Permits and Visas

Permits and Visas and who needs them

his section deals mainly with Visitors and Limited Purpose Visas and Permits not work or Student Visas and Permits. See http://www.immigration.govt.nz/migrant/ for student and work permit details.

What is a visa?

A visa is an endorsement from an immigration official that she/he knows of no reason why the applicant should not be granted a permit on arrival in New Zealand. A visa does not permit the holder to be in New Zealand. It may be helpful to think of a visa as an invitation to travel to New Zealand and as the first step in the process of obtaining lawful immigration status in New Zealand. Citizens of certain countries are exempt from the requirement to hold a visa before travelling to New Zealand. These include:

Australian citizens and holders of Australian permanent "resident return visas" and
British citizens and British passport holders who provide evidence of the right to reside permanently in the United Kingdom.

For a full list of visa-exempt countries see the NZIS Online Operations Manual (http://www.immigration.govt.nz/nzis/operations_manual/ Refer to: E2.1.5 – People exempt from having to obtain a temporary visa). People from exempt countries are still required to meet Temporary entry requirements to obtain and retain a permit, can be refused a permit and after their permits expire can be removed from New Zealand.

What is a permit?

A permit is an endorsement in a person’s passport or travel documents which allows the holder of the permit to stay in New Zealand until the expiry date recorded on the permit and on the conditions attached to the particular type of permit. A permit is granted on arrival in New Zealand at the port of entry if the applicant satisfies all the NZIS requirements for the type of entry requested by the applicant.

Foreign nationals are required to hold a valid permit for the whole duration of their stay in New Zealand and to comply with the conditions of the permit they have been issued with or face removal by the New Zealand Immigration Service.

Australian citizens and holders of Australian permanent "resident return visas" are exempt from the requirement to hold a permit. For further details on permits see the New Zealand Immigration website. http://www.immigration.govt.nz/nzis/.

Temporary entry the basic rules

To obtain temporary entry you need to:

Be from a visa free country OR
Approach you nearest branch of the Immigration Service for a Visa (see www.immigration.govt.nz/migrant/general/aboutnzis/contactus/ www.immigration)
Apply on the required form and pay the required fee (see www.immigration.govt.nz/migrant/general/formsandfees/)
Be of good character (no serious convictions or links to criminal organisations).
Be of good health (unless travelling for approved medical treatment at your own cost) and not be a threat to public health medical certificates are now required for most longer term permits and TB X-rays for stays for 6 months or more for applicants from all but "Low Risk" countries see
Have valid travel documents (passport)
Not be a prohibited person
If visiting Have a Sponsor or evidence of funds (as at July 2005 this was NZ$1000 per month in New Zealand or $400 per month if accommodation is provided)
Have means of return to home country (usually return air ticket)
Convince the Immigration Service that you are unlikely to over stay or breach conditions (they will look at percentage risk form your country age group etc, your previous record and other factors
Prove that you genuinely intend only a temporary stay

The main types of temporary visas and permits are:

Student - Genuine full or part time study with written offer of place from tertiary institution (see http://www.immigration.govt.nz/www.immigration.govt.nz/migrant/)
Visitors- as above, work or ongoing study is prohibited: Extendable to 9 months out of every 18 months. see: -see: www.immigration.govt.nz/migrant/)
Work - General work policy requires written job offer either in areas of occupational shortage or where employer can show no New Zealander could do the job or be retrained to do it. There are some exceptions for applicants for residence and in other circumstances see: http://www.immigration.govt.nz/www.immigration.govt.nz/migrant/)-
Limited purpose - Where an applicant is borderline due to risk of overstaying they may be issued with a limited purpose visa to travel to New Zealand for a specific event and return immediately No appeal can be lodged nor other kind of permit applied for (including residence).A limited purpose permit can only to extended if genuinely required

IMPORTANT: There are many other kinds of specific classes of Visas and Permits and conditions frequently change see www.immigration.govt.nz/migrant/ for details.

What is a bond and when can it be required?

Bonds may be required to be paid as a condition of any temporary visa to reduce the risk of overstaying. Bonds are required to manage the risk when an applicant would otherwise be refused but would be likely to comply with their visa and permit conditions if they pay a bond. The bond are refunded if you return within the approved time but are reduced for any overstaying (ultimately to nothing). For the Pacific region in July 2005 Bonds were set at NZ$2000.00.

How do I sponsor a visitor?

Any New Zealand permanent resident or citizen can sponsor a visitor: They are required to:

Complete a statutory declaration with details of the proposed visit and means of support and accommodation (there are penalties for false statements) see http://www.immigration.govt.nz/migrant/general/formsandfees/ )
Provide other proof of their citizenship or residence and means to support the visitors (certified copy of passport, payslips, rental agreement)
Ensure the visitor does not breach their permit once in New Zealand.
Pay the full costs of removal back to the government if the visitor overstays

If I am on a lawful permit can the Immigration Service refuse to accept my application for extension of permit lodged on the proper form and with the proper fee?

No. Front end loading (refusing an application at the counter because the officer thinks it will later be refused) is unlawful. The officer can however indicate that the application is highly likely to fail but under Immigration Policy they must accept it for consideration if you insist and in normal circumstances you will receive a written decision.

If you are within the normal 9 months and there are no problems you would expect a specific reason to be declined. If you think there are special reasons to extend a visitor’s permit beyond the normal 9 months (e.g. an unforeseen medical emergency) you will need strong evidence to support this (letters/documents, possibly an interview). Having lodged an application for residence does not automatically give you the right of extension.

Leaving out a single item required in the policy can be fatal to an application: check and double check the checklist at the end of the visitor’s permit application form . Don’t leave renewals to the last few days. If you have lodged an application to extend your permit while still on a valid permit then while your passport is with the Immigration Service and while they consider your application you are not liable for removal. Once you receive a refusal letter the 42 day appeal period against removal begins.

IMPORTANT:

This does not apply to Limited Purpose Permits where no extension is usually available.

This does not apply to people already unlawfully in New Zealand who have no right to apply for any permit. see Unlawful Status

Can my temporary visa or permit be revoked?

Yes. For example if the visa or permit was issued in error, the Immigration Service find you breached a condition of your visa or permit (for example by working on a visitor’s permit), if no you longer meet character requirements (e.g. you are arrested by the Police) or if Immigration believe that misled them when you first applied for the visa or permit. You will be given a notice of revocation, with 14 days notice if you are handed the notice or 21 days notice if posted to your last address given to the Immigration Service to show good cause why the permit should not be revoked.

IMPORTANT: This is a complex area of law and you should seek legal advice.

What if I am refused a visa or permit?

Grant of a visa or permit is discretionary and applications can be refused. There are limited options:

Firstly where ever you apply from and whatever your citizenship you are entitled a letter setting out reasons for the refusal.
If you fail to provide all the documents required in the policy and the relevant fee, the Immigration Service do not have to process your application and can return it un-actioned.
It may be helpful to ask the Immigration Service if there is further information you can provide to support your application before they reach the point of declining it, will payment of a bond or limited purpose application be more likely to be approved?
If there is a specific issue that the Immigration Service discover that convinces them to refuse your application, then under policy they should give you a chance to answer this before declining your application: In practice this does not always happen, especially with temporary applications.
Unless you are a prohibited person or become unlawful you can lodge a fresh application for a visa or permit at any time.
If you list your sponsor or someone else from New Zealand as a contact person in the application they can request copies of the file
If the sponsor is personally affected by the refusal they may be able to request grounds and reasons under the Official Information Act 1982
If you believe that the Immigration Service have acted unfairly you can complain to a Branch Manager of the Branch where you applied or by email to complaints@immigration.govt.nz or if still not resolved to the Deputy Secretary Department of Labour Work Force Division PO Box 3705 Wellington New Zealand. You need to quote your client number in any correspondence and to be specific about why you think the Office has acted unfairly (rather than just disagreeing with the decision). For further complaints see below.