Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2018

2018/180

Coat of Arms of New Zealand

Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 24th day of September 2018

Present:
Her Excellency the Governor-General 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 2018.

2 Commencement

These regulations come into force on 5 November 2018.

3 Principal regulations

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

4 Regulation 4C amended (Certain applicants exempt from paying immigration levy)

Revoke regulation 4C(d).

5 Regulation 31 replaced (People leaving New Zealand must complete approved form)

Replace regulation 31 with:

31 People leaving New Zealand must present identity document

(1)

Before leaving New Zealand, a person must present,—

(a)

to an immigration officer,—

(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 and departing on a commercial craft, the person’s passport, certificate of identity, military orders, or military identity card; or

(b)

to an automated electronic system, the person’s passport.

(2)

Subclause (1) does not apply to a person who—

(a)

is described in regulation 30(a), (b), or (c); or

(b)

is exempted by special direction.

6 New regulation 31A inserted (People leaving New Zealand may be required to present evidence of entitlement to travel)

After regulation 31, insert:

31A People leaving New Zealand may be required to present evidence of entitlement to travel

(1)

Before leaving New Zealand, a person may be required to present to an immigration officer evidence of the person’s entitlement to travel outside New Zealand (for example, their boarding pass or travel tickets).

(2)

Subclause (1) does not apply to a person who—

(a)

is described in regulation 30(a), (b), or (c); or

(b)

is exempted by special direction.

7 Schedule 4 replaced

Replace Schedule 4 with the Schedule 4 set out in Schedule 1 of these regulations.

8 Schedule 5 amended

In Schedule 5, after clause 7, insert:

8

A person who is—

(a)

a claimant; or

(b)

a refugee; or

(c)

a protected person.

9 Schedule 6 replaced

Replace Schedule 6 with the Schedule 6 set out in Schedule 2 of these regulations.

Schedule 1 Schedule 4 replaced

r 7

Schedule 4 Fees

r 4A

Regulation under which fee prescribedMatter for which fee prescribedFee (NZ$)
New ZealandPacificRest of world
Residence class visa
5(1) and (2)(e)(i)Residence class visa application—Skilled Migrant Category1,8801,6102,480
Residence class visa application—Investor Plus (Investor 1 Category)4,2404,1304,130
Residence class visa application—Investor (Investor 2 Category)4,2404,1304,130
Residence class visa application—Entrepreneur Residence Category3,3103,3103,310
Residence class visa application—Residence from Work Category970--
Residence class visa application—Family Category1,0701,0701,840
Residence class visa application—Parent Retirement Category3,3103,3103,310
Residence class visa application—Samoan Quota scheme820800-
Residence class visa application—Pacific Access Category890870-
Residence class visa application—Refugee Family Support Category670660920
Residence class visa application—any other residence category1,0701,0701,840
Residence class visa—application by holder or former holder of resident visa
6(1)(a) and (2)(d)(iiia)Permanent resident visa application by person holding resident visa210210210
6(1)(b) and (2)(d)(iiia)Permanent resident visa application by person who previously held resident visa210210210
6(1)(c) and (2)(d)(iiia)Resident visa application by person who previously held resident visa210210210
6(1)(c) and (2)(d)(iiia)Variation of travel conditions of visa by person holding resident visa210210210
Residence class visa—related matters
9(b)Notification of expression of interest in applying for residence class visa—Skilled Migrant Category (hard copy)680680680
Notification of expression of interest in applying for residence class visa—Skilled Migrant Category (online)530530530
Notification of expression of interest in applying for residence class visa—Investor 2 Category620620620
Notification of expression of interest in applying for residence class visa—Parent Category (hard copy)490490490
Notification of expression of interest in applying for residence class visa—Parent Category (online)380380380
Notification of expression of interest in applying for residence class visa—Pacific Access Category (first year of notification)858585
Notification of expression of interest in applying for residence class visa—Pacific Access Category (subsequent year of notification)353535
Temporary visa—visitor visa
10(1) and (2)(f)(i)Temporary visa application—visitor visa190150190
10(1) and (2)(f)(i)Temporary visa application—Retirement Category visitor visa3,3103,3103,310
Temporary visa application—group visitor visa per person (made offshore only): approved destination status (China)--30
Temporary visa application—group visitor visa per person: other505050
Temporary visa—student visa
10(1) and (2)(f)(i)Temporary visa application—student visa250200270
10(1) and (2)(f)(i)Temporary visa application—student visa (submitted by education provider)110--
Temporary visa—work visa
10(1)(a), 23AA(1) and (5)(e)Temporary visa application—work visa under Silver Fern Job Search immigration instructions410410410
10(1) and (2)(f)(i)Temporary visa application—work visa under Work Partnership/Work to Residence580580580
10(1) and (2)(f)(i)Temporary visa application—Entrepreneur Work Visa3,3102,8003,310
10(1)(a), 23AA(1) and (5)(e)Temporary visa application—work visa under working holiday scheme190-190
Temporary visa application—work visa under working holidaymaker extension190-190
Temporary visa application—work visa under any other category of immigration instruction440370440
Temporary visa—related matters
14(1)(c)(iii)Application for reconsideration of decision to decline further temporary visa220--
Limited visa
10(1) and (2)(f)(i)Temporary entry class visa application—limited visa: limited student visa250200270
Temporary entry class visa application—limited visa: limited visa for recognised seasonal employer310270310
Temporary entry class visa application—limited visa: any other category190150190
Transit visa
15(1AA) and (1)(d)(iia)Transit visa application160160160
Transit visa application—group Chinese nationals per person95-95
Other matters—applications or requests by employers and organisations
26AA(d)Request under immigration instructions by employer for approval in principle to recruit overseas workers440--
26AA(da)Request under immigration instructions by employer for approval in principle to recruit overseas workers under foreign crew of fishing vessels instructions5,630--
26AA(e)Request under immigration instructions for supplementary seasonal employment approval in principle290--
26AA(j)Recognised Seasonal Employer status960--
26AA(k)Agreement to recruit under Recognised Seasonal Employer work immigration instructions260--
26AA(daa)Labour hire company accreditation (Essential Skills Category immigration instructions)—first year of accreditation1,960--
Labour hire company accreditation (Essential Skills Category immigration instructions)—subsequent year of accreditation550--
26AA(dab)Reconsideration of application from labour hire company for accreditation (Essential Skills Category immigration instructions)220--
26AA(h)Employer accreditation (under talent work immigration instructions)—initial accreditation2,130--
Employer accreditation (under talent work immigration instructions)—subsequent accreditation600--
26AA(i)Reconsideration of application from employer for talent employer accreditation240--
26AA(ia)Entertainment industry accreditation (under specific purpose or events immigration instructions)—first year of accreditation1,960--
Entertainment industry accreditation (under specific purpose or events immigration instructions)—subsequent year accreditation550--
Other matters—general
26AA(a)Request for special direction220220220
26AA(b)Residence class visa granted under section 61 of Act960--
Temporary entry class visa granted under section 61 of Act410--
26AA(c)Application for variation of conditions imposed on any type of temporary entry class visa190190190
26AA(f)Call-out fee where office is opened outside normal working hours in order to process immigration matter320320320
26AA(g)Registration under Refugee Family Support Category100--
32(1)(a) and (3)(d)Confirmation of immigration status130130130
32(1)(b) and (3)(d)Transfer fee where visa stamp or label transferred from one passport or certificate of identity to another130130130
33(1AA) and (1)(e)(ia)First endorsement of New Zealand citizenship in foreign passport150150150
33(1AA) and (2)(e)(ia)Second or subsequent endorsement of New Zealand citizenship in foreign passport959595

Schedule 2 Schedule 6 replaced

r 9

Schedule 6 Immigration levy

r 4B

Category of applicantLevy (NZ$)
Applicant for group visitor visa15
Applicant for visitor visa: any other category21
Applicant for student visa25
Applicant for work visa55
Applicant for limited visa: limited visa for recognised seasonal employer15
Applicant for limited visa: limited student visa25
Applicant for limited visa: any other category21
Applicant for resident visa—Skilled Migrant Category830
Applicant for resident visa—Investor Plus (Investor 1 Category)830
Applicant for resident visa—Investor (Investor 2 Category)830
Applicant for resident visa—Entrepreneur Residence Category830
Applicant for resident visa—Residence from Work Category830
Applicant for resident visa—Employees of Relocating Business Category830
Applicant for resident visa—Family Category410
Applicant for resident visa—Pacific Access Category410
Applicant for resident visa—Parent Retirement Category410
Applicant for resident visa—Pitcairn Islanders410
Applicant for permanent resident visa—Family Category410
Applicant for permanent resident visa—Residence from Work Category830

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 5 November 2018, amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations).

Currently under regulation 4C(d) of the principal regulations, a person who is a claimant, refugee, or protected person is exempt from paying the immigration levy. This class of persons is also to be exempt from paying any prescribed fee. Regulation 4C(d) of the principal regulations is therefore revoked and reference to this class of person is included in Schedule 5 of the principal regulations, which specifies the people exempt from paying prescribed fees and the immigration levy (see regulations 4 and 8).

Currently, a person leaving New Zealand is required to complete an approved form (a departure card) and present it to an immigration officer or an automated electronic system. This requirement, in regulation 31 of the principal regulations, is removed, but new regulation 31 still requires a person leaving New Zealand to present identification (see regulation 5).

On occasion, it may be necessary to manually input a person’s travel information before the person leaves New Zealand (for example, if there is an electronic failure). To ensure that the necessary information can be captured, new regulation 31A provides that a person leaving New Zealand may be required to present evidence of their entitlement to travel (see regulation 6).

The fees payable for specified immigration applications are set out in Schedule 4 of the principal regulations. That schedule is replaced by a new Schedule 4 that revises the fee levels (see regulation 7).

The levies payable by certain categories of applicants are set out in Schedule 6 of the principal regulations. That schedule is replaced by a new Schedule 6 that revises the levies (see regulation 9).

The changes to the fees and levies address cross-subsidisation between various visa types and increased costs, and also provide funding to enhance border security and migrant protection.

Regulatory impact assessment

The Ministry of Business, Innovation, and Employment produced a regulatory impact assessment on 24 September 2018 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact assessment can be found at—

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 27 September 2018.

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