This note is not part of the regulations, but is intended to indicate their general effect.
These regulations allow for the regularisation of the immigration status of certain persons and their immediate family who are or become unlawfully in New Zealand on or before 30 March 2001 but who, by reason of personal circumstances, could be considered to be well-settled in New Zealand. The regulations provide the procedures for such people to apply for an initial temporary permit under a transitional immigration policy, and then for a residence permit under a special residence policy.
Regulation 1 gives the Title of the regulations.
Regulation 2 provides that the regulations are to come into force on 1 October 2000.
Regulation 3 defines certain terms that are relevant to a person's eligibility for the exemptions in regulations 4 and 5.
Regulation 4(1) and (2) set out criteria for a time-limited exemption from the requirement to have a permit. The criteria are as follows:
the person must have arrived in New Zealand before 1 October 1999 and still be in New Zealand as at 18 September 2000
at least 1 of the following must apply to the person:
(b) the person is, at the time the relevant permit application is presented, the de facto partner of a New Zealand citizen or resident in a relationship that has been in existence since at least 18 September 1998; or
(d) as at the time the relevant permit application is presented, the person had been in New Zealand continuously for at least 5 years, without any individual period of absence exceeding 3 months during that period
the person must not have claimed refugee status in New Zealand
the person's most recent permit must not have been a student permit, and they must not be the spouse or partner of a person whose current or most recent permit, as at 18 September 2000, was a student permit
an application for a temporary permit for the person must be presented by 30 March 2001
at the time the application is presented the person must not be a person prevented from getting an exemption by section 7(1) of the Immigration Act 1987 (which relates generally to serious crime, terrorism, previous deportation, or existence of a current removal order).
Under regulation 4(3), the exemption runs from the time when the application for a permit for the person is presented up until the time the application is granted or declined (or until 30 March 2001, if the application is not granted or declined by then). The exemption will also cease if the person earlier leaves New Zealand.
Regulation 5(1) and (2) set out criteria for exemption for a person who, as at 18 September 2000, was present in New Zealand and was the spouse, de facto partner, or dependent child (as those terms are defined in regulation 3) of a person qualifying for exemption under regulation 4 or a person who would have qualified for such an exemption if they had been unlawfully in New Zealand at the relevant time or period.
In addition to being the spouse, long-term de facto partner (at least 2 years), or dependent child of such a person (both as at 18 September 2000 and as at the date an immigration officer is presented with their permit application), the person must not have claimed refugee status in New Zealand, or be a person prevented from obtaining an exemption by section 7(1) of the Act. For the exemption to apply, an application for a permit for the person must be presented by 30 March 2001.
As with a regulation 4 exemption, the exemption runs from the time the application for the permit for the spouse, partner, or child is presented up until the time the application is granted or declined (or until 30 March 2001 or until the person leaves New Zealand, if earlier).
Regulation 6 sets out the things that must accompany an application for a temporary permit under the October 2000 Transitional Policy.
Regulation 7 similarly sets out the things that must accompany an application for a residence permit under the October 2000 Residence Policy.
Regulation 8 relates to fees, and provides that—
a person applying for a residence permit under the October 2000 Residence Policy is exempt from the normal residence application fee; and
a person granted such a residence permit is exempt from the requirement to pay the normal settlement information fee; and
the application fee for a work permit or a student permit under the October 2000 Transitional Policy is $500; and
in all other cases the normal fees payable under the Immigration Regulations 1999 will apply.