Immigration instructions

22 Immigration instructions

(1)

The Minister may certify immigration instructions relating to—

(a)

residence class visas, temporary entry class visas, and transit visas:

(b)

entry permission:

(c)

conditions relating to resident visas, temporary entry class visas, and transit visas, including, without limitation, conditions relating to—

(i)

travel to New Zealand:

(ii)

the holder’s ability to work or study in New Zealand or in the exclusive economic zone of New Zealand:

(d)

the periods for which each type of temporary entry class visa may be granted:

(e)

the types of temporary visas that may be granted, and the name and description of each type.

(2)

Immigration instructions take effect from—

(a)

the date they are certified; or

(b)

a date specified in the instructions as being the date on which they come into effect, which must not be earlier than the date they are certified.

(3)

Applications for temporary entry class visas or transit visas that are made before any relevant immigration instructions take effect may be determined in accordance with those immigration instructions when those instructions take effect.

(4)

Subsection (3) does not apply to applications for temporary entry class visas subject to restricted temporary entry instructions.

(5)

The kinds of matters that may constitute immigration instructions for the purposes of this Act are as follows:

(a)

any general or specific objectives of immigration policy:

(b)

any rules or criteria for determining the eligibility of a person for the grant of a visa of any class or type, or for entry permission, being rules or criteria relating to the circumstances of that person or of any other person (a third party) whose circumstances are relevant to the person’s eligibility, including (without limitation) rules and criteria about how any status or approval may be obtained or lost by the third party:

(c)

any indicators, attributes, or other relevant information or matters that may or must be taken into account in assessing a person’s eligibility for a visa or entry permission:

(d)

any statement of, or rules or criteria or process for determining, the number or categories or ranking of persons or classes of persons whose applications for visas of any class or type or entry permission may be granted at any particular time or over any particular period:

(e)

any rules or criteria for the lapsing of applications in respect of which no decision to grant a visa has been made:

(f)

any matters relevant to balancing individual eligibility for a visa or entry permission against the overall objectives or requirements of immigration instructions:

(g)

any requirements relating to documentation, consultation, or other evidence or information required to assess a person’s eligibility for a visa or entry permission:

(h)

any statement of the conditions or types of conditions that may be imposed upon a visa of any particular class or type, and the circumstances in which or classes of persons in relation to whom the conditions may be imposed:

(i)

the nature and extent of the discretion that immigration officers may exercise in making a decision on any visa.

(6)

Without limiting subsection (5), any rules or criteria relating to eligibility for a visa or entry permission—

(a)

may include matters relating to—

(i)

health:

(ii)

character:

(iii)

the immigration status of applicants for visas (whether currently or at any time in the past):

(iv)

sponsorship:

(v)

the provision of bonds:

(b)

may, in respect of any 1 or more specified classes or categories of person who wish to apply for a visa,—

(i)

include a requirement that persons of that class or category may apply for a visa only if invited to do so by the Minister or an immigration officer:

(ii)

stipulate any period for which an expression of interest under section 92 will remain current:

(iii)

set or indicate rules, criteria, or other relevant matters of the kinds specified in subsection (5)(a) to (g) that will or may apply for the purpose of determining whether an invitation to apply for a visa should be granted to any such person:

(iv)

stipulate any time frame, or any method for determining the time frame, within which the relevant application must be made following the issue of an invitation to apply for a visa.

(7)

Any conditions referred to in subsection (5)(h) that relate to resident visas (other than conditions relating to travel) must specify the maximum period, not exceeding 5 years, for which they may be imposed.

(8)

Immigration instructions certified by the Minister under subsection (1)—

(a)

are statements of government policy:

(b)

are neither legislative instruments nor disallowable instruments for the purposes of the Legislation Act 2012 and do not have to be presented to the House of Representatives under section 41 of that Act.

Compare: 1987 No 74 s 13B

Section 22(5)(b): amended, on 7 May 2015, by section 12 of the Immigration Amendment Act 2015 (2015 No 48).

Section 22(8)(b): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).