Entry Permissions for Offshore Temporary and Resident Visa Holders

December 9, 2021

The instructions issued vide this amendment circular allows changes to immigration instructions. These changes will:

• Allow eligible resident visa holders who were granted their resident visa offshore to enter New Zealand for the first time on that visa (provided the entry permission instructions which applied on the date they submitted their application allow this), and
• Make clear the policy intent of the Immigration Act 2009 (the Act) concerning decision-making for the grant of a visa or entry permission for temporary and resident visa applications.

Under immigration instructions E7.1, which deals with the processing of applications, it is highlighted that

• An immigration officer, while determining a temporary application from an offshore person, must have no reason to believe that person would be refused entry permission if the visa is granted.
• The immigration officer should also consider the most recent version of the relevant Border Entry instructions when the application was made.

In a significant clarification, a mention is made that an immigration officer, while making decisions as related to these immigration instructions, is not required to consider whether the applicant is likely to be granted entry permission as an exception to instructions.

It is understandable that with so many policy changes and the exceptions to the same, you may have questions or concerns.

If you have any queries or require assistance regarding the above information, please do not hesitate to contact Immigration Advisers New Zealand Ltd at [email protected] or call on +64 09 3790219.  Our experienced team of Licensed Immigration Advisers will be happy to guide you.

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