Immigration Act 2009

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Temporary entry class visas: provisions applying to temporary visas

79 Who may apply for temporary visa
  • (1) The following persons may apply for a temporary visa:

    • (a) a person, including a person to whom a visa waiver applies, who is outside New Zealand and who wishes to come to New Zealand for any purpose for which a temporary visa may be granted:

    • (b) a person arriving in New Zealand and to whom a visa waiver applies:

    • (c) a person who is onshore, is the holder of a temporary visa, and is either—

      • (i) a person to whom section 150(1) and (2) do not apply; or

    (2) No person who is of a class or category that, by virtue of immigration instructions, may only apply for a temporary visa by invitation may apply for such a visa without an invitation.

    (3) A person may apply for a temporary visa (or a temporary visa of a particular type) in response to an invitation to apply only if the application is made in the time frame specified in the temporary entry instructions.

    (4) To avoid doubt,—

    • (a) no limited visa holder, interim visa holder, or transit visa holder may apply for a temporary visa; and

    • (b) a person liable for deportation may only apply—

      • (i) for a visa of the same class and type that he or she held before becoming liable for deportation; and

      • (ii) if he or she is not unlawfully in New Zealand.

    (5) However, the Minister, in his or her absolute discretion, may grant a temporary visa to a person prohibited from applying for a temporary visa under subsection (4).

    Compare: 1987 No 74 s 25(1)