RV3.5 12-month variation of travel conditions

Principal applicants may be granted with travel conditions current for 12 months if:

1. they meet the requirements set out in either RV3.5.1 or RV3.5.5 below; and
2. their first day in New Zealand as a resident (see R5.66.5(b)) was at least 12 months before the current application for a variation of travel conditions was made; and
3. they continue to meet any conditions previously imposed under section 49(1) or section 50 of the Immigration Act 2009;

unless RV3.1(d) applies.

RV3.5.1 Time spent in New Zealand

To meet the requirements regarding time spent in New Zealand, the principal applicant must have been in New Zealand as a resident for a total of 184 days or more in at least one of the two 12-month portions in the 24 months immediately preceding the date the application for a variation of travel conditions was made (ie, in at least one of the two 12-month portions, a period or periods that amount to 184 days or more).

RV3.5.5 Tax residence status and limited time spent in New Zealand

To meet the requirements regarding tax residence status and limited time spent in New Zealand, the principal applicant must:

1. have been in New Zealand as a resident for a total of 41 days or more in at least one of the two 12-month portions of the 24 months immediately preceding the date the application for a variation of travel conditions was made (ie, in at least one of the two 12-month portions, a period or periods that amount to 41 days or more); and
2. be assessed as having tax residence status for 12 months in the 2 years before their application.

Effective 29/11/2010