Can my Residence Visa expire?
The answer is yes, it is possible for a Residence Visa which has been properly approved and granted to expire.
Usually, a Residence Visa will be granted with 2 years of conditions which allow the holder to travel in and out of New Zealand. The holder of a Residence Visa needs to submit a separate and further application for Permanent Residence, in order for the ability to travel to and from New Zealand to become indefinite. Usually, the most straightforward way to qualify for Permanent Residence is to spend sufficient time in New Zealand (184 days or more) in each of the two 12-month periods before the application for Permanent Residence is filed. There are some other ways to qualify for Permanent Residence, but these are more difficult to meet.
The ability to live in New Zealand permanently and travel to and from New Zealand indefinitely only comes with Permanent Residence. A Visa must also be transferred to a new passport when this is obtained.
We have seen situations where the holder of a Residence Visa does not understand that they need to submit a separate and further application for Permanent Residence. Sometimes, the Residence Visa holder does not understand the effect of the travel conditions and has departed New Zealand with expired travel conditions, having failed to secure the grant of Permanent Residence beforehand. This can result in a very difficult situation, as usually the person has established a life in New Zealand as the Residence Visa enables them to do, but suddenly they are faced with a situation where they cannot return to New Zealand and continue their lives as usual. This can be very distressing.
What can I do if my Residence Visa has expired?
If you are outside New Zealand and your travel conditions have expired, we have observed some leniency on the part of immigration officials upon an attempt to return to New Zealand. Usually it seems they will grant a Temporary Visa on arrival to enable an expired Residence Visa holder to re-enter New Zealand and have some time to resolve their problem.
It is important to understand if you are in such a situation, you need to act quickly to resolve it. It may be possible for you to submit an application for Permanent Residence if you meet requirements, despite the fact that your Residence Visa has expired. Alternatively, an application may be able to be made for a Second or Subsequent Residence Visa, which has the effect of reinstating your Residence Visa (but with time starting again, to qualify for Permanent Residence based on time spent in New Zealand). However, the longer you delay in getting the problem sorted out the more vexed your situation becomes. If you delay too long, it might be that you cannot get your Residence back and you need to start over again with a new application for Residence under available categories (which might not be the same as when you first applied).
How to avoid this type of situation
When any type of Visa is issued, it is really important that the Visa holder reads the Visa document and understands the effect of the Visa and any conditions. A Lawyer or Immigration Adviser should encourage the Visa holder to read the Visa document carefully and make sure it is understood.
It can be helpful to seek professional advice as to your Visa situation, to avoid the type of scenario described here. Sometimes when a Visa is issued, especially a Residence Visa, the excitement of this takes over. The lesson is to make sure the effect of your Visa and any conditions are understood, before continuing on your immigration journey.
Please feel welcome to contact us if you think we can help.