Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014

2014/79

Coat of Arms of New Zealand

Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 17th day of March 2014

Present:
His Excellency the Governor-General in Council

Pursuant to section 400 of the Immigration Act 2009, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014.

2 Commencement
3 Principal regulations
4 Regulation 4 amended (Interpretation)
  • In regulation 4(1), definition of dependent child, replace paragraph (b) with:

    • (b) includes, for the purposes of regulations 20(2)(a) and (4) and 21(6)(b)(i), a child who is single and financially independent, but—

      • (i) is 17 years of age or younger; or

      • (ii) is of or over the age of 18 years but under 21 years and has no children.

5 Regulation 5 amended (Application requirements)
  • After regulation 5(1)(b), insert:

    • (c) an application for a residence class visa that is made online, in which case regulation 23A applies instead.

6 Regulation 6 amended (Application requirements for holder or former holder of resident visa)
  • In regulation 6(1), after applications, insert (except applications that are made online, in which case regulation 23A applies instead).

7 Regulation 10 amended (Application requirements other than at immigration control area)
  • After regulation 10(1)(a), insert:

    • (ab) applications for a temporary entry class visa made online (other than those that must be made online under regulation 12), in which case regulation 23A applies instead:.

8 Regulation 12 amended (Applications that must be made online)
  • (1) Replace regulation 12(1) with:

    • (1) This regulation applies to applications for the following categories of temporary entry class visa:

      • (a) Silver Fern Job Search immigration instructions:

      • (b) all working holiday schemes.

    • (1A) However, this regulation does not apply to an application by a holder of a working holiday scheme category of temporary entry class visa for a further visa of the same kind.

    (2) Replace regulation 12(2)(a) with:

    • (a) online on an Internet site maintained by or on behalf of the Department; and.

    (3) Before regulation 12(3)(a), insert:

    • (aa) complete the form in English; and.

    (4) In regulation 12(3)(c), replace as specified in the second column of Schedule 1 with under which the application is being made.

9 Regulation 13 amended (Applications for diplomatic and consular officials)
  • Replace regulation 13(2) with:

    • (2) An application must be made by the sending State on the person's behalf—

      • (a) to an immigration officer at an office of the Department; or

      • (b) to the Protocol Division of the Ministry of Foreign Affairs and Trade.

10 Regulation 15 amended (Application requirements)
  • (1) Before regulation 15(1), insert:

    • (1AA) This regulation applies to an application for a transit visa unless the application is made online, in which case regulation 23A applies instead.

    (2) In regulation 15(1), delete for a transit visa.

11 New regulation 23A inserted (Applications that may be made online)
  • After regulation 23, insert:

    23A Applications that may be made online
    • (1) The following applications may be made online if electronic forms have been provided for the purpose on an Internet site maintained by or on behalf of the Department:

      • (a) an application for a residence class visa to which regulation 5 would otherwise apply:

      • (b) an application by a holder, or former holder, of a resident visa to which regulation 6 would otherwise apply:

      • (c) an application for a temporary entry class visa to which regulation 10 would otherwise apply:

      • (d) an application for a transit visa to which regulation 15 would otherwise apply:

      • (e) an application for confirmation of a person's immigration status to which regulation 32 would otherwise apply:

      • (f) an application for endorsement of New Zealand citizenship in a foreign passport to which regulation 33 would otherwise apply.

      (2) Subclauses (3) to (5) apply to an application made online in accordance with subclause (1).

      (3) The application must be made using the electronic form provided.

      (4) Without limiting subclause (3), the electronic form must require the applicant to—

      • (a) complete the form in English; and

      • (b) state his or her full name; and

      • (c) state his or her date and place of birth; and

      • (d) state the details of his or her passport or certificate of identity; and

      • (e) upload a photograph of the applicant's head and shoulders that complies with the standards specified for the purpose by the Department (unless the form relates to an application referred to in subclause (1)(e) or (f)); and

      • (f) produce the information and evidence required by immigration instructions to demonstrate he or she fits the category under which he or she is applying; and

      • (g) acknowledge that the details supplied in support of the application are true and correct to the best of the applicant's knowledge; and

      • (h) agree that, if his or her circumstances change before any visa is granted, or before the application is determined, the applicant will notify an immigration officer of the change; and

      • (i) pay the prescribed fee or arrange for its payment in a manner acceptable to the immigration officer processing the application.

      (5) The immigration officer processing the application may require the applicant to do 1 or more of the following before the immigration officer determines the application:

      • (a) be interviewed by an immigration officer:

      • (b) produce his or her passport or other certificate of identity:

      • (c) produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application:

      • (d) produce travel tickets to a country that the applicant has right of entry to, or other evidence of the applicant's onward travel arrangements, that the officer thinks necessary for the officer to determine the application:

      • (e) produce evidence of the applicant's funds for maintenance while in New Zealand, or evidence of sponsorship of the applicant, that the officer thinks necessary for the officer to determine the application.

12 Regulation 26AA amended (Prescribed fees (not imposed elsewhere by these regulations))
13 Regulation 26AAB amended (Exemptions from or reductions in prescribed fees)
  • In regulation 26AAB(5), replace Long-term Business Visa with Entrepreneur Work Visa.

14 Regulation 30 amended (People leaving New Zealand who are exempt from presenting themselves to immigration officer)
  • After regulation 30(c), insert:

    • (d) people leaving New Zealand by means of an automated electronic system, unless the automated electronic system indicates that a person must present himself or herself to an immigration officer.

15 Regulation 31 amended (People leaving New Zealand must complete approved form)
  • (1) Replace regulation 31(2) with:

    • (2) The approved form must be—

      • (a) given to an immigration officer together with—

        • (i) the person's passport or certificate of identity; or

        • (ii) if the person is a member of the Armed Forces (including Civil Staff) acting in the ordinary course of his or her duty or employment who is departing on a commercial craft, the person's passport, certificate of identity, military orders, or military identity card; or

      • (b) presented to an automated electronic system together with the person's passport.

    (2) In regulation 31(3), replace subclause (2) with subclause (2)(a)(ii).

16 Regulation 32 amended (Application for confirmation of immigration status)
  • After regulation 32(3), insert:

    • (3A) However, subclause (3) does not apply to an application that is made online, in which case regulation 23A applies instead.

17 Regulation 33 amended (Application for endorsement of New Zealand citizenship in foreign passport)
  • Before regulation 33(1), insert:

    • (1AA) This regulation applies to an application for endorsement of New Zealand citizenship in a foreign passport (unless the application is made online, in which case regulation 23A applies instead).

18 Schedule 1 revoked
19 Schedule 3 amended
  • In the Schedule 3 heading, replace 30(3)(a) with 30(a).

20 Schedule 4 amended
  • (1) In Schedule 4, item relating to regulation 5(1) and (2)(d)(iia),—

    • (a) revoke the item relating to residence class visa application—Entrepreneur Plus Category; and

    • (b) replace Residence class visa application—Entrepreneur Category with Residence class visa application—Entrepreneur Residence Category.

    (2) In Schedule 4, item relating to regulation 10(1) and (2)(e)(iia),—

    • (a) revoke the item relating to temporary visa application—work visa under working holiday scheme; and

    • (b) replace Temporary visa application—Long-term Business Visa with Temporary visa application—Entrepreneur Work Visa.

    (3) In Schedule 4, item relating to regulations 10(1)(a), 12(1) and (3)(g), delete described in Schedule 1.

    (4) In Schedule 4, item relating to regulation 26AA(da), replace charter with crew of.

Michael Webster,
for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations come into force on 18 April 2014, apart from regulations 13 and 20(1) and (2)(b), which come into force on 24 March 2014. The regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations).

Regulation 4 amends regulation 4 of the principal regulations to clarify that, for certain purposes, a dependent child includes a child who is single and financially independent, but—

  • is 17 years of age or younger; or

  • is at least 18 years, but younger than 21 years, and has no children.

The regulations also amend the principal regulations to—

  • provide that an application for a temporary entry class visa for a working holiday scheme must be made online (unless the application is made by a working holiday scheme visa-holder applying for a further visa of the same kind):

  • provide that applications for temporary entry class visas for diplomatic and consular officials may be made either to an immigration officer or to the Protocol Division of the Ministry of Foreign Affairs and Trade (regardless of whether the application is made from New Zealand or overseas):

  • provide that certain applications may be made online if electronic forms have been made available on an Internet site maintained by or on behalf of the department:

  • reflect changes made to the immigration instructions relating to foreign crew on fishing vessels:

  • exempt persons who are using an automated electronic system when leaving New Zealand from presenting themselves to an immigration officer and completing an approved form:

  • reflect changes to certain visas for which application fees are listed in Schedule 4 of the principal regulations.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 March 2014.

These regulations are administered by the Ministry of Business, Innovation, and Employment.