Once 2 years have passed, you can fill out an application for permanent residency, which should be processed within 21 calendar days. Once you have done this, you can then log in and apply. Section 9A did not address the issue of unproven allegations. There is usually only one case each year where the applicant requests that their application be submitted without the issue being resolved. Stateless people (with no citizenship or nationality) are recognised in international law as needing special protection. As a visitor, can I apply for a different visa while I'm in New Zealand? I hold two passports. What were the previous selection points for Expression of Interest? Can I offer a job to a worker from overseas? To apply for one of these visas, you’ll first need to create an account. @andrewandjane: thanks for the info. 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. If he fooled you and got his residency that way, it sounds like an emotional problem and INS doesn't have time for that. ISBN 978-0-478-41010-5 (online). How do I use the English for speakers of other languages (ESOL) fees that I paid to immigration? Permanent residency is just that, though it can be revoked under certain circumstances. You can also apply for a judicial review. How do I apply online for a Working Holiday? What do I need to know about employing someone on a Silver Fern Visa? 3.12 Once someone has been granted citizenship, their permanent residency permit (if they had one) is obsolete. 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. I have a Permanent Resident Card (green card) for the United States of America. 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. Can a person who has an appeal in process with the Immigration and Protection Tribunal (IPT) wait in New Zealand? 3.23 Can Australians get a New Zealand permanent resident visa? To grant citizenship is to exercise a core power of state sovereignty. The role of Department officials is to provide advice and guidance to the Minister on applying the criteria in the Act. 3.32 3.51 I was scammed, and so was the United States. 3.28 A Green Card grants its holder the right to live and work in the United States permanently. 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). View our detailed guides for VisaView. Between 2005 and 2011, on average, about 8% of submissions were decided against the recommendation of the Department. How do I bring an adopted child to New Zealand? Can I home school my children while we are in New Zealand temporarily? the right to travel internationally on a New Zealand passport. Can I apply for a Working Holiday visa while in New Zealand? There is a formal process to control how this step is taken. Time spent in jail is cumulative, which means that even if the visa holder has spent a few short stints in jail for a variety of offences, these prison terms are then added up and if they are over 12 months, there is a … 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. Inquiry into decision by Hon Shane Jones to grant citizenship to Mr Yang Liu. Log in here to apply online for your Work visa. I have immigrated to NZ last year September. What should I do? 3.42 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. The number of submissions has since decreased to around 270 in 2011. However, we also understand the concern that Mr Barker raised. When considering an application under section 9, the Minister has discretion to consider the section 8 requirements, such as good character, but is not required to do so. b) Get access to the best education facilities for higher studies. I'm coming to New Zealand to participate in a sports event. Cases where the status of residence shall be revoked are prescribed in Article 22-4, paragraph (1) of the Immigration Control Act, and any of the following facts is found, the Minister of Justice may revoke the status of residence that the relevant foreign national currently possesses: (Regarding (v) below, the application commences on January 1, 2017.) Will my Expression of Interest (EOI) be selected? No, you do need to live in New Zealand the first 2 years after your resident visa was granted. We were told that it was unusual, but not unheard of, for an applicant to choose to continue with their application when there were unresolved matters relating to good character. The process to apply and become a permanent resident in New Zealand can be complex, difficult and expensive for some. What are the character requirements for supporting partners? When does my residence status become activated? The concern about unproven allegations was heightened when the applicant was from a country whose judicial system might not be subject to the same standards of natural justice as would apply in New Zealand, or with a questionable human rights record, or that might apply the death penalty. Log in here to apply for your Visitor visa. You may need to apply to transfer your permanent resident visa to a new passport. Get help to use our online services. 3.34 3.43 The grant of citizenship is more a privilege than a right. 3.19 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. A debt collection agency in South Africa is harrassing me to pay an outstanding civil debt that was incurred in South Africa. However, it was still considered necessary to preserve a ministerial discretion to deal with harsh cases – such as convictions for offences that would not be considered criminal in New Zealand (for example, witchcraft). 3.11 I submitted my Expression of Interest but my address has changed. 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. 3.29 Permanent residency. 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. Those circumstances include if, for example, the applicant would otherwise be stateless, or if there are: … exceptional circumstances of a humanitarian or other nature, which means it is in the public interest for the applicant to be granted citizenship. 3.49 How long can a permanent resident stay outside New Zealand? 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. Are you employing migrant dairy farm workers? Can I claim points for my qualifications? Visa options for the Entertainment industry. One of the standard criteria in the Citizenship Act under section 8 is that the Minister be satisfied that the applicant is of "good character". 3.7 I am a new resident. The timing of ceremonies is determined by local authorities. What visa do I need? If you have a Permanent Resident Visa (PRV) in your passport, you may return to New Zealand at any time and continue your residence here. I can't save details into my Expression of Interest. When someone applies for citizenship, the Department checks whether they are entitled to reside permanently in New Zealand by accessing the AMS. The Department's practice is to recommend whether to accept or decline the application for citizenship. 3.60 How do I print my Working Holiday Visa letter? The Policy Manual requires Citizenship Officers to apply the policies and guidelines in it consistently, but not overly rigidly. In his view, the Crown Law advice had placed greater emphasis on the need to consider natural justice concerns. A 45-year-old male Singapore Permanent Resident, who breached Stay-Home Notice (SHN) requirements while in Singapore from 20 to 23 February 2020 has lost his Singapore Permanent Resident (SPR) status. Here are the benefits given by Immigration New Zealand to the permanent residents: a) A permanent resident can work anywhere in the nation. Can I change my course of study and/or education provider? Yes, you can lose your permanent resident (PR) status. The Department must provide the applicant with details of all of the relevant material and an opportunity to rebut the allegations. If the Minister is satisfied that the applicant is of good character, despite the information suggesting they are not, the Minister can authorise the grant of citizenship under section 8. 3.33 Under the policy, the General Manager of Citizenship has discretion to approve a departure from this policy. When does my working holiday visa expire? Legal proceedings can still be brought for any offences committed under the Immigration Act. Do we have to be married to qualify under the partnership instructions? They then either: 3.39 3.37 The Citizenship Act gives this decision to a Minister and sets out the grounds on which the Minister can grant that status. Can I apply for a permanent resident visa while overseas? 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. 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 I enter New Zealand on a one-way ticket? However, citizenship recognises a particular relationship between the citizen and the state, which does not apply in the same way to permanent residents. How do I send my documents to immigration, supporting my online application? Can I work in New Zealand while holding a visitor visa? 3.24 That will depend on whether there is "sufficient basis" for the allegations and any countervailing factors, including the persuasiveness of the applicant's response. The Minister was still required to exercise discretion about where to draw the line about past criminal convictions and to form a view about the weight to be given to unproven allegations. However, you will have a Special Category visa that means you can live, study and work in Australia for as long as you like — this does not mean you have permanent residency. My employee from overseas has left the job before the contract expired. 3.31 I hold a working holiday visa but want to enter New Zealand as a visitor - is this possible? How long will my student visa be valid for, if granted? Mr Barker was not alone in his concerns. Can I be offered employment without a valid work visa? Needless to say his parents are in a tizz. Do I need to submit any documents with my Expression of Interest? 3.25 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. A former citizen is liable for deportation if both the citizenship Act, private ceremonies require consent! 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