Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2017

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2017/52

Coat of Arms of New Zealand

Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2017

Patsy Reddy, Governor-General

Order in Council

At Wellington this 27th day of March 2017

Present:
The Right Hon Bill English presiding in Council

These regulations are made under sections 399 to 402 of the Immigration Act 2009—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Immigration made under section 403A(1) of that Act.

Regulations

1 Title

These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2017.

2 Commencement

These regulations come into force on 8 May 2017.

3 Principal regulations

These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations).

4 Regulation 4 amended (Interpretation)

In regulation 4(1), insert in its appropriate alphabetical order:

scheduled international service has the meaning given in section 96(4) of the Act

5 Regulation 5 amended (Application requirements)

(1)

In regulation 5(2)(d)(i), replace “or certificate of identity” with “(or a certified copy) or certificate of identity (or a certified copy)”.

(2)

After regulation 5(2), insert:

(2A)

An application must also comply with regulation 20(2A), if applicable.

6 Regulation 6 amended (Application requirements for holder or former holder of resident visa)

In regulation 6(2)(d)(ii), replace “or certificate of identity” with “(or a certified copy) or certificate of identity (or a certified copy)”.

7 Regulation 10 amended (Application requirements other than at immigration control area)

In regulation 10(2)(e)(i), replace “or certificate of identity” with “(or a certified copy) or certificate of identity (or a certified copy)”.

8 Regulation 20 amended (Applications involving family members)

After regulation 20(2), insert:

(2A)

However,—

(a)

if any dependent child of the applicant holds or has applied for a temporary entry class visa based on the child’s relationship to the applicant,—

(i)

an application for a residence class visa to which subclause (1)(a) applies must include that dependent child; and

(ii)

the name of any dependent child may not be removed from that application (whether by a variation of the application or the making of a new application) while the application is being processed, unless there is a change of circumstances that results in the child ceasing to be a dependent child; and

(b)

if the spouse or partner of an applicant holds or has applied for a temporary entry class visa based on the spouse or partner’s relationship to the applicant,—

(i)

an application for a residence class visa to which subclause (1)(b) applies must include the applicant’s spouse or partner; and

(ii)

the name of the spouse or partner may not be removed from that application (whether by a variation of the application or the making of a new application) while the application is being processed, unless there is a change of circumstances that results in the applicant’s spouse or partner ceasing to be his or her spouse or partner.

9 Schedule 3 amended

In Schedule 3, replace the item relating to aircraft crew on a commercial aircraft flying between any other country and New Zealand with:

Aircraft crew of an aircraft on a flight between any other country and New Zealand in the course of a scheduled international service

Temporary visa7 days (the first day being the day on which the aircraft first arrives in New Zealand)

Aircraft crew of a private or commercial aircraft on a flight between any other country and New Zealand that is not in the course of a scheduled international service

Temporary visa21 days (the first day being the day on which the aircraft first arrives in New Zealand)
10 Schedule 4 amended

In Schedule 4, under the heading Other matters—applications or requests by employers and organisations, item relating to regulation 26AA(h),—

(a)

replace “first year of accreditation” with “initial accreditation”:

(b)

replace “subsequent year accreditation” with “subsequent accreditation”.

11 Schedule 6 amended

In Schedule 6, after the item relating to applicant for resident visa—Pitcairn Islanders, insert:

Applicant for permanent resident visa—Family Category280
Applicant for permanent resident visa—Residence from Work Category580

Michael Webster,
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, which come into force on 8 May 2017, amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations).

Regulations 5, 6, and 10 are amended to enable a certified copy of an applicant’s passport or certificate of identity to be provided when identity documents are required to be submitted with an application for a visa (rather than requiring the original document to be submitted as is currently the case). Regulation 5 is also amended to provide that an application for a residence class visa must comply with the new requirement under regulation 20 relating to inclusion of family members.

Regulation 20 is amended to require an applicant for a residence class visa to include in the application any dependent child who holds or has applied for a temporary entry class visa based on the child’s relationship to the applicant, and any spouse or partner who holds or has applied for a temporary entry class visa based on the spouse or partner’s relationship to the applicant. The amendment to regulation 20 also provides that a dependent child or spouse or partner included in such an application cannot be removed from the application while the application is being processed, unless there is a change in circumstances that results in the child ceasing to be a dependent child or in the spouse or partner ceasing to be the applicant’s spouse or partner.

Schedule 3 is amended to replace the existing description of aircraft crew on a commercial aircraft flying between any other country and New Zealand with 2 new descriptions: one applying to aircraft crew of an aircraft on a flight between any other country and New Zealand in the course of a scheduled international service, and the other to aircraft crew of a private or commercial aircraft on a flight between any other country and New Zealand that is not part of a scheduled international service. A definition of scheduled international service is inserted in regulation 4 (which applies the definition in section 96(4) of the Act). The effect of these changes is to extend the period for which the crew of a private or commercial aircraft on an international flight that is not part of a scheduled international service are deemed to hold a temporary visa from 7 days to 21 days.

Schedule 4 is amended to reflect changes in the policy affecting accreditation of employers to hire foreign workers. The initial accreditation period is extended from 12 months to up to 2 years, and accreditation renewal periods are extended from up to 2 years to up to 5 years.

Schedule 6 is amended to add applicants for permanent resident visas, Family Category and Residence from Work Category, to the categories of applicant on whom an immigration levy is imposed. This amendment is to ensure that the immigration levy is payable on all substantive residence applications, whether the application leads to a resident visa or a permanent resident visa.

Regulatory impact statement

The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 25 August 2016 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 30 March 2017.

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