-month portions, a period or periods that amount to 41 days or more); and
2. they are assessed as having tax residence status for 24 months in the 2 years before their application.

X4.25.10 Investment in New Zealand

1. They have been approved residence under the Business Investor Category, and have met any requirements imposed under section 18A of the Immigration Act 1987 (see BI12), or
2. they have been approved residence other than under the Business Investor Category, and have maintained an investment in New Zealand of N.Z.$1,000,000 or more that complies with the rules for investment funds set out in X4.25.10(c) below for a period of two years, or more after the date their residence visa was issued or their initial residence permit was granted.
3. Principal applicants applying for an RRV under X4.25.10 (b) must meet the following rules for investment funds:
   1. investment funds must originally have been transferred to New Zealand through the trading bank system, or have been earned or acquired lawfully in New Zealand, and
   2. investment funds must be invested in New Zealand in New Zealand currency; and under normal circumstances, be capable of providing a commercial return, and
   3. apart from the interest earned from the investment, investment funds must not be used for their own personal use, for instance investment in assets such as a personal residence, car, boat or similar, and
   4. investment funds must not be used as collateral for any loan during the 2 year investment period, unless the money loaned remains within New Zealand and in New Zealand dollars only, and
   5. if the investment funds are moved from one investment to another during the two year period each investment must also meet the rules for investment funds.

      Note: Investments in New Zealand with international exposure are acceptable only for the proportion of the investment that is retained in New Zealand.

      Example: An investment in a unit trust with sole international exposure would completely fail to meet the above requirement that an investment be "invested in New Zealand".

X4.25.15 Establishment of a business in New Zealand

1. They have been approved residence under any category, and have successfully established a business in New Zealand that has been trading successfully and benefiting New Zealand in some way for at least 12 months immediately preceding the date the application for the RRV was made.
2. Principal applicants applying for an RRV under this policy will be considered to have successfully established a business in New Zealand if:
   1. they have established or purchased, a business operating in New Zealand; or
   2. they have invested in a business in New Zealand by purchasing 25% or more of the shareholding of an established business.
3. For the purposes of this policy evidence that a business is trading successfully and benefiting New Zealand in some way is production of a set of the latest accounts relating to that business certified by a New Zealand chartered accountant and which confirm that in their view the business is a going concern.

X4.25.20 Base established in New Zealand

1. They have established a base in New Zealand. 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 date the application for the RRV was made, and
   2. they have held residence permits for a total of at least 41 days in the 12 months immediately preceding the date the application for the RRV was made, and either
   3. they own and maintain a family home in New Zealand, or
   4. they are engaged in full time continuous genuine employment in New Zealand immediately preceding the date the application for the RRV was made.
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 items in the name of the applicant and/or members of their immediate family who were included in the application for residence such as:
   • mortgage documents or title deeds to the residential property
   • rates demands
   • home and contents insurance cover
   • invoices for telephone, electricity, gas, or water
   • documents showing that household effects have been moved to New Zealand
4. 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 9 months in the 24 months immediately preceding the date the application for the RRV was made. 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.

Effective 04/07/2005