3.7 Inquiry into decision by Hon Shane Jones to grant citizenship to Mr Yang Liu. How do I contact Immigration New Zealand? Does anyone have any advice as to what they can do to fight this? 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. 3.8 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. Are there any special rules for Australian citizens and residents? For more information on this, refer to the article below. If it received allegations about criminal activity from another agency, such as Interpol, it would seek permission from that agency to disclose the information to the applicant. Your eligibility for further travel conditions or a PRV may be affected by the time you have spent outside of New Zealand. However, immigration and citizenship matters essentially operate under two separate decision-making systems. Have we done that? They then either: 3.39 NOTE it is not a "conditional" CR-1, it is the permanent green card, but the temporary one that they stamp in your passport. Can I stop them? View our detailed guides for VisaView. I already have a visa, can I travel in and out of New Zealand with it? 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. What is the visa status of a child born in New Zealand? How can I get a Guardian of a Student visitor visa? Can I include my family in my Work to Residence application? 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. In summary, the advice provided by Crown Law was that: 3.52 How do I apply online for a Working Holiday? 3.51 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. Ministers do not have to decide beyond reasonable doubt whether the unproven allegations are true. Do I need to provide my passport if I apply via Immigration Online? If a private ceremony is requested, the Department provides the Minister with information about the applicant's circumstances and makes a recommendation to the Minister about whether to waive the requirement to take the oath or affirmation of allegiance at a public ceremony. Urgency can be approved, for example, for members of a sports team who need a passport urgently to travel overseas to represent New Zealand. Here are the benefits given by Immigration New Zealand to the permanent residents: a) A permanent resident can work anywhere in the nation. However, revoking the right to reside permanently in New Zealand is no longer an option, unless the individual is deprived of citizenship. A Permanent Resident Visa is usually the next step after you’re granted a Resident Visa. Once a person renounces or is deprived of citizenship, they are automatically deemed to hold a resident visa. 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. Their finances allow them to retire decently in SA but even if they sell up the house and cash in their investments it would not exchange into nearly enough to allow them to retire comfortably in England. If you do not have an account, you can create one here. Is email the preferred way to communicate with immigration officers? If you move to Australia as an NZ citizen you will not automatically get permanent residency status in Australia. The most popular way to gaining New Zealand permanent residence is based on skilled migration. What restrictions are there on bringing alcohol/cigarettes/personal belongings to New Zealand? What should I do if I frequently need to hire skilled people from overseas? 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. If we’re unable to grant you a Permanent Resident Visa, we may be able to offer you another resident visa or a variation of your resident visa travel conditions. Legal proceedings can still be brought for any offences committed under the Immigration Act. Can I take a short course while in New Zealand? 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. Log in here to apply for a visa as a partner. If you do not have an account, you can create one here. 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. I'm working in New Zealand and want to have my partner and children with me. How can I give you feedback about your website? Ministerial discretion is an important feature of the Citizenship Act. Officials had not provided any advice about whether the material was relevant or addressed the allegations. Your feedback helps to ensure that we provide you with clear and useful information. Providing full birth certificates with applications. 3.50 To submit an expression of interest, you will first need to create an account. ISBN 978-0-478-41009-9 (print) Do I need to pay a higher fee for a longer visa? 3.42 My employer has closed the business. Citizenship is an important concept in international and domestic human rights law. NOT coincidentally, I just discovered that the ONLY reason she married me was to obtain a green card. When someone applies for citizenship, the Department checks whether they are entitled to reside permanently in New Zealand by accessing the AMS. How do I go about finding work in New Zealand? Can I be offered employment without a valid work visa? Are you employing migrant construction workers? What are the legal rammifications of this and can I be forced to pay? If you haven’t been in Canada for at least 730 days during the last five years, you may lose your PR status. The Citizenship Act gives this decision to a Minister and sets out the grounds on which the Minister can grant that status. 3.32 Visa options for the Entertainment industry. 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. Ministers are required to deal with a heavy workload and, in the case of the Minister of Internal Affairs, citizenship decisions represent just one part of a broad portfolio of matters they are called on to deal with. Share this conversation. Fraudsters and criminals are among those with permanent residence status who are being deported or facing deportation. INA sections 212 and 237 describe the grounds on which you may be ordered removed from the United States.. Rescission. How do I bring an adopted child to New Zealand? As a general rule, the oath or affirmation must be taken or made at a public citizenship ceremony. Can I get a work visa without having a job offer? In 2007, a policy paper was prepared for the Minister in response to this advice. What do I need to know about employing someone on a Silver Fern Visa? If you are either related to or in a relationship with a New Zealand citizen or resident then you could be eligible to migrate to New Zealand permanently. However, we also understand the concern that Mr Barker raised. If your Resident Visa has travel conditions on it, you must return to New Zealand before the expiry date of those travel conditions in order to resume your residence in New Zealand. My resident visa application is still in process but my temporary visa will expire soon. How do I print my Working Holiday Visa letter? Permanent residents who obtain a reentry permit prior to departure can generally extend their absence up to 24 months. How do I find a school for my children in New Zealand? Do I need to submit any documents with my Expression of Interest? There are two sections of the Citizenship Act under which the Minister may authorise the grant of citizenship. 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. 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. 3.9 What does a resident visa allow me to do? Use our online system to apply for selected visas or check visa details. 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. Non-principal applicants can’t apply for permanent residence before the principal applicant, unless a non-principal exception applies. 3.47 Once someone has been granted citizenship, their permanent residency permit (if they had one) is obsolete. I have a question regarding New Zealand permanent residency. A Green Card provides its holder with both benefits and limitations. My reason for asking this question is the following: I had an "office flirting relationship" with a woman at work. Keep in mind, however, an individual’s status as a lawful permanent resident does not expire. 3.43 Powers such as those given to the Minister under the Citizenship Act inevitably involve a degree of discretion. Permanent residency. Consequently, parents with infant children can come to New Zealand, be based here temporarily and apply for permanent residency two years later. Needless to say his parents are in a tizz. In the 2010-11 period, 57 of … If the AMS shows that an applicant for citizenship has had a permanent residency permit for the right number of days, the applicant is deemed to satisfy the permanent residency requirements in the Citizenship Act. Are you employing migrant hospitality workers? The right to be in New Zealand indefinitely is a prerequisite to the grant of citizenship under section 8 of the Act (but not under section 9). If your Resident Visa has travel conditions on it, you must return to New Zealand before the expiry date of those travel … What are the character requirements for supporting partners? 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. This never got sexual at any point. However, your skill base and financial status may work to fast track this process if your skills and investment are sought after. What visa do I need to attend a job interview in New Zealand? ISBN 978-0-478-41010-5 (online). An active investigation by Immigration might provide evidence that the "good character" requirement of the Citizenship Act has not been satisfied, but does not mean that the permanent residency requirement has not been met. 3.11 In this case, the green card can be revoked. @andrewandjane: thanks for the info. I filled out my working holiday visa application a while ago, but now the form has disappeared. The number of submissions has since decreased to around 270 in 2011. 3.12 Cann permanent residence be revoked like that? That determination is made case by case. 3.40 Can I apply for a Working Holiday visa while in New Zealand? 3.14 You must contact Immigration NZ if you want to continue living in New Zealand. We explain the "good character" requirement in the Citizenship Act and some of the particular difficulties that requirement has given rise to, at times, with unproven allegations. 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. What visa do I need? A former citizen is liable for deportation if both the citizenship and the original residency status were the result of fraud. Can I use a certified copy instead of the original? What should I do? Can you buy citizenship in New Zealand? The purpose of the Policy Manual is to ensure that all parties – applicants, Department staff, and the Minister – have a common understanding of the basis on which citizenship will be granted. 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. My Skilled Migrant Category Expression of Interest was selected from the pool; what happens now? Can I work for my usual employer remotely while on holiday in New Zealand? There are exceptions. Can I apply for post-study work visa without my graduation certificate? A Green Card grants its holder the right to live and work in the United States permanently. What happens to my work visa? What do I need to do? 3.19 3.54 Ask Your Own New Zealand Law Question. Are you employing migrant aged care workers? 3.34 Alternatively, you may qualify for direct permanent residency if you are a skilled worker, a partner of a citizen, or a refugee. 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. 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.) How do I contact Immigration New Zealand? Additionally, U.S. government personnel (military and direct-hire civil service employees), their spouses and minor … What is the Long Term Skill Shortage List? If you do not have an account, you can create one here. 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. 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. New Zealand permanent residents are non-citizens who hold a permanent resident visa. 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. 3.22 Between 2005 and 2011, on average, about 8% of submissions were decided against the recommendation of the Department. I want to include my child in my online EOI, but they don't have a passport. We acknowledge, too, that the approach of simply presenting the Minister with all the relevant information might be intended to avoid giving the impression that the Department is attempting to interfere in the exercise of ministerial discretion. Can a person who has an appeal in process with the Immigration and Protection Tribunal (IPT) wait in New Zealand? I was scammed, and so was the United States. Can you recommend a Licensed Immigration Adviser or Agent? Which one should I travel on? Do I have to use a Visa Application Centre (VAC)? 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: In summary, the Department advised the Minister that: 3.53 Penalties for employing a person without the appropriate visa. 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). After your citizenship is taken away. 3.31 Show More. 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. Fingerprinting services for police certificates, Ministry of Business, Innovation, & Employment. 3.33 Community Experts online right now. Local authorities provide dates for ceremonies for the year or wait until there are sufficient applicants available for a ceremony. Can I become a resident by investing in New Zealand? 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. I was born in New Zealand, but I've been living overseas. 3.44 Can I enter New Zealand on a one-way ticket? What can I do? 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. New Permanent Residency Legislation. Failure to follow the rules set by the government for Green Card holders can lead to loss of https://www.usimmigration.org/glossary/permanent-resident. Do I need to stay with my parent or guardian while studying? 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. 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. 3.26 If the permanent resident lied, omitted relevant information on their application, or committed any fraud to get a US green card and this is discovered after the green card is issued, the green card may be revoked. At the time of Mr Liu's application, the application of the "good character" requirement in the Citizenship Act had given rise to a particular concern for the then Minister (Hon Rick Barker). I have a work visa but my job details are changing. Once 2 years have passed, you can fill out an application for permanent residency, which should be processed within 21 calendar days. Similar concerns were also a feature of immigration cases. 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. 3.20 I have immigrated to NZ last year September. 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". Do we have to be married to qualify under the partnership instructions? provide the Minister with information the Minister might want to consider when determining whether the applicant is able to satisfy the "good character" requirement. 3.18 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. We were told that a previous Minister of Internal Affairs had raised similar concerns, which led to a number of delayed citizenship applications. How long can a permanent resident stay outside New Zealand? Show Less. Read this information before you login. 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 … Except in limited circumstances, there is no requirement for the Department to consult Immigration about citizenship applicants who are also of interest to Immigration. I am a new resident. 3.13 If an applicant satisfies the "standard" section 8 criteria, their name is entered on a schedule that is forwarded to the Minister for approval. Can Australian citizens apply for a student loan? If you do not have an account, you can create one here. Making payments with Credit Cards, Debit Cards or Prezzy Cards. However, you should take into account that the travel conditions on your resident visa expire after 2 years. 3.37 Then, having obtained it, they can leave New Zealand … However, revoking the right to reside permanently in New Zealand is no longer an option, unless the individual is deprived of citizenship. 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. I am visiting New Zealand but would like to do some fruit picking - can I? 3.49 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. Mr Barker sought legal and policy advice about how such cases should be approached. 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