My situation is a bit complicated as I currently live in Spain. In a nutshell, my husband and I are both UK and NZ

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Customer: My situation is a bit complicated as I currently live in Spain.In a nutshell, my husband and I are both UK and NZ citizens. We hold both UK and NZ passports. We are both 63 years old and turn 65 on 11/1/2021 (me) and 1/9/2021 (my husband). We lived in NZ for 19 years until we were 59 years old. We left in 2016 to move to Spain. However I have never settled here and want to return to either NZ or OZ.My understanding is that we will be entitled to receive the NZ pension, as long as we either...
a)return to NZ with the intention to live there for a minimum of 1 year or
b) we live in NZ for 6 months prior to applying for the pensionCan you confirm/advise?. Furthermore, can you advise what our position would be if we were to return, not to NZ, but to OZ? I believe we can move to Oz under the non-protected SCV. I do not think we qualify to apply for any other kind of Australian visa, so we would not be able to become Australian residents. Can you advise? Also, would we be able to continue to claim the NZ pension if we moved to OZ, or would be entitled to claim the OZ pension under the reciprocal agreement rules?I would be very grateful for your advice.Many thanks
Fiona
JA: Have you talked to a lawyer about this?
Customer: No. I am just starting my initial enquiries
JA: What steps have you taken so far?
Customer: None, I am simply making initial enquiries
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by Chris The Lawyer in 6 hours 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read your question
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Chris The Lawyer, Expert

From the WINZ site, a general overviewYou may qualify for NZ Super if you:
are 65 or over
either:
are a New Zealand citizen
are a permanent resident, or
hold a residence class visa
are ordinarily resident in New Zealand, the Cook Islands, Niue or Tokelau when you apply
have lived in New Zealand for at least 10 years since you turned 20
have lived in New Zealand, the Cook Islands, Niue or Tokelau (or a combination of these) for at least 5 years since you turned 50.
When we say ‘you live’ or ‘you’ve lived’, we mean you normally live in NZ, the Cook Islands, Niue or Tokelau and that’s where your home is.
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Chris The Lawyer, Expert

you must be living here to qualify. You won’t qualify for New Zealand super if you are in Australia however
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Chris The Lawyer, Expert

You may qualify for their pension but I am unsure of their criteria
Customer
Thanks. Chris. I’m in Spain and we are 13 hours difference to NZ.
I knew the basic facts from the NZ work and Income webpage but even there it still does not give a definitive, clear answer about entitlement. Qualification for the NZ pension appears to be on a case by case basis. The biggest question revolves around whether or not they consider you ‘ordinarily resident’. I was hoping that you might be able to shed some more light on that. Although I did not really expect that you could. Why would you if NZ work and Income can’t? �� Thanks very much for your response anyway.
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Chris The Lawyer, Expert

Ordinarily resident means a combination of factors such as owning or renting a house, paying tax here, working here, and spending most of your time here. But it is a bit obscure

Customer
Thanks Chris. Yes, this is my big worry. The reason is that we don’t want to sell our house here in Spain just yet. We want to rent it out and use the income to fund our trip over and also to pay for accomodation whilst we travel around NZ. This is so we can make an informed decision about where we want to settle before buying our final property. We couldn’t afford to sell now and then eat into the proceeds of the sale in order to pay for accomodation whilst we travel around. Every last penny we make from selling our house here will have to go into the purchase of our next, and final, property.
We are both retired too, so we cannot claim to be ordinarily resident based on the job situation. We would transfer what money we have across to NZ but I’m worried that our situation is not going to offer enough evidence that we DO intend to make NZ our permanent home.
That’s not something you are going to be able to answer, so apologies for taking up your time. Thanks for your help.
Cheers
Fiona
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Chris The Lawyer, Expert

If you took on a lease and had the usual power, phone and similar connections that could work. And you could move some assets over, which would also help
Customer
Thanks for the suggestion Chris. I appreciate it, but that kind of puts the kibosh on us being able to travel around NZ. We would have to stay put in one place. Having said that, maybe that’s what we will have to do... head back to our old stomping ground in Lower Hutt, make our base there and then and just take the occasional trip around NZ. If you have any more inspiration I’d love to hear. ��
Customer
Thank you Chris but I don’t want to take up anymore of your time. I don’t think there is a definitive answer to this. My best bet would be to phone Work and Income and speak with them I suppose. The time difference makes that so awkward though. Anyway thank you very much for your time. Much appreciated. On hindsight, it wasn’t a reasonable question to ask on this platform. :-)
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Chris The Lawyer, Expert

Ok
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