ACT Party Proposes Physical Presence Test for Permanent Resident Visa

ACT Party has proposed abolishing New Zealand’s Permanent Resident Visa category and requiring 730 days of residence in the country during any rolling five-year period to retain travel rights.

The plan would replace the current category with a Resident Visa carrying a five-year travel facility. The days would not need to be consecutive.

The proposal is not current law. Any change would depend on ACT enacting the reform and the final wording of legislation.

Under the plan, residents would need to spend at least two years in New Zealand during each five-year period. That condition would replace the existing initial two-year travel condition and remove the current “indefinite, unconditional right to leave and re-enter the country” attached to resident status.

Parmjeet Parmar, ACT’s immigration spokesperson, said the proposal would “bring balance” to the immigration system. She said it would also ensure visa holders show a “genuine commitment” to New Zealand.

“ACT will bring balance to New Zealand's immigration system by introducing physical presence requirements for permanent residents, ensuring visa holders have a genuine commitment to our country”

The proposal was unveiled on Aug 26, 2026, as part of the party’s broader immigration reform agenda. It also appeared in material connected with the party’s Election 2026 policy platform.

Several overseas circumstances would qualify for exemptions

The proposal would not apply the 730-day test identically to every resident. ACT’s plan contemplates exemptions for people whose overseas absence has a connection to New Zealand or a compelling personal circumstance.

The research describes these as proposed exemptions. It does not establish their precise application or documentation requirements.

The proposal would need legislation before residence rules changed

The five-year travel facility would give residence holders a longer initial period than the current two-year travel condition. Renewal, however, would depend on meeting the 730-day threshold under the proposed model.

That creates a continuing residence test rather than a one-time pathway to unrestricted travel rights. The calculation would use a rolling five-year period, and residents could accumulate the required days without remaining in the country continuously.

The proposal therefore targets the travel rights attached to residence status. It is not an enacted immigration rule, and existing New Zealand residence requirements remain in place unless legislation changes them.

A separate deportation plan has already met parliamentary resistance

The proposal forms part of a wider package that includes a separate, tougher deportation-liability policy for resident-class visa holders convicted of serious offences.

ACT has argued that unlimited deportation liability would not automatically result in removal. The party said deportation could still be assessed case by case.

“ACT respectfully disagrees with the committee’s conclusion. Unlimited deportation liability would not mean automatic deportation”

A parliamentary committee rejected ACT’s pitch for lifetime deportation liability. That response shows the party’s broader immigration agenda has already encountered resistance from a legislative review process.

The physical-presence measure would face its own legislative test if ACT sought to implement it. Its operative details, including how exemptions would work, would turn on the text ultimately introduced and passed.

The central threshold remains 730 days in a rolling five-year period. Until legislation takes effect, residents continue under the current rules rather than the proposed model.

This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.