My reason for asking this question is the following: I had an "office flirting relationship" with a woman at work. If an applicant satisfies the "standard" section 8 criteria, their name is entered on a schedule that is forwarded to the Minister for approval. Citizenship of a country recognises that that is where you have a right to be. You must contact Immigration NZ if you want to continue living in New Zealand. 3.22 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. Permanent residency is just that, though it can be revoked under certain circumstances. Can I extend my Working Holiday Visa to do seasonal work? a person was granted citizenship under the Act as a result of fraud or mistake. If you do not have an account, you can create one here. For more information on this, refer to the article below. Officials had not provided any advice about whether the material was relevant or addressed the allegations. I want to include my child in my online EOI, but they don't have a passport. 3.51 In summary, the Department advised the Minister that: 3.53 We also explain the relationship between citizenship and permanent residency, and between the Department, which manages applications for citizenship, and Immigration, which manages applications for permanent residency permits. Where do I submit additional documents for my application? New Zealand employers are not willing to offer me employment. How do I contact Immigration New Zealand? Who can be included in my permanent resident visa application? This is so even if an investigation is under way into the applicant's permanent residency status. Consequently, parents with infant children can come to New Zealand, be based here temporarily and apply for permanent residency two years later. 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. VisaView allows New Zealand employers to check the details of a worker's current visa. Local authorities provide dates for ceremonies for the year or wait until there are sufficient applicants available for a ceremony. What visa do I need? How do I find a school for my children in New Zealand? There is usually only one case each year where the applicant requests that their application be submitted without the issue being resolved. 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. Penalties for employing a person without the appropriate visa. Except in limited circumstances, there is no requirement for the Department to consult Immigration about citizenship applicants who are also of interest to Immigration. What is the visa status of a child born in New Zealand? What Fiji travel documents will Immigration New Zealand Suva Branch Accept? 3.1 I have a question regarding New Zealand permanent residency. The point is can a new permanent green card be revoked and if a ban to enter the US can occur if the USCIS sees it fit while he's away OR with a permanent green card it's hard to be revoked and just be banned from entering the US so easily? The Department's practice is to recommend whether to accept or decline the application for citizenship. What were the previous selection points for Expression of Interest? 3.17 I have immigrated to NZ last year September. VisaView allows education providers to check the details of a student's current visa. However, revoking the right to reside permanently in New Zealand is no longer an option, unless the individual is deprived of citizenship. Can Australian citizens apply for a student loan? I submitted my Expression of Interest but my address has changed. Can I return to live in New Zealand? Do we have to be married to qualify under the partnership instructions? I have been invited to apply for residence. Do I need a New Zealand driver’s license? How do I know if a worker from overseas has the right to work in New Zealand? There is a formal process to control how this step is taken. However, if you are not automatically a citizen, you can apply to the Crown to be granted that status. Can I travel to New Zealand without a visa? Can I enter New Zealand on a one-way ticket? Do I have to use a Visa Application Centre (VAC)? 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. 3.38 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. How can I give you feedback about your service? Similar concerns were also a feature of immigration cases. When does my residence status become activated? Citizenship is a stronger and more protected status than … If I am on a work or student visa, will my child have to pay foreign student fees to study 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. According to statistics provided by the Department, in the four years from 2005 to 2008, about 2395 applications were made by submission. A solution was achieved, in part, by inserting section 9A into the Citizenship Act. A Green Card provides its holder with both benefits and limitations. What do ‘return/onward ticket not required', ‘evidence of financial support not required’ and ‘multiple entries’ mean? In this case, the green card can be revoked. 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. Office of the Auditor-General, 100 Molesworth Street, Thorndon, Wellington 6011 | + 64 4 917 1500 |. An adult who becomes a citizen in another country can choose to give up New Zealand citizenship. In New Zealand, the defining special rights of a citizen are set out in section 13 of the Immigration Act 2009: … every New Zealand citizen has, by virtue of his or her citizenship, the right to enter and be in New Zealand at any time; … no New Zealand citizen is liable under this Act to deportation from New Zealand in any circumstances. How do I apply online for a Working Holiday? 3.43 Use our online system to apply for selected visas or check visa details. What can be used as evidence of work experience? 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. Detrimental information does not automatically mean that the individual will not be eligible for citizenship. Under the Citizenship Act, private ceremonies require the consent of the Minister. Can I come to New Zealand to volunteer or volunteer once I am in New Zealand? Will I be eligible for a further student visa if I was absent from class due to illness? If he fooled you and got his residency that way, it sounds like an emotional problem and INS doesn't have time for that. Is email the preferred way to communicate with immigration officers? My Skilled Migrant Category Expression of Interest was selected from the pool; what happens now? Can I become a resident by investing in New Zealand? 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. Are you employing migrant construction workers? How do I use the English for speakers of other languages (ESOL) fees that I paid to immigration? If you are outside of New Zealand when this happens, your resident visa becomes invalid. The Citizenship Act sets out how and when people acquire and lose New Zealand citizenship. Show Less. Can I buy property in New Zealand as a non-resident? Where does Immigration New Zealand use Visa Application Centres? If you do not have an account, you can create one here. Log in here to apply for a visa as a partner. Fraud. I have a work visa but my job details are changing. Legal proceedings can still be brought for any offences committed under the Immigration Act. Can a person who has an appeal in process with the Immigration and Protection Tribunal (IPT) wait in New Zealand? 3.12 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. Do I need another police certificate when I reapply for my visa? It is the applicant's choice. 3.37 Skilled Migrant Category - removal of section 49(1) conditions. CONTACT US. 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. SINGAPORE - Permanent residency (PR) in Singapore can be rescinded at any time should persons holding the status be found a security threat or have criminal records. *If you stayed out of NZ for the length of time you suggest, your home country passport would have to be renewed at least once, and at that point, you would have to be careful to get your PR visa put into the new passport. Yes, you can lose your permanent resident (PR) status. Does anyone have any advice as to what they can do to fight this? You: cannot use your New Zealand passport anymore, and; might not be allowed to keep living here. provide the Minister with information the Minister might want to consider when determining whether the applicant is able to satisfy the "good character" requirement. Can I change my course of study and/or education provider? What is an 'open work visa', and how do I get one? Who can I contact about this? How do I start an online Expression of Interest and submit it? We were told that a previous Minister of Internal Affairs had raised similar concerns, which led to a number of delayed citizenship applications. NOT coincidentally, I just discovered that the ONLY reason she married me was to obtain a green card. If there is a question about whether the applicant clearly satisfies the criteria, or if they wish to apply for citizenship under section 9, an individual submission is prepared for the Minister's consideration. Do I need to pay a higher fee for a longer visa? A permanent residence permit can be revoked if you move out of Sweden for more than 12 months. This is an average of just under 600 each year, or 50 each month. What now? 3.21 Can my passport be returned while my visa application is being processed? Do I need to stay with my parent or guardian while studying? More . How can I give you feedback about your website? Usually, but not always, the right to reside indefinitely in New Zealand arises because the applicant holds a New Zealand permanent residency permit. When someone applies for citizenship, the Department checks whether they are entitled to reside permanently in New Zealand by accessing the AMS. 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. Keep in mind, however, an individual’s status as a lawful permanent resident does not expire. I am hearing impaired. 3.57 Citizens and permanent residents enjoy certain rights and protections, including the right to reside permanently in New Zealand. Once 2 years have passed, you can fill out an application for permanent residency, which should be processed within 21 calendar days. 3.5 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. It can also be time consuming. 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. The Department has a policy for approving urgent ceremonies, where the applicant is accepted in the next available public citizenship ceremony. Inquiry into decision by Hon Shane Jones to grant citizenship to Mr Yang Liu. The Department must provide the applicant with details of all of the relevant material and an opportunity to rebut the allegations. The Employer toolkit – Communication and culture differences, The Employer toolkit — Communication and culture differences for Pacific staff, Essential Skills work visas and temporary migrants — Guidance for hospitality sector employers, Applying on behalf for advisers and agents, Airlines, cruise operators, aircraft and ships, Arts festival and entertainment promoters, Your audience - Why we need to keep it clear, Keep it short and simple - important information first, Keep it active and direct - use the active voice, Request or change your personal information, Options for the partner of a New Zealand citizen or resident. 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. How can I report someone to the immigration authorities? 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). I can't save details into my Expression of Interest. A Permanent Resident Visa is usually the next step after you’re granted a Resident Visa. Can I get a work visa without having a job offer? Do I need to be sponsored by my family for residence? What are the character requirements for supporting partners? If you are a current visa holder and provide your details to a third-party (such as a bank), they can use this information to verify your visa using the Visa Verification Service. What is the Long Term Skill Shortage List? INA sections 212 and 237 describe the grounds on which you may be ordered removed from the United States.. Rescission. 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. 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 am the partner of a New Zealand citizen/resident and I want to work in New Zealand. 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. The Department and Immigration are parties to a Heads of Agreement that enables the Department to access Immigration's client database, known as the Applicant Management System (AMS). 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). 3.10 Revoking a permit is complicated business and you can keep it if you plan to move back to Sweden in the near future. advise the Minister that they are not aware of anything that might be considered detrimental to the applicant's character; or. 3.34 What visa do I need to attend a job interview in New Zealand? The Citizenship Act gives this decision to a Minister and sets out the grounds on which the Minister can grant that status. Mr Barker told us he did not find the advice he was given particularly helpful. 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. Can you buy citizenship in New Zealand? When does my working holiday visa expire? You can also use your log in to check the status of your EOI. How do I obtain New Zealand Citizenship or Passport? If you do not have an account, you can create one here. Year 12 & 13 students wanting to work while holding a student visa. Do I need to travel with my family if we have all been granted visas for the same period? To grant citizenship is to exercise a core power of state sovereignty. 3.28 Once someone has been granted citizenship, their permanent residency permit (if they had one) is obsolete. Will my Expression of Interest (EOI) be selected? 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. Where can I get immigration statistics from? In the 2010-11 period, 57 of … 3.27 The other section of the Citizenship Act under which an applicant can apply for citizenship is section 9. You may need to apply to transfer your permanent resident visa to a new passport. I have a Permanent Resident Card (green card) for the United States of America. My employee from overseas has left the job before the contract expired. Citizenship is an important concept in international and domestic human rights law. He told us that, in individual cases, he expected the Department to provide some analysis of the information available, such as a summary of the key information that would support or disprove the allegations being made and the Department's opinion on the next steps in the process. My New Zealand passport expired while overseas, but I need to travel to New Zealand urgently! Ministers usually, but not always, follow the Department's recommendations. Permanent Resident Visa. Section 8 of the Act sets certain criteria that the applicant needs to satisfy to qualify for citizenship, including having the right to be in New Zealand indefinitely, having been present in New Zealand for a minimum number of days in the preceding five years, intending to continue to live in New Zealand, having sufficient command of English, and being of "good character". That will depend on whether there is "sufficient basis" for the allegations and any countervailing factors, including the persuasiveness of the applicant's response. Between 2005 and 2011, on average, about 8% of submissions were decided against the recommendation of the Department. Are you employing migrant hospitality workers? However, Green Cards can be revoked. Log in here to apply for a visa as a dependent child. Who has the power to take statutory declarations? I was born in New Zealand, but I've been living overseas. To submit an expression of interest, you will first need to create an account. Section 9A did not address the issue of unproven allegations. 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. 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. They are also relevant when considering the advice given to Mr Jones about Mr Liu's application. 3.59 You have 28 days from receiving your notice to apply for an appeal or a judicial review. 3.2 The most popular way to gaining New Zealand permanent residence is based on skilled migration. Your eligibility for further travel conditions or a PRV may be affected by the time you have spent outside of New Zealand. 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. How do I contact Immigration New Zealand? Fraudsters and criminals are among those with permanent residence status who are being deported or facing deportation. Can I use my New Zealand visa to enter Australia? Can I become a Licensed Immigration Adviser? ISBN 978-0-478-41009-9 (print) The number of submissions has since decreased to around 270 in 2011. Can I apply for a Working Holiday visa while in New Zealand? 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. When you apply for a permanent visa, you will need to meet our visa requirements. When someone applies for citizenship, Department officials carry out certain procedures and enquiries so that they can advise the Minister whether or not an applicant satisfies this test. The Policy Manual requires Citizenship Officers to apply the policies and guidelines in it consistently, but not overly rigidly. Will I lose my New Zealand residence status if I travel abroad? 3.15 There are exceptions. Here are the benefits given by Immigration New Zealand to the permanent residents: a) A permanent resident can work anywhere in the nation. However, immigration and citizenship matters essentially operate under two separate decision-making systems. What should I do if I frequently need to hire skilled people from overseas? Information for visitors travelling without a visa. My employee from overseas wants to work for someone else. We acknowledge the Department's concerns about being seen to determine an applicant's guilt or innocence, and agree that – ultimately – the burden of proof is on the applicant to satisfy the Minister that the criteria in the Citizenship Act are met. Section 9 gives the Minister the power, in a limited range of circumstances, to authorise the grant of citizenship to someone who may not satisfy the section 8 criteria. The two agencies also liaise with each other regularly when there are applicants who are of interest to them both. 3.40 I'm studying in New Zealand and want to have my partner and children with me, Visa options for people over 50 years of age. Prevention. Are there any special rules for Australian citizens and residents? In summary, the advice provided by Crown Law was that: 3.52 Do I need to submit any documents with my Expression of Interest? It is not possible to provide strict guidelines about the weight to be given to unproven allegations. Community Experts online right now. 3.46 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. I was scammed, and so was the United States. As a visitor, can I apply for a different visa while I'm in New Zealand? 3.32 What does my working holiday visa let me do? 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. How do I go about finding work in New Zealand? Mr Barker sought legal and policy advice about how such cases should be approached. The existence of unproven allegations will be a relevant factor in the decision to authorise the grant of citizenship, but must be considered along with all other relevant factors. I'm working in New Zealand and want to have my partner and children with me. Ultimately, it is the Minister's decision. 3.31 Alternatively, you may qualify for direct permanent residency if you are a skilled worker, a partner of a citizen, or a refugee. When should I apply for occupational registration? Your feedback helps to ensure that we provide you with clear and useful information. A Green Card grants its holder the right to live and work in the United States permanently. Can I be offered employment without a valid work visa? Are you employing migrant aged care workers? You will become eligible for permanent residency after you have lived in New Zealand for 2 years under any type of resident visa. 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