146 policy changesin New Zealand since 2010
Last refreshed September 27, 2026 · 19:00 UTC
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General Indexation of Immigration Wage Thresholds and Accredited Employer / Green List Settings
Updates the immigration median wage from NZD $33.56 to NZD $35.00 per hour across Immigration New Zealand instructions. Consequently adjusts indexed thresholds across work and skilled residence pathways: labour market testing / minimum skills advertising exemptions (adjusted to 2x median = NZD $70.00/hr), maximum stay thresholds for lower-skilled roles (1.5x median = NZD $52.50/hr), partner support wage criteria (Skill Levels 1–3 to NZD $28.00/hr; Skill Levels 4–5 to NZD $52.50/hr), Green List partner support threshold (NZD $35.00/hr), and adjustments to teaching pay steps under skilled residence.
Peak Seasonal Visa insurance may exclude specified conditions and events
From 19 April 2026, compliant Peak Seasonal Visa insurance may exclude pre-existing conditions, sexually transmitted infections, pregnancy and childbirth except certain complications, HIV-related illness, suicide or attempted suicide, and events involving alcohol or non-prescribed drugs. If an excluded event results in death, the policy may also exclude returning the body home. Private insurance remains required for employment longer than three months, with transition protection for applications already in progress.
Peak Seasonal Visa insurance no longer requires universal repatriation-of-remains cover
From 19 April 2026, Peak Seasonal Visa health insurance no longer has to cover repatriation of remains in every circumstance. Private health insurance remains required for employment longer than three months; applications already in progress may be considered under the updated requirements.
Standardization and Bifurcation of Open Work Visa Employment Conditions
Immigration New Zealand implemented a formal restructuring of employment conditions attached to open work visas. From this date, all newly granted open work visas are issued with one of two explicit employment condition profiles: Allowing Any Work (permits working for any employer, self-employment/sole trading, or owning/operating a business for partner and post-study work visa holders) or Requiring Work for an Employer (restricts holders to direct employment or a contract for services, prohibiting running a proprietary business or self-employment for working holiday visas, migrant exploitation protection, domestic violence, trafficking, and asylum seeker work visas).
Pacific Access and Samoan Quota dependent-child income threshold increased
The minimum annual income threshold for Pacific Access Category and Samoan Quota applicants with dependent children increases from NZD $54,133.04 to NZD $55,404.96 per year for applications from 30 April 2026.
Parent Boost applicant annual-income thresholds increased
For Parent Boost applications lodged on or after 30 April 2026, applicants using annual income to fund their stay must earn at least NZD 33,663.24 a year, or NZD 51,182.56 when including a partner.
Parent Boost applicant maintenance-funds thresholds increased
For Parent Boost applications lodged on or after 30 April 2026, applicants using personal funds to fund their stay must hold at least NZD 170,000 in a bank account, or NZD 260,000 when including a partner.
Parent Boost sponsor income schedule increased
For Parent Boost applications lodged on or after 30 April 2026, one sponsor must earn NZD 72,800 for one parent, rising by NZD 36,400 for each additional parent to NZD 254,800 for six; two sponsors must earn NZD 109,200 for one parent, rising to NZD 291,200 for six. Sponsors must meet the applicable minimum in two of the three completed New Zealand tax years before applying.
Parent Category sponsor income thresholds indexed to NZD 35 median wage
From 30 April 2026, Parent Category Resident Visa sponsorship income thresholds are updated to reflect the June 2025 median wage of NZD 35.00 per hour, up from NZD 33.56. Sponsors must meet the income threshold that applied for the chosen two 12-month periods during the 3 years before the Expression of Interest was selected. People who have already applied under the Parent Category Resident Visa are not affected.
Active Investor Plus Visa Philanthropy Option Added to Growth Category
Growth Category applicants under the Active Investor Plus (AIP) Visa can now count philanthropic gifts towards up to 20% of their total investment (capped at NZD $1 million). The remaining 80% (NZD $4 million minimum) must still be invested in acceptable higher-growth assets.
AEWV English requirement extended to skill-level 3 occupations
From 1 June 2026, Accredited Employer Work Visa (AEWV) minimum English language requirements will apply to ANZSCO and NOL skill level 3 occupations. Global Workforce Seasonal Visa and Peak Seasonal Visa AEWV applications are not required to meet the minimum standard of English, and the requirement does not apply to Job Change applications. People with an AEWV whose visas expire on or before 1 December 2026 will be exempt from the new English language requirement when applying for a further AEWV at skill level 3. People on an AEWV who have already provided evidence that they can speak and understand English as part of a previous AEWV application will also be exempt. Migrants who apply for an AEWV at skill level 3 from 1 June onwards will need to meet the new English language requirements, even if their employer received a job check token before 1 June 2026.
English Language Requirements Extended to AEWV Skill Level 3 Roles
Immigration New Zealand has expanded the baseline English language requirement to include all Accredited Employer Work Visa (AEWV) applications categorized under Skill Level 3 of the ANZSCO and NOL. Applicants must now demonstrate basic English proficiency equivalent to an IELTS score of 4.0, subject to specific transitional exemptions for current visa holders.
Pacific visitor visa fee temporarily reduced for 12 months
For 12 months starting from 1 June 2026, the total visitor visa cost for eligible nationals of 13 Pacific countries applying outside New Zealand is reduced from NZD $216 to NZD $161, which includes the standard immigration levy of NZD $41. Parent Boost Visitor Visa and Group Visitor Visas are excluded from this reduction.
Requirement for Upfront Police Certificates for Student and Temporary Visas
Immigration New Zealand now requires applicants to submit required police certificates at the time of application submission. Receipts or confirmation of application will no longer be accepted. Failure to provide the certificate may result in the application being declined or receiving a significantly restricted visa duration.
Business Investor Work Visa Policy Updates
Immigration New Zealand has updated the Business Investor Work Visa policy to expand investment criteria. Key changes include allowing investments in franchise businesses, enabling investments to be made through New Zealand resident entities instead of requiring direct personal ownership, and permitting the use of gifted capital provided the funds were lawfully acquired.
Occupational English Test must be completed in person
From midnight 12 July 2026 New Zealand Standard Time (NZST), all parts of the Occupational English Test (OET) used for an immigration application must be completed in person at a supervised test centre, and online testing from home is not permitted. Computer-based OET tests with a remotely administered speaking component completed before 13 July 2026 remain acceptable. OET@Home is not an acceptable English language test and has never been accepted.
Improvements and Flexibility for the Pathway Student Visa (PSV)
New Zealand announced updates to the Pathway Student Visa to increase flexibility. Changes include removing the requirement for Year 12 and 13 students to specify an exact tertiary discipline upfront, allowing usage for NZQCF Levels 1 to 4 (including foundation and vocational programs), and extending the maximum English language study duration for first-time holders from 20 to 30 weeks.
Pathway Student Visa Flexibility and Condition Amendments
Immigration New Zealand introduced operational manual amendments to the Pathway Student Visa (PSV) instructions. First, Year 12 and 13 secondary school applicants are no longer locked into a specific tertiary course/discipline; conditions only specify the tertiary qualification level and approved education provider. Second, the PSV scope is expanded to cover study pathways leading to, or moving between, NZ Qualifications and Credentials Framework (NZQCF) Levels 1 through 4. Third, maximum allowable preparatory English language study for first-time PSV holders progressing to NZQCF Levels 1–8 was extended from 20 to 30 weeks.
Hepatitis B and C removed from resident-visa high-cost health list
For resident-visa applications submitted on or after 3 August 2026, hepatitis B and hepatitis C no longer cause an automatic finding that the applicant lacks an acceptable standard of health. Applicants must still meet New Zealand's health requirements and are assessed on their individual medical circumstances.
Skilled Migrant Category (SMC) Three-Pathway Restructuring, Wage Threshold Anchor, and Overseas Evidentiary Instructions
Restructures the Skilled Migrant Category into three distinct residence pathways (Points-based, Skilled Work Experience, and Trades and Technician pathways), introduces wage threshold anchoring tied to the start of skilled work experience accrual, and adjusts evidentiary requirements for overseas work experience. Phase scope: Operative across all SMC residence applications lodged on or after 24 August 2026.
Authorisation of Remote Work on Visitor Visas and NZeTA
Amends visitor visa conditions to permit foreign visitors and electronic travel authority (NZeTA) holders to work remotely for an offshore employer while residing temporarily in New Zealand, provided they do not provide goods or services to domestic businesses or engage in local on-site employment.
Electronic Travel Authority (ETA) Advance Request for Cargo and Cruise Crew
Commenced Part 4 of Schedule 1AA to permit individuals who are required to hold an Electronic Travel Authority (ETA) on or after 1 April 2025 (specifically cargo ship crew, positioning cargo crew, and passengers) to request and be issued an ETA in advance starting from 3 February 2025.
Accredited Employer Work Visa (AEWV) March 2025 Overhaul
Eliminates the mandatory median wage threshold for AEWV and Specific Purpose Work Visa recruits, reduces the minimum relevant prior work experience requirement from three years to two years, and extends visa duration for ANZSCO Level 4 and 5 roles to three years. Concurrently increases the annual income threshold required to support dependent children to NZD 55,844.
Tightening Health Criteria for Dependent Children of Temporary Visa Holders
Strengthens standard health requirements for dependent children accompanying temporary work, student, or military visa holders, making children with severe developmental disorders or severe cognitive impairments requiring significant support ineligible for student or visitor visas unless a formal medical waiver is approved.
Active Investor Plus Visa Category Restructure
Overhauled the Active Investor Plus resident visa settings by introducing Growth and Balanced investment categories, reducing investment thresholds, broadening acceptable asset classes, removing the English language requirement, and lowering physical presence requirements.
Mandatory ETA Requirement for Cargo Ship Crew and Passengers
Amended visa waiver conditions to classify cargo ship passengers, cargo ship crew members, and crew members of ships carrying coastal cargo as visa waiver travellers who must hold an ETA (or be exempt) to travel to and enter New Zealand.
Addition of Timor-Leste to the Recognised Seasonal Employer Scheme
Timor-Leste is added to the list of eligible countries able to participate in the Recognised Seasonal Employer (RSE) scheme starting 28 April 2025. Employers in the horticulture and viticulture industries are eligible to recruit citizens of Timor-Leste to work in New Zealand. Applicants from Timor-Leste must have the same health requirements as all other RSE applicants, and because Timor-Leste is not on the list of countries with a low incidence of tuberculosis, applicants are required to provide a chest X-ray certificate with their application.
Relaxation of Certified Translation Mandate for Visitor Visa Applications
Amends Operational Manual instructions (A13.5 and E4.65) to remove the compulsory requirement for certified translations of foreign-language supporting documents submitted with visitor visa applications (except for medical and police clearance certificates), permitting regular translations accompanied by translator credentials.
Alignment of Temporary Entry Decline Reasons and Natural Justice Standards
Revises Operational Manual instructions (E7.16 and A1.5/A1.15) regarding the documentation of decline decisions on temporary entry visa applications to closely align decision notices with Section 27 of the Immigration Act 2009 and formalize operational natural justice procedures.
Addition of 10 Trade Occupations to the Green List Work to Residence Pathway and Median Wage Threshold Update
Adds 10 trade occupations to Tier 2 (Work to Residence) of the Green List (Metal Fabricator, Metal Machinist (First Class), Fitter (General), Fitter and Turner, Fitter Welder, Pressure Welder, Welder, Panel Beater, Vehicle Painter, and Paving Plant Operator), allowing eligible workers with 24 months of relevant New Zealand work experience to apply for residence subject to specific wage thresholds ($43.63/hour for fabrication/machinist/welder/fitter trades and $38.59/hour for paving/panel beating/vehicle painting), while updating the general skilled residence median wage threshold to $33.56/hour. Phase scope: National implementation across Skilled Residence instructions (Work to Residence, Straight to Residence, and Skilled Migrant Category)
Introduction of Parent Boost Visitor Visa Prescribed Fees and Levies
Prescribes the application fee ($1,940 standard / $1,390 Pacific band), compliance check fee ($325 standard / $240 Pacific band), and immigration levy ($1,060) for the Parent Boost visitor visa.
Introduction of the Parent Boost Multiple-Entry Visitor Visa
Introduces a new multi-entry visitor visa stream ("Parent Boost Visa") allowing parents of New Zealand citizens and permanent residents to reside in New Zealand for up to 5 continuous years per visa (extendable to a maximum aggregate stay of 10 years), subject to meeting comprehensive health insurance and adult child sponsorship criteria.
Implementation of National Occupation List (NOL) Skill Level 1–3 Classifications for Accredited Employer Work Visa (AEWV) Instructions
Immigration New Zealand updated immigration instructions under the Accredited Employer Work Visa (AEWV) programme to recognise 87 new occupations categorized at Skill Levels 1 to 3 under the National Occupation List (NOL). This allows accredited employers to submit Job Checks and hire migrants under the AEWV for these newly recognised roles, giving eligible workers access to maximum stays of up to 5 years and the ability to support family visas. Phase scope: Phase 1 rollout of the National Occupation List incorporating 87 Skill Level 1 to 3 roles into AEWV and SPWV assessment.
Adjustment of Immigration Levy for Business Investor Work Visa
Amends the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2025 to require that the immigration levy to be paid by an applicant for a Business Investor work visa is $1,060, replacing the figure of $3,570.
Immigration Employment Infringement Scheme
An infringement scheme was introduced allowing immigration authorities to issue infringement notices to employers who commit immigration violations such as allowing unauthorized persons to work, employing persons inconsistently with visa conditions, or failing to provide requested documents.
Changes to the Accredited Employer Work Visa (AEWV) for employers and visa applicants
Imposed higher work experience and qualification requirements, set English language standards for applicants in ANZSCO skill level 4 and 5 roles, and shortened the maximum continuous stay for certain roles.
Expansion of Open Work Rights for Partners of Students in Green List Programmes
Expanded eligibility for Partner of a Student Work Visas to spouses/partners of students enrolled in Level 7 or 8 degree programmes tied directly to Green List occupational registrations.
Disestablishment of AEWV Franchisee Category
Immigration New Zealand closed the franchisee-specific employer accreditation pathway. Franchisee employers seeking to hire migrant workers must now apply under standard, high-volume, or triangular employment accreditation when renewing.
Fijian citizens granted a New Zealand transit-visa waiver
Amends Schedule 1 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 to add Fiji to the list of countries to which a waiver of the requirement for a transit visa applies. The effect of this amendment is that Fijian citizens are not required to hold a transit visa before travelling to and being in New Zealand as transit passengers.
International Visitor Conservation and Tourism Levy (IVL) Increase
Increased the mandatory non-refundable International Visitor Conservation and Tourism Levy (IVL) from NZD$35 to NZD$100 per eligible person across tourist visa streams and NZeTA applications.
Maximum Duration Extension for Visas Granted to Partners of New Zealanders
The maximum duration for partnership work and visitor visas granted to partners of New Zealand citizens or residence-class visa holders who have cohabited for at least 12 months was extended from 2 years to 3 years to align with other temporary partnership durations and allow sufficient time to transition to residence.
Part-Time Work Rights for Migrant School Leavers Awaiting Residence
Permitted dependent children aged 17–24 holding visitor visas who are included in a pending family residence or skilled residence application to access part-time work rights (up to 20 hours/week during term; 40 hours/week during holidays) via a Variation of Conditions.
Vietnam Working Holiday Scheme Quota Increase
Doubled the annual statutory intake cap under the Vietnam Working Holiday Scheme from 100 places to 200 places upon the scheme reopening on 24 October 2024.
Removal of the Second Migrant Exploitation Protection Work Visa (MEPV) and Refinement of Exploitation Scope
Disestablished the ability for migrants on an initial MEPV to obtain a second 6-month MEPV extension, restricting the visa to a single non-renewable grant of up to 6 months. In addition, the definition of migrant exploitation was tightened to require a direct link to a genuine employment relationship, expressly excluding lawful redundancies and unrecovered wages resulting solely from formal corporate liquidations.
Post Study Work Visa Instructions Amendment (Consecutive Enrolments & Eligible Qualifications Expansion)
Amended immigration instructions WD3 to allow students who complete a 30-week Postgraduate Diploma (PGDip) and directly progress to a Master's degree to retain PSWV eligibility based on their PGDip studies (with a 12-month window from initial student visa expiry to apply); removed the requirement for secondary school teachers to hold specialised bachelor's degrees in STEM/Pacific languages; added Graduate Diplomas leading to Teaching Council registration for primary and intermediate teachers; and added the New Zealand Diploma in Engineering (Level 6, Mechanical strand) to eligible qualifications. Phase scope: Entire PSWV instruction set
Adoption of Updated Annual Median Wage Threshold ($29.66/hour)
Increased the baseline median wage requirement across temporary and residence visa streams (including the Accredited Employer Work Visa, sector agreements, and Green List pathways) from NZD $27.76 to NZD $29.66 per hour.
Expansion of the Victims of Family Violence Work Visa Access
Expanded eligibility for the Victims of Family Violence Work Visa (a 6-month open work visa) to include holders of partner-based temporary visas linked to temporary migrant workers, who were previously excluded.
Implementation of Transport Sector Agreement Median Wage Exemption for Bus Drivers
Implemented the Accredited Employer Work Visa (AEWV) wage exemption under the Transport Sector Agreement, allowing accredited employers to recruit eligible bus drivers at a minimum wage rate of NZD $28.00 per hour (below the standard median wage threshold of $29.66/hr), provided the operators have signed the All Parties MoU or provide Ministry of Education-funded school bus services.
Update to Parent Category Sponsor Minimum Income Thresholds
Updated the minimum income thresholds required for sponsors in the Parent Category Resident Visa (Operational Manual instruction F4.35) based on the median wage of NZD $29.66 per hour ($61,692.80 p.a.), establishing the baseline single sponsor requirement for one parent at NZD $92,539.20 (1.5x median wage).
Implementation of Conditioned Partner Work Rights
Replaced open work rights for partners of most temporary migrant workers (holding Accredited Employer Work Visas or Essential Skills Work Visas) with conditioned work rights requiring employment with an accredited employer and pay at or above the median wage, while preserving open work rights for partners of Green List workers or high earners (≥2x median wage).
Official mobile-app channel enabled for online immigration applications
From June 21, 2023, immigration applications that could or had to be made online under regulations 23A and 23AA could use electronic forms in an official mobile application as an alternative to the existing website channel. The mobile application had to be made available and maintained by or on behalf of the Department. The change applied where electronic forms were provided for the relevant application; it did not require every immigration application to be made online.
Online applications for entry permission legally enabled
From June 21, 2023, an application for entry permission at a New Zealand immigration control area could be made online when an electronic form was provided on an official website or mobile application. Each application had to concern one person and could use English or another language enabled by the form. To complete the application, the applicant had to provide a passport or certificate of identity and evidence of any visa to an immigration officer, or a passport and visa evidence to an automated system. An officer or system could still require an interview, further evidence or a medical examination.
Online visa applications expanded at immigration control areas
From June 21, 2023, online applications were permitted, when official electronic forms were available, for second or subsequent resident visas at an immigration control area, resident visas for Australian citizens or permanent residents at an immigration control area or port, and temporary-entry visas at an immigration control area. Each application concerned one person and could use English or another language enabled by the form. Applicants had to give their passport or certificate of identity to an officer to complete the application; applicants in the Australian-resident-visa and temporary-entry groups could instead present their passport to an automated system.
Skilled Migrant Category expression-of-interest fees removed
From September 7, 2023, New Zealand removed prescribed fees for Skilled Migrant Category expressions of interest, whether submitted online or in hard copy. The same amendment prescribed equal residence-application fees for online and hard-copy Skilled Migrant Category applications. It also clarified that an expression-of-interest fee need not always be prescribed.
Immigration Online Enhancements & Automated Electronic Decision-Making Instructions
INZ implemented instructions to support the migration of visitor visa products to the enhanced Immigration Online system. This introduced provisions setting out circumstances where automated electronic processing and decision-making may determine that criteria are met to grant visitor visas under V2/V3 instructions or refer cases to manual officer assessment. It also created general processing instruction A16.3 under s26(4) of the Immigration Act 2009.
Staged early access to the 2021 Resident Visa for eligible Phase 2 applicants
From February 21, 2022, eligible Phase 2 applicants with a Skilled Migrant Category Expression of Interest in the pool submitted on or before September 29, 2021 could apply according to a staged schedule. The first cohort had submitted its Expression of Interest by April 30, 2020; later cohorts opened on successive dates through March 1. Applications lodged before the relevant cohort opening date had to be declined. Other 2021 Resident Visa eligibility requirements still applied.
General Phase 2 opening of the 2021 Resident Visa
From March 1, 2022, the 2021 Resident Visa category opened generally to eligible Phase 2 applicants. Phase 2 comprised applicants outside the specified Phase 1 groups; some applicants with qualifying Skilled Migrant Category Expressions of Interest had received staged early access under S6.5.15. The opening enabled applications, subject to the category eligibility requirements, rather than automatic residence grants.
Border Reconnection Step 3: Entry for Offshore Temporary Visa Holders, Australian Travelers, and Student Cohort 4 Border Exception
Commenced Step 3 of the Reconnecting New Zealanders framework, reopening the border without managed isolation and quarantine (MIQ) requirements to offshore holders of valid temporary work and student visas who could satisfy visa travel conditions, Australian citizens and permanent residents, and border class exceptions for up to 5,000 international students for semester two (Cohort 4) and up to 250 Pacific Manaaki scholars. Phase scope: Step 3 of the 5-step Reconnecting New Zealanders border plan
2021 Resident Visa eligibility preserved for specified special-direction visa holders
From May 9, 2022, the eligible-visa provisions for the 2021 Resident Visa included visas granted by ministerial special direction under section 61A with a start date of March 10 or May 9, 2022, provided the holder had held an eligible visa listed in S6.10.1(i) immediately beforehand. For consecutive special-direction visas starting on both dates, the prior-visa test looked back to the visa held before March 10. The category’s other eligibility requirements still applied.
Operational Manual Amendments to Refugee Family Support Category & Duration of Sponsorship (Amendment Circular No. 2022-38)
Amendments to immigration instructions S4.10 (Refugee Family Support Category) and R4.20 (Duration of sponsorship period). Sets the annual RFSC places at 600 per year (from 1 July to 30 June) and updates registration rules for Tier 1 and Tier 2 queues. Amends general residence instructions (R4.20) to reflect section 55(2A) of the Immigration Act 2009 by clarifying that sponsorship undertakings for residence class visas must specify a duration not exceeding 10 years.
Refugee Family Support registration, visa fees and immigration levy waived
From July 1, 2022, New Zealand removed the prescribed Refugee Family Support Category registration fee and residence-class visa application fee, and exempted visa applicants under that category from the immigration levy.
Offshore visa-application exception extended to families of work-visa applicants
From July 4, 2022, spouses, partners and dependent children of work-visa applicants were added to the exceptions from New Zealand’s temporary suspension on offshore temporary-entry visa applications. This removed the application suspension for those family applicants; it did not itself grant them visas.
Immigration fee and levy schedules revised
At 11:59 pm on July 31, 2022, New Zealand replaced the prescribed immigration-fee schedule and amended the immigration-levy schedule. The revised schedules changed charges across visa categories and immigration services. They also removed the fee for student-visa applications submitted by an education provider, a channel that had been discontinued.
Operational Commencement of the Green List "Straight to Residence" Resident Visa
Under the Immigration Rebalance framework, the Green List "Straight to Residence" pathway opened for resident visa applications. Eligible migrants working in Tier 1 Green List occupations (or holding an offer of employment from an accredited employer) can apply directly for New Zealand permanent residency without the previous two-year waiting period required for Tier 2 roles.
Annual Cap Increase for the Recognised Seasonal Employer (RSE) Scheme
The Government approved a 3,000-place increase to the Recognised Seasonal Employer cap, expanding the total seasonal quota from 16,000 to 19,000 places for the 2022/2023 season to alleviate acute horticulture and viticulture labour shortages.
Restart and Policy Restructuring of the Parent Resident Visa Category
Restarted the Parent Resident Visa category with lower income requirements for sponsors (1.5 times the median wage), allowed two adult children to combine income for sponsorship, increased the annual cap from 1,000 to 2,500 visas, and introduced a ballot selection system alongside a queue for existing EOIs. Phase scope: Immediate restart on 12 October 2022; EOI queue selection resumed 14 November 2022.
Prioritisation Rules for Onshore and Quarantine-Free Travel (QFT) Zone Visa Processing
Amended general instructions regarding the order and priority of processing visa applications, giving first priority to applicants residing in and lodging from onshore New Zealand or Quarantine-Free Travel zones, and deprioritising standard offshore applications.
Temporary-visa applications allowed from former quarantine-free travel zones
From May 7, 2021, people who were in, and intended to travel from, a country or territory that had ceased to be a COVID-19 quarantine-free travel zone were excepted from New Zealand’s suspension of offshore temporary-entry visa applications. The change allowed those people to apply; it did not itself grant a visa.
Exclusion of Overnight Hours from Wage Calculations for Essential Skills and SMC Visas (Amendment Circular No. 2021-15)
Amends instructions SM6.20 and WK3.5.1 regarding the calculation of hourly remuneration by allowing certain hours worked overnight while sleeping to be excluded from hourly rate calculations for Essential Skills work visas and Skilled Migrant Category residence visas, provided that: (i) for any hours an applicant is sleeping, they are paid at or above the minimum wage; (ii) for any hours an applicant is required to perform their duties, they are paid at least their normal rate; (iii) the applicant works a minimum of 30 hours per week at their normal rate; and (iv) the applicant works in the Aged, Residential Care or Disability Care industry. These instructions may also be applied to any work visa application under Essential Skills work instructions that has not been decided and was submitted before the effective date.
Closure of Talent and Long Term Skill Shortage List Work Visas
The Talent (Accredited Employer) Work Visa and the Long Term Skill Shortage List Work Visa were closed to new applications. This change retired these pathways to make way for the new unified Accredited Employer Work Visa framework.
Restriction of Compassionate Border Entry Exceptions
Amended border exception instructions under Critical Purpose Visas to specify that compassionate entry requires exceptional familial or medical grounds inside New Zealand, explicitly excluding general humanitarian crises occurring outside New Zealand from compassionate consideration.
General Instructions on Order and Manner of Processing Residence Applications (Amendment Circular 2020/4)
Re-stratified priority queues for processing residence-class visa applications under section 26(4) of the Immigration Act 2009, giving first priority to Christchurch Response (2019) Category, Skilled Migrant Category with job offers (prioritizing those with twice the median wage or occupational registration), all business categories, Residence from Work Category (prioritizing those with twice the median wage or occupational registration), Refugee Policy, and specific Partnership and Dependent Child applications; second priority to other Partnership and Dependent Child applications; and third priority to the Parent Category.
Reopening and Restructuring of the Parent Category Residence Instructions
Immigration New Zealand officially reopened the Parent Category for Expressions of Interest under substantially revised criteria, establishing new sponsorship requirements, English language standards, and median wage-based minimum income thresholds.
Relaxation and Short-Term Variation of Visa Conditions for Essential Services (Amendment Circular 2020-16)
Implements temporary COVID-19 response measures allowing immigration officers to grant a variation of conditions for student and work visa holders to support essential businesses operating during Alert Level 4. Student visa holders employed on 16 April 2020 may be granted full-time work rights. Employer-specific work visa holders may be varied to work in any occupation for that same employer. Work visa holders may be varied to work for a different employer in the same region in the same occupation. The duration of the variation applies while New Zealand is at Alert Level 3 or 4 and for a period of six weeks after a shift to Level 2 or below. Employers must submit a request including a declaration confirming operation during Alert Level 4, meeting essential service criteria from covid19.govt.nz, worker agreement, and adherence to minimum employment standards.
Special Direction: Grant of Resident Visas to Offshore Persons with Expired Travel Conditions
Granted a new resident visa with a 12-month travel condition to offshore individuals whose resident visa travel conditions had expired between 2 February 2020 and 11 September 2020 due to international border closures, allowing them 12 months to enter New Zealand.
Special Direction: Imposition of Mandatory COVID-19 Public Health Compliance Visa Condition
Imposed an express condition on all temporary entry class visa holders in New Zealand who received their visas on or before 18 March 2020 requiring compliance with section 11 orders under the COVID-19 Public Health Response Act 2020 and medical officer instructions, making non-compliance a ground for deportation liability.
Special Direction: Variation of Travel Conditions for Offshore Resident Visa Holders
Extended the travel conditions by 12 months for offshore resident visa holders whose current travel conditions were due to expire within 12 months of the direction being made.
Special Direction: Automatic Grant of Supplementary Seasonal Employment (SSE) Visas
Automatically granted Supplementary Seasonal Employment (SSE) Work Visas to onshore holders of Working Holiday Scheme and certain temporary visas expiring between 1 October 2020 and 31 March 2021, providing seasonal horticulture and viticulture work rights without requiring a separate application. Phase scope: Onshore temporary visa holders whose visas were expiring between 1 October 2020 and 31 March 2021
Establishment of the Christchurch Response (2019) Permanent Residence Category
Created a dedicated permanent residence pathway (Operational Manual Section S4.30) offering permanent resident visas and fee/health waivers to individuals based in New Zealand directly affected by the 15 March 2019 Christchurch mosque attacks and their eligible family members. Phase scope: Applications lodged on or before 23 April 2021
Recognised Seasonal Employer (RSE) Scheme Cap Increase to 14,400
Increased the annual administrative quota limit for the Recognised Seasonal Employer (RSE) scheme from 12,850 to 14,400 places for the seasonal horticulture and viticulture workforce intake.
DPRK nationals restricted from obtaining New Zealand work authorisations, with contract and exemption safeguards
From 4 January 2018, new regulation 46A made a national of the Democratic People’s Republic of Korea ineligible to obtain a visa or other authorisation entitling that person to work in New Zealand, which the regulations define to include Tokelau. The restriction does not apply to an authorisation implementing a written contract made before adoption of UN Security Council resolution 2375 on 11 September 2017, or an authorisation approved in advance by the Committee established under paragraph 12 of resolution 1718. The existing general ministerial-consent provision also disapplies a prohibition for an activity to which the Minister of Foreign Affairs consents, but consent is permitted only where the Minister is satisfied that the activity is justified on humanitarian grounds or is not inconsistent with the resolutions’ objectives. New regulation 54A additionally disapplies a prohibition where the Committee exempts the activity from the resolutions’ measures. This introduced a work-authorisation eligibility restriction absent from the immediately preceding principal regulations; it does not establish automatic cancellation of existing visas or a new universal deportation requirement. The pre-existing designated-person entry/transit and specified-person deportation provisions are separate and are not counted again.
Level 8 student partner work eligibility restricted to shortage qualifications
From November 26, 2018, the ordinary partner-work eligibility rule required a level 8 student’s qualification to be specified on the Long Term Skill Shortage List at the time of the partner’s work visa application. The earlier rule had allowed partners of students studying postgraduate qualifications without this restriction. Level 9 and 10 study remained a qualifying route. The separate WF4.5 provisions and other general requirements continued to apply.
November 2018 remuneration thresholds revised for Skilled Migrant and Essential Skills categories
From 26 November 2018, INZ increased the remuneration thresholds used in the Skilled Migrant Category (SMC) and Essential Skills employment assessment. For SMC, the ANZSCO skill-level 1–3 skilled-employment threshold rose from NZ$24.29 to NZ$25.00 an hour, and the skill-level 4–5 or non-ANZSCO threshold from NZ$36.44 to NZ$37.50. The threshold for 20 high-remuneration bonus points rose from NZ$48.58 to NZ$50.00. For Essential Skills, the new bands were higher-skilled at NZ$37.50 or more regardless of ANZSCO level; mid-skilled at NZ$21.25–37.49 inclusive for levels 1–3; and lower-skilled below NZ$21.25 regardless of level, or below NZ$37.50 for levels 4–5. The preceding Essential Skills instructions used NZ$20.65 as the lower threshold, mid-skilled NZ$20.65–36.43 inclusive for levels 1–3, and higher-skilled remuneration of NZ$36.44 or more. Hourly rates are calculated from annual salary by dividing by 52 and weekly hours; the maximum hours are used where a range is supplied. Both sets of instructions retain the requirement that each hour must be paid at or above the relevant threshold. The SMC per-activity exception remains: a worker outside ANZSCO levels 1–3 with a lower contractual hourly rate can meet the NZ$37.50 threshold through qualifying per-activity pay, supported by at least two prior years in the same occupation in New Zealand averaging at least that hourly amount and 30 hours a week in each year. Time-based, commission, incentive/productivity and piece-rate payments do not qualify for that exception. Remuneration includes qualifying agreed deductions and accommodation value or allowance, but excludes other employment allowances and performance-dependent bonuses. These are remuneration-assessment changes within the existing categories, not new visa routes.
Post-study open work visa conditions and durations revised
From November 26, 2018, qualifying graduates could receive open post-study work visas permitting work for any employer, in any occupation and location, subject to the general conditions. A level 7 bachelor’s degree or level 8–10 qualification studied full-time for at least 30 weeks in New Zealand qualified for three years. Eligible lower-level and non-degree level 7 qualifications generally qualified for one year, or two years where qualifying study was completed entirely outside Auckland by December 31, 2021. Eligible Graduate Diploma holders working towards registration could obtain an additional year subject to the specified registration requirements. Transitional instructions provided longer entitlements for eligible existing students and visa holders; existing employer-assisted visa holders could apply to remove employer and occupation conditions.
Application of Criminal Records (Clean Slate) Scheme to Character Checks for Supporting Partners in Partnership Category Applications
Establishes that immigration officers assessing the character requirement for partners supporting Partnership Category applications must not request, require, or use information regarding a supporting partner's New Zealand convictions if covered by the Criminal Records (Clean Slate) Act 2004, unless the partner voluntarily discloses them. Phase scope: Operative from 8 May 2017 across all partnership residence category applications.
Introduction of the South Island Contribution Work Visa (WR7)
Introduced the temporary work visa stage of the South Island Contribution pathway (WR7). Essential Skills work visa holders who had completed at least 5 years of full-time, lawful employment in the South Island between 22 May 2012 and 22 May 2017, were 55 years of age or younger, and met character and health requirements became eligible for a work-to-residence visa tied to employment in a specific South Island region and industry.
RW8 Residence instructions for holders of work visas granted under South Island Contribution work instructions
Introduced a new residence class visa pathway for holders of work visas granted under the South Island Contribution work instructions, provided they have held the visa for at least 24 months and meet ongoing employment criteria.
Essential Skills Work Visa Remuneration Thresholds and Duration Adjustments
Introduced a maximum cumulative stay of three years for lower-skilled or below-median-wage workers on Essential Skills Work Visas, requiring a 12-month stand-down period outside of New Zealand thereafter.
SM3.5 Skilled Migrant Category requirements
Restructured the points system and requirements for the Skilled Migrant Category residence visa, establishing new criteria for applications made on or after 28 August 2017.
Recognised Seasonal Employer Scheme Cap Increase (December 2017)
Raised the national administrative cap on the number of temporary visas that can be granted under the Recognised Seasonal Employer (RSE) scheme for the 2017/18 season by 600 places, increasing the quota from 10,500 to 11,100 workers.
Pathway English-course 16-week limit narrowed to specified applicants
Instructions effective February 4, 2016 limited the requirement to complete the initial English-language programme within 16 weeks to first-time Pathway Student Visa students who had submitted the English test required by U14.5.1(c): applicants from countries with a student-visa decline rate greater than 20 percent on an English-to-NZQF-level-5–8 pathway. The corresponding breach provision was narrowed to that group. The separate requirement to begin a subsequent pathway programme within 16 weeks of completing the earlier programme remained.
Pathway Student Visa English-test requirement narrowed by country decline rate
Instructions effective February 4, 2016 limited the specific initial English-test requirement to first-time Pathway Student Visa applicants from countries with a student-visa decline rate greater than 20 percent whose pathway began with English study and culminated in an NZQF level 5–8 qualification. These applicants had to submit IELTS or an accepted equivalent and show they needed an improvement of no more than 0.5 IELTS overall band to meet the subsequent programme prerequisite. The rule previously covered pathways to levels 5–7 without that country-rate limitation. Other student-visa and programme-entry requirements remained applicable.
Capped Family allocation set at 4,000 places for the two-year residence programme
Instructions effective October 12, 2016 allocated 4,000 Capped Family approval places within the New Zealand Residence Programme for July 1, 2016 to June 30, 2018. This covered Parent, Sibling and Adult Child applications lodged on or before May 16, 2012, and Parent Category applications lodged after that date. The circular described this as a reduction to 2,000 places per year. The separate suspension of Parent Category EOI selections is represented by its existing record and is not counted again here.
Immigration New Zealand Operational Manual
Immigration New Zealand updated its operational manual to suspend selections of Expressions of Interest for the Parent Category resident visa.
Skilled Migrant automatic EOI selection threshold set at 160 points
Instructions effective October 12, 2016 set automatic selection from the Skilled Migrant Category Expression of Interest pool at 160 points. The previous route for selecting EOIs with more than 100 but fewer than 140 points and New Zealand employment was removed. Entry to the pool still required at least 100 points and the health, character, English-language and age prerequisites. Selection did not guarantee an invitation to apply or residence. The Minister could adjust the automatic-selection mark by certifying amended residence instructions.
Skilled Migrant English-language evidence alternatives tightened
From October 12, 2016, Skilled Migrant English-evidence alternatives were restricted to specified citizenship and qualification routes. Citizenship of Canada, Ireland, the UK or the US required at least five years of work or education in those countries, Australia or New Zealand. A recognised level-7 bachelor-equivalent qualification required at least two academic years of study in those six countries; a recognised level-8-or-higher qualification required at least one academic year. Officers could still require IELTS: at least 6.5 overall for principal applicants and 5 for relevant non-principal applicants, with results no more than two years old when the application was lodged. Relevant partners and dependent children aged 16 or older could instead pre-purchase ESOL, except where the higher partner-points requirements applied. Specified earlier evidence remained available case by case for applications invited on or before October 11. The Parent Category English standards were unchanged.
Establishment of the Global Impact Visa (GIVs) Pilot Programme
Establishes a four-year pilot programme capped at 400 visas offering a work-to-residence pathway for entrepreneurs, investors, and startup founders in partnership with the Edmund Hillary Fellowship. Successful candidates are eligible for a 36-month Global Impact Work Visa, leading to potential eligibility for a Global Impact Permanent Resident Visa after 30 months. Phase scope: Whole-pilot implementation effective 21 November 2016; candidate intake opened via partner fellowship cohorts from early 2017.
South African citizenship-based visitor travel visa waiver removed
From November 21, 2016, South Africa was removed from the citizenship-based visa-waiver list for travel to New Zealand. South African citizenship no longer provided that exemption from holding a visa permitting travel for a qualifying short visit. A person who qualified under another waiver category could still rely on that separate category.
Visa waiver extended to citizens of Mauritius and Seychelles
From November 21, 2016, citizens of Mauritius and Seychelles were added to the visa-waiver list for travel to New Zealand when seeking a visitor visa for no more than three months and not visiting for medical consultation or treatment. This waived the requirement to hold a visa permitting travel; it did not itself grant a visa or guarantee entry.
Student visa provision introduced for qualifications delayed by NZQA intervention
From December 9, 2016, students whose qualification could not be awarded because their education provider was under NZQA statutory intervention could receive a student visa for up to six months, with multiple-entry travel and work of up to 20 hours in any week. Applicants had to have submitted all assessment material, await NZQA confirmation, meet health and character requirements, provide the application and fee, and show at least NZ$1,250 per month for maintenance. Evidence of completed assessment submissions could come from NZQA if provider confirmation was unavailable. Visa conditions named the programme, provider and location when the provider continued operating; these could be omitted if it had ceased operating.
Standardized Definitions for Essential Skills Labour Market Test and Skill Level 5 Rule
Implemented binding mutual definitions agreed between the Minister of Immigration and Minister for Social Development for 'Available', 'Suitable New Zealand citizens or residents who can take up the work on offer', and 'Suitable New Zealand citizens or residents who can readily be trained to do the work on offer' across Essential Skills work visa applications, establishing that qualifications and work experience are not relevant for ANZSCO Skill Level 5 positions. Phase scope: Full operational application across Essential Skills work visa applications requiring a labour market test
Immigration Amendment Act (No. 2)
The Immigration Amendment Act (No. 2) expanded deportation liability for residence class visa holders convicted of migrant exploitation or who provided fraudulent information, and modified visa cancellation procedures upon deportation liability.
A designated person must not enter New Zealand or transit through New Zealand.
A designated person must not enter New Zealand or transit through New Zealand.
Entrepreneur Work Visa regional bonus increased from 20 to 40 points
From November 1, 2015, Entrepreneur Work Visa applicants intending to establish a business outside Auckland could receive 40 regional bonus points, increased from 20. This is the Entrepreneur Work Visa points change, separate from the Skilled Migrant Category employment bonus in the same circular.
Skilled Migrant Category Bonus Points Increase for Regional Employment Outside Auckland
Increased bonus points under the Skilled Migrant Category for skilled employment or job offers outside Auckland from 10 to 30 points, while introducing Section 49(1) visa conditions restricting successful applicants from moving to a job in Auckland for at least 12 months if employed in that position for less than three months. Phase scope: Applies to Expressions of Interest updated or selected and applications tendered on or after 1 November 2015
Character exception for qualifying Filipino dairy workers with earlier false visa evidence
Effective November 3, 2015, instruction WK1.11 permits a further Essential Skills work visa despite the A5.45(b) character requirement for qualifying Philippine nationals in New Zealand who previously supplied false, misleading or forged visa evidence. They must hold an Essential Skills work visa, or an interim visa based on that visa, have been granted an Essential Skills dairy-farm work visa before September 1, 2015, and be applying for another dairy-farm Essential Skills visa. They must not subsequently have withheld information or supplied further false information, and must meet all other Essential Skills visa criteria.
Joint declaration permitted as partnership evidence for a partner included in a visitor visa application
From December 7, 2015, where a visitor visa application included a partner as a secondary applicant, an immigration officer could accept a declaration from both parties as evidence that they were living together in a genuine and stable partnership. The instruction provided discretion to accept this evidence; it did not remove the partnership eligibility requirements.
Pathway Student Visa pilot launched for consecutive study programmes
On December 7, 2015, New Zealand started an 18-month Pathway Student Visa pilot. It allowed eligible international students to undertake up to three consecutive programmes of study with selected education providers on a single visa valid for up to five years. A pathway could be offered by one provider or a group of providers. This record describes the pilot’s launch, not its later extensions or permanent operation.
Recognised Seasonal Employers required to provide access to lawful remittance services
From December 7, 2015, the Recognised Seasonal Employer instructions added access to lawful and reputable remittance services to the pastoral-care requirements for migrant workers. When seeking an agreement to recruit, employers had to provide details of how they would meet this requirement as part of their pastoral-care arrangements.
Refugee Family Support Category sponsorship extended to qualifying Afghan interpreters and accompanying family
From December 7, 2015, Refugee Family Support Category sponsor eligibility included New Zealand citizens or residents granted residence as Afghan interpreters, or as partners or dependent children who accompanied those interpreters to New Zealand, subject to the other sponsorship requirements. The interpreter provision covered people who had worked with the New Zealand Defence Force, Police or Special Air Service in Afghanistan and received residence from the Minister as an exception to instructions under section 72(3) of the Immigration Act 2009.
Student visa provision for multiple short-term English language programmes
From December 7, 2015, U15 allowed a student visa for multiple short-term English language programmes for up to six months. Applicants needed a joint letter from eligible pathway education providers specifying at least 14 weeks of English study, an offer of place for each programme, sufficient maintenance funds and compliance with general student-visa requirements. The route was unavailable to applicants previously granted a visa under U15; work conditions depended on the specified part-time work requirements.
Korea Working Holiday Scheme annual places increased from 1,800 to 3,000
Effective December 20, 2015, the Korea Working Holiday Scheme annual allocation increased from 1,800 to 3,000 places for eligible citizens of the Republic of Korea.
Korea Working Holiday Scheme three-month limit with one employer removed
Effective December 20, 2015, the Korea Working Holiday Scheme removed its restriction on working for the same employer for more than three months. This records the employment-condition change separately from the increase in annual places.
Republic of Korea added to the Primary Sector Trainees route with 50 places
From December 20, 2015, the Republic of Korea became a qualifying country under the Primary Sector Trainees instructions, with 50 places. Eligible government-funded or supported trainees could receive a visa for up to 12 months, including at least 12 weeks of study followed by a related work placement of up to nine months, subject to the route’s study, placement, insurance and general eligibility requirements.
Special work route introduced for qualifying Korean citizens in specified occupations
From December 20, 2015, the new Republic of Korea Special Work Instructions allowed qualifying Korean citizens with a full-time New Zealand job offer in a listed occupation to obtain an employer- and occupation-specific work visa for up to three years, depending on the job offer. Applicants had to meet the occupation-specific and general eligibility requirements, normally be resident in Korea when applying, and did not require a labour market check. The instructions limited visa holders to 50 per listed occupation and 200 in total at any one time.
Entrepreneur Work Visa local-agency support bonus points removed
Instructions effective November 27, 2014 removed the 20-point Entrepreneur Work Visa bonus for qualifying formal local-agency support. The earlier points table covered specified support from a local council, Economic Development Agency, chamber of commerce, New Zealand Trade and Enterprise or MBIE. The 20-point bonus for a business based outside Auckland remained in the table.
Fiji added to the RSE eligible Pacific-country recruitment list
Instructions effective December 8, 2014 added Fiji to the eligible Pacific-country list for Recognised Seasonal Employer Agreements to Recruit. The ordinary rule covers citizens of listed countries who are also normally resident in a listed country. The earlier separate provision for citizens of eligible countries normally resident in Fiji was absorbed by this list change. Existing exceptions for recruiting citizens of other countries and the other RSE requirements remained applicable.
Temporary visa condition-variation fee expanded beyond travel conditions
From 19 February 2013, regulation 26AA(c) and its Schedule 4 fee description were expanded from variation of travel conditions to applications to vary conditions imposed on any type of temporary entry class visa. The existing NZ$165 schedule amount was unchanged. The general prescribed-fee exemptions continued to apply, including reciprocal fee-waiver agreements, Schedule 5 diplomatic and official classes. This was a change to the fee’s coverage, not a general right to vary visa conditions.
Generic Temporary Entry Instructions: Variation of Conditions Rules (IAC 13/03 & Operational Manual Section E3.25.1)
Relocated and amended rules governing Variations of Conditions (VoC) across all temporary entry class visas (migrating provisions from the Work chapter to Generic Temporary Entry instructions at E3.25.1). Introduced a mandatory rule under E3.25.1(c) barring approval of any VoC unless the proposed conditions continue to meet the underlying objectives of the instructions under which the original visa was granted (e.g., student, work, visitor). Specifically restricted Essential Skills VoC approvals without new labour market testing solely to cases where the employer is the only condition changing or the new occupation appears on the Essential Skills in Demand lists. Phase scope: System-wide application for all temporary visa holders applying for variations of visa conditions.
Aiding unlawful-entry offence expressly includes fraudulent visa and entry-permission cases
From 19 June 2013, the definition of unlawful entry for section 343(1)(b)’s aiding-and-abetting offence was expanded beyond the prior specified cases of section103-noncompliant arrival and arrival without a required visa. It expressly includes arrival using a visa granted in a false identity or procured through fraud, forgery, false or misleading representation, or concealment of relevant information; a visa granted on arrival on those bases; entry permission based on a false-identity visa or procured through those deceptive means; and other entry that fails to comply with the Act. The offence still requires aiding, abetting, inciting, counselling or procuring entry while knowing that the other person’s entry is or would be unlawful, or being reckless as to that unlawfulness; it applies inside or outside New Zealand and does not require that the other person actually enter. The definition applies whether or not action has already been taken concerning the visa or entry permission, such as a fraud conviction or revocation. Other existing aiding/false-document offences are not presented as new, and no new penalty amount is claimed.
Judicial review restricted to final Tribunal outcomes and court leave
From 19 June 2013, section 249 replaced its bar on judicial review of decisions appealable to the Immigration and Protection Tribunal with an express route requiring an appeal and final Tribunal determinations on all aspects. Judicial review of any matter before the Tribunal is likewise barred until its final determinations. Review then requires High Court leave or, if the High Court refuses, Court of Appeal leave. The leave court must consider whether review would raise issues not adequately dealt with in an appeal against the Tribunal’s final determination and, if so, whether their general or public importance or another reason warrants High Court review. Other statutory restrictions on review remain applicable. This describes the altered statutory review route without claiming that every judicial-review application became more restrictive than under the prior bar.
New Zealand introduces judicial mass-arrival detention warrants
From 19 June 2013, immigration officers could apply on oath to a District Court Judge for an initial mass-arrival warrant of up to six months, rather than individual 28-day warrants. A mass-arrival group comprises more than 30 people within the section 115(1)(a)–(f) arrival classes, arriving on the same craft or linked group of craft; scheduled international services are excluded. Members must already be detained under Part 9, and each must meet an anticipated section 316(1)(a)–(d) ground: unavailable outward transport, inadequate identity evidence, an outstanding security-certification decision, or another inability to leave New Zealand. The warrant must be necessary to manage the group or security/public risks, uphold immigration-system integrity or efficiency, or avoid disrupting the District Court. The sworn application must identify the persons and arrival circumstances and explain necessity and each person’s detention ground. The judge must verify these prerequisites and issue the warrant for the period sought, or a shorter period if satisfied that, after that shorter period, the necessity reasons or the individual section 316(1)(a)–(d) grounds will no longer apply; an unsuccessful group application is treated as individual warrant applications. A person under 18 may be included only with a parent, guardian or relative in the group. Later inclusion of previously unknown members cannot extend the warrant. The judge may require reports on continuing necessity, no more frequently than every 28 days, and after receiving a report may shorten detention if satisfied the necessity reasons will no longer apply after the shorter period. Further group warrants are limited to 28 days per application and retain the statutory prerequisites. Group warrants use section 324A instead of section 324. On an officer’s sworn application with the warrant and reasons, the judge must shorten the warrant to the period sought or a shorter period supported by the same necessity-or-detention-ground cessation findings; a change-of-location order may change only the places of detention. For a particular member, the officer may instead apply for an individual warrant under section 316, conditional release considered having regard to sections 317, 318 or 323 as appropriate, or release. A member dealt with individually leaves the group regime, and the judge must remove that member from the group warrant. Section 319 retains the earliest applicable termination of custody and excludes escape periods plus 96 hours after recapture from warrant-period calculation. This component does not claim that everyone arriving irregularly is detained for six months.
Oral-hearing exception broadened for subsequent refugee and protection appeals
From 19 June 2013, section 233 allowed the Immigration and Protection Tribunal to dispense with an otherwise mandatory oral hearing where a refugee/protection appellant or affected person had been interviewed at first instance, or failed to take an offered interview opportunity, and the appeal or contention related to a subsequent refugee or protection claim. Previously this limb required that the contention repeat a previous claim. The alternative exception for a prima facie manifestly unfounded or clearly abusive contention remains subject to the same interview prerequisite. The Tribunal may nevertheless provide an oral hearing for a subsequent-claim appeal in its absolute discretion. Resident and permanent-resident appeals against deportation liability retain their mandatory oral hearing, and other deportation appeals retain discretionary hearings.
Significant-change threshold extended to subsequent protected-person claims
From 19 June 2013, section 140(1)’s threshold for considering a subsequent refugee claim was extended to subsequent claims for recognition as a protected person. The officer must be satisfied that circumstances material to the claim changed significantly after the previous determination, and that the change was not brought about by the claimant acting otherwise than in good faith for the purpose of creating recognition grounds under sections 129–131. Both bad faith and that purpose are required for this disqualification; other persons’ actions cannot be treated as mitigating factors in this assessment. The existing discretion to refuse manifestly unfounded or clearly abusive subsequent refugee or protection claims remains. The repeated-claim ground now expressly covers any claim previously made, including an earlier subsequent claim; that textual clarification is not counted separately.
Visa Pak 137: Parent Category Sponsor Income Assessment Standards
Issued operational instructions standardizing the assessment of a sponsor’s gross personal income under the Parent Category (operational manual section F4.30.1) across paid employment, regular self-employment, and investment income. Clarified that commission income can be recognized if sustained/regular, required gross annual income to be counted before taxes and deductions (including business drawings and hours worked over 40 hours per week), and specified acceptable evidentiary documentation. Phase scope: National system-wide adjudications under Parent Category residence applications
Study-to-Work qualification levels and minimum New Zealand study periods tightened
From April 2, 2012, applicants under the Graduate Work Experience and Graduate Job Search work-visa instructions became subject to the qualification requirements in WD1.10. The preceding November 2011 instructions required successful completion in New Zealand of a qualification qualifying for Skilled Migrant Category points but did not contain these additional level-and-duration thresholds. WD1.10 retained the points-qualifying New Zealand qualification requirement and added three alternatives: a level 7 or higher qualification studied in New Zealand for at least one academic year; a two-year level 4–6 qualification studied in New Zealand for at least two academic years; or two level 4–6 qualifications each requiring at least one academic year of study in New Zealand, with the second at a higher level and two years of New Zealand study in total. An academic year meant at least two semesters over at least eight months of study. WD1.10(c) exempted qualifying New Zealand qualifications gained before April 2, 2012 and included a study-commencement exemption: the archived April text says the programme had commenced “on 1 April 2012”, while the July successor and December official explanation say “on or before 1 April 2012”. This record preserves that source wording discrepancy and does not resolve how the earlier wording was administered. Other requirements of the respective work-visa routes continued to apply.
Sibling and Adult Child Category closed to new applications
The Sibling and Adult Child Category ceased to be effective for new applications from May 16, 2012. This category had provided a residence route for qualifying siblings and adult children of New Zealand citizens or residents. Applications lodged before May 16, 2012 remained subject to assessment.
Parent residence applications moved to a two-tier expression-of-interest selection system
From July 30, 2012, the Parent Category used a two-tier expression-of-interest (EOI) pool and invitation process. The preceding March 2012 instructions described direct qualification through family-location criteria and sponsorship; the July rules required an unrevoked invitation and an application within four months of the invitation letter. A person could have only one EOI in the pool. Tier 1 EOIs were selected first in date order, followed by Parent and Sibling and Adult Child applications lodged before May 16, 2012; Tier 2 EOIs were selected last in date order, only when neither earlier group remained. Selection was periodic and limited by available Capped Family Sponsored stream places; selection did not guarantee an invitation or residence. Tier 1 qualification could rest on the prescribed sponsor-income, guaranteed-lifetime-income or settlement-funds route. Tier 2 required the prescribed sponsor income and that the applicants’ other adult children live lawfully and permanently outside the country where the applicants lived lawfully and permanently; a sponsor receiving a New Zealand Government benefit from Work and Income was ineligible for Tier 2. The July category also required health and character eligibility, English proficiency or ESOL pre-purchase, an acceptable adult-child sponsor and no dependent children. The July provisions required five years of sponsorship undertakings, not ten. EOIs could move between tiers when eligibility changed while retaining their original pool date; an EOI no longer meeting either tier was withdrawn. An invitation under Tier 1 led to assessment under Tier 1 only, whereas an applicant invited under Tier 2 could qualify under either tier. Applications received before May 16, 2012 remained assessed under the instructions applicable when accepted. Those applicants could instead submit a new EOI; a resulting Tier 1 application had its application fee waived and the earlier application lapsed when that waiver applied, whereas a resulting Tier 2 application did not receive that fee waiver.
Visiting academics: specified short academic activities excluded from work requirements
From April 4, 2011, New Zealand’s V3.130 instructions permitted qualifying visiting academics to undertake specified activities using the visitor route, and W2.2 expressly excluded visits meeting V3.130 from the definition of employment. The preceding November 29, 2010 W2.2 text did not contain that academic exclusion. Academics from visa-waiver countries could be granted a three-month visitor visa and entry permission on arrival; others had to obtain a visitor visa before travel. A work visa was required before travel for stays exceeding three months, multiple visits totalling more than three months in a calendar year, or work activities outside those specified. Applicants needed an invitation from the relevant New Zealand tertiary education institute identifying them, confirming that they met the academic requirements, and describing the activities and dates or duration. They had to be well-qualified, employed by an overseas academic or research institution or widely experienced in such employment, and undertaking pedagogical, educational, professional-management or research activities. The listed activities included research collaboration and publication with New Zealand academics; one-off seminars or conferences; specialised short-course teaching or tutoring where New Zealand academics lacked the subject knowledge; obtaining research material available only in New Zealand or research possible only there; academic or research planning, management, professional development and resource sourcing; meetings with a co-supervised postgraduate student enrolled for a New Zealand qualification; performance or studio masterclasses; oral or practical assessment panels, including theses; and study tours. The instruction’s tertiary-institute note listed New Zealand universities, institutes of technology and the three named wānanga. This was a bounded visiting-academic exemption, not unrestricted visitor employment.
SSE work visa applicants required to demonstrate genuine intention to work for an approved employer
From April 18, 2011, Supplementary Seasonal Employment (SSE) work-visa applicants had to satisfy an immigration officer that they genuinely intended to work for an SSE-approved employer in horticulture or viticulture. The November 29, 2010 predecessor did not contain this specific requirement or its evidence provision. Evidence could include, without being limited to, an SSE job offer; travel or accommodation arrangements in regions with SSE employers; information about the intended work, employers, crops or regions, or a harvest-trail plan; correspondence with regional seasonal coordinators; or evidence of contact with SSE employers. A job offer was therefore one possible form of evidence, not a mandatory condition for every applicant. Existing eligibility still required applicants to be at least 18, meet health, character and bona fide requirements, hold a return ticket home or funds to buy one, hold a current temporary-entry visa while in New Zealand, never previously have held a TRSE or SSE work visa, and not have held another work visa since their latest entry. Grants also remained dependent on available positions as determined by INZ in consultation with the Ministry of Social Development. SSE visas remained six-month visas without travel conditions, restricted to planting, maintaining, harvesting or packing crops for an employer with SSE approval in principle or an approval under the former TRSE instructions. The May 13, 2011 VisaPak explains the recently updated evidence requirement; it is not a second policy change.
Expansion of acceptable investments for migrant investor categories to include registered bank bonds/equities, residential property developments, and finance-company bonds
Effective 25/07/2011, the definition of acceptable investments for migrant investor categories was expanded. Previously, direct or indirect investment in residential property development and deposit-taking financial institutions (including banks and finance companies) was prohibited. Under the updated rules, acceptable investments include bonds issued by New Zealand registered banks, equities in New Zealand registered banks, residential property developments, and bonds in finance companies, which a Business Immigration Specialist may consider acceptable where the finance company is a wholly-owned subsidiary of, raises capital solely for, and has all its debt securities unconditionally guaranteed by a New Zealand Stock Exchange listed company or a local authority. Residential property developments are subject to specific conditions: they must be new developments on new or existing sites, cannot include renovation or extension of existing developments, must have gained required regulatory consents and approvals, must aim for a commercial return on the open market, and cannot be resided in by the principal investor's family, relatives, or associated persons. Furthermore, costs associated with obtaining regulatory approval do not count towards acceptable investments. General conditions continue to apply: investments must be capable of a commercial return, not for personal use, invested in New Zealand in New Zealand currency, invested in lawful enterprises or managed funds complying with New Zealand law, and have the potential to contribute to New Zealand's economy. Managed funds qualify only for the proportion invested in New Zealand companies; international exposure does not count towards that proportion. The investment value is based on net purchase price, excluding accrued interest, commission, brokerage and trade levy, and a business immigration specialist retains case-by-case discretion where a failure to meet requirements was beyond the principal applicant's control.
Investor 1 annual physical-presence requirement reduced from 73 to 44 days
From July 25, 2011, BJ8.15 reduced the minimum annual time in New Zealand for the principal applicant under the Investor 1 Category from 20 percent (73 days) to 12 percent (44 days) during the required investment period. The Investor 2 annual requirement remained 40 percent (146 days).
SMC job-search visa barred for onshore recent Study-to-Work visa holders
From July 25, 2011, a principal applicant who is in New Zealand and currently holds, or has held within the previous 24 months, a work visa granted under the WD Study to Work instructions is not eligible for a work visa under the Skilled Migrant Category Job Search Instructions.
SMC New Zealand qualification bonus points tied to degree level and duration
From July 25, 2011, SMC bonus points for New Zealand qualifications used new qualification-level and study-duration criteria. A recognised New Zealand level 7 bachelor degree requiring at least two years of full-time study in New Zealand earned 10 points, with study over four semesters and at least 16 months. A recognised postgraduate level 8, 9 or 10 qualification requiring at least one year of full-time New Zealand study earned 10 points; a postgraduate level 9 or 10 qualification requiring at least two years earned 15. Qualifications gained with New Zealand Aid Programme funding remained ineligible for bonus points. The preceding rule awarded five points for two years of qualifying full-time New Zealand study, five for a recognised basic New Zealand level 4–8 qualification, and ten for a recognised New Zealand postgraduate level 9 or 10 qualification. These preceding bonus provisions remained available where the qualification was gained before July 25, 2011 or the applicant had commenced the course towards the recognised New Zealand qualification on July 24, as worded in the archived instruction; the old provisions allowed bonus points for both a basic and a postgraduate qualification. For the two-year full-time-study assessment, the retained definition covered tertiary undergraduates enrolled in at least three papers per semester, tertiary postgraduates with at least 100 credits per calendar year or a workload of at least 20 hours weekly, and private-training-establishment students with at least 20 hours weekly attendance. This is separate from the ordinary recognised-qualification points scale.
SMC recognised-qualification points redistributed by qualification level
From July 25, 2011, SMC points for recognised qualifications at NZQF levels 9 and 10 increased from 55 to 60, while levels 5 and 6 decreased from 50 to 40; levels 7 and 8 remained at 50. Eligible level 4 qualifications and level 3 qualifications recognised as an exception decreased from 50 to 40. Level 4 qualifications still had to qualify through the List of Qualifications Exempt from Assessment or through NZQA assessment, relevance to a listed skilled occupation and the exclusion rules; listed level 3 qualifications still had to meet the exception-list requirements. Points were not cumulative: they applied to one qualification or to qualifications assessed in combination, with a maximum of the applicable 40, 50 or 60 points. The July rule retained non-recognition of qualifications gained while unlawfully resident or without required study authority and added ESOL qualifications to the exclusion list. A qualifying New Zealand qualification at levels 3–6 retained 50 points if it would have qualified under the SMC rules in force on July 24, 2011 and was completed before July 25, or the applicant had commenced the course leading to the qualification on July 24, as worded in the archived instruction. This component concerns recognised-qualification points, not separate New Zealand-study bonus points.
Introduction of the Temporary Retirement Category
From March 29, 2010, the Temporary Retirement Category offered applicants aged 66 or older a visitor permit for up to two years with a multiple-entry visa. Requirements included NZ$750,000 in acceptable investments for two years, NZ$500,000 in additional maintenance funds, annual income of at least NZ$60,000, health and character requirements, and acceptable travel and/or health insurance. Dependent children could not accompany applicants.
Silver Fern Job Search and Practical Experience policy instructions
Effective March 29, 2010, Silver Fern instructions established Job Search and Practical Experience routes. Job Search visas were limited to 300 annually, with the quota year beginning April 27. Applicants had to be 20 to 35 inclusive, outside New Zealand, meet specified qualification and English requirements, hold at least NZ$4,200 for maintenance, genuinely intend to obtain skilled employment, meet health and character requirements, and not previously have received a Job Search visa. Eligible qualifications included a degree equivalent to a New Zealand bachelor’s degree or higher, or a qualifying level-4 trade qualification with two years of relevant work experience; occupational registration requirements applied. The Job Search visa allowed entry within six months, a nine-month work permit on arrival, multiple re-entry during the permit, and work for any employer in any occupation. The Practical Experience route required an existing Job Search or Practical Experience permit and a genuine, full-time skilled job offer lasting at least 12 months, with applicable registration, health, character and generic work requirements. Its permit was tied to the offered occupation, employer and location, lasted for the offered employment up to two years, and could not exceed two years in total across successive permits.
Employer work-entitlement verification: statutory information disclosure
From August 2, 2010, section 477 of the Immigration Act 2009 inserted section 141ABA into the Immigration Act 1987. It authorised the Department of Labour to disclose certain information to an employer so the employer could verify that a person was entitled under the Act to work in that employer’s service.
China Working Holiday Scheme: qualification verification and English evidence tightened
From October 1, 2010, applicants under New Zealand’s China Working Holiday Scheme had to provide CDGDC verification with their existing required senior-high-school qualification and an IELTS certificate showing an average score of 5.5 across the four test components. The preceding May 4, 2009 instructions already required a senior-high-school qualification based on at least three years of full-time study, but accepted an IELTS average of 4 or specified English-medium education as functional-English evidence. The October instructions replaced those English-evidence options and added qualification verification; they did not introduce the school-qualification requirement itself.
Detention beyond six months: conditional renewal and release test
From November 29, 2010, section 323 of the Immigration Act 2009 prescribed a renewal test where a further warrant would extend consecutive detention beyond six months, calculated under that section. The judge had to issue a further warrant if the person’s action or inaction prevented departure or deportation and no exceptional circumstances warranted release; otherwise, conditional release was required. The clock ran from initial warrant detention when appeal rights were exhausted or absent, otherwise from the later of conclusion of the relevant appeals or expiry of the appeal period. Relevant appeal rights covered appeals against deportation liability and refugee/protection appeals associated with claims made before the specified deportation notice or arrest. For a refugee or protection claim made only after a deportation liability notice or order, or detention for deportation or turnaround, it ran from final determination; a subsequent claim reset that starting point. Final determination included expiry of the appeal period or determination of an appeal. Escape periods through 96 hours after recapture were excluded. Detention already served and the possibility of continued obstruction by the person were not exceptional circumstances under this test. It did not apply to persons ordered deported under the security power in section 163. Applications required sworn officer evidence and reasons; the judge could require attendance and cross-examination. Section 441 applied the test regardless of whether initial detention preceded the 2010 commencement. By comparison, the former section 60 served-removal-order regime generally prohibited consecutive detention beyond three months, except for specified post-order refugee claimants or cases where action or inaction after service of the removal order directly or indirectly prevented departure, with exceptional-circumstances release provisions. This was not a universal six-month detention cap or a clock starting automatically on arrest.
Employer work-entitlement checks: tax-declaration excuse replaced by due diligence
From November 29, 2010, section 350 of the Immigration Act 2009 continued offences concerning employment of people not entitled to work, but replaced the former specific tax-code-declaration excuse with a defence requiring both lack of knowledge and reasonable precautions and due diligence to establish work entitlement. Under section 39 of the preceding Act, lack of knowledge combined with a declaration stating entitlement, signed before or when employment began, had provided the specified reasonable excuse. Written notice from an immigration officer within the preceding 12 months continued to establish deemed knowledge. The exception for continued employment during the minimum contractual termination-notice period also continued.
Ordinary detention warrants: up to 28 days with identity-related release restrictions
From November 29, 2010, section 317 of the Immigration Act 2009 allowed a District Court Judge to issue a warrant of commitment for up to 28 days, or order conditional release if detention was not warranted. In the preceding removal-order route, sections 59 and 60 of the Immigration Act 1987 provided an ordinary warrant of seven days or less after arrest to execute a served removal order; specified extensions for cases involving late refugee claims or the person’s conduct preventing departure could already last up to 30 days. The new framework covered persons liable for deportation or turnaround and certain identity-related cases; it was not confined to the old served-removal-order cohort. Recognised refugees and protected persons were generally exempt from arrest and detention, subject to the statutory deportation exceptions. Under section 317, the court had to establish that the detainee was the person named in the application and consider the statutory departure-impediment or identity grounds, or the public interest. Unless exceptional circumstances existed, conditional release was barred where identity was unknown or unestablished; where the person’s conduct after a deportation liability notice or arrest for deportation or turnaround prevented departure; or where a refugee or protection claim was made only after a deportation liability notice or order, or such arrest. The change concerns the ordinary section 317 warrant and its release conditions, not a universal 28-day limit on total detention or the separate security and prolonged-detention tests.
Security detention warrants: 28-day periods and conditional release
From November 29, 2010, section 318 of the Immigration Act 2009 provided for warrants of up to 28 days for people arrested and detained on suspicion of a threat or risk to security, or whose deportation was ordered under section 163. A judge had to order immediate release if satisfied on the balance of probabilities that the detainee was not the person named in the warrant application; otherwise the judge had to issue a warrant or, if satisfied that release would not be contrary to the public interest, order conditional release. The corresponding former section 79 regime for suspected terrorists and persons under security or terrorism deportation orders also allowed public-interest conditional release, but its warrants ran until specified delivery or release events rather than an express 28-day period. Under section 322, suspected-security cases detained under a warrant or released on conditions ceased to be liable to arrest and detention if the Minister declined certification or failed to certify within 14 days of initial arrest. Conditions could include restrictions on specified communications or associations under section 321. The post-six-month test in section 323 excluded persons with section 163 deportation orders. Legacy security-risk-certificate cases remained subject to section 438’s special transition: the former Part 4A continued for those certificates, with specified deportation execution and detention provisions applying under the new Act. Conditional release and security detention were not first created in 2010.
Visa framework replaces permits while retaining separate entry permission
From November 29, 2010, the Immigration Act 2009 replaced the former permit-based authority to be in New Zealand with a visa framework and separate entry permission. Non-citizens generally needed a visa to travel, unless a visa waiver applied, and a visa plus entry permission to enter and be in New Zealand. A visa did not itself guarantee entry permission, except for a permanent resident visa or a resident visa granted in New Zealand; a travel-visa waiver did not itself confer entry permission. Transitional provisions converted existing visas and permits into corresponding visas and, where applicable, deemed entry permission, subject to the specified conditions and exceptions. The framework therefore did not make a visa alone unconditional permission to enter.
Visa sponsorship: third-party cost recovery with protection for existing undertakings
From November 29, 2010, sections 48 and 55 of the Immigration Act 2009 provided for visa sponsorship undertakings and expressly made a sponsor liable for a debt to a third party when that party incurred a cost as a result of the sponsor’s failure to comply, recoverable in a court of competent jurisdiction. Crown cost recovery was already provided for temporary-permit sponsorship under section 28 of the Immigration Act 1987; enforceable sponsorship was therefore not wholly new. Under section 55, having the required sponsor and the sponsor meeting the undertaking were visa conditions, and the sponsor’s non-compliance also deemed the visa holder to have breached those conditions. Section 470 carried over qualifying sponsorship undertakings in force immediately before repeal of the former Act into section 55, with necessary modifications, but expressly excluded the third-party-debt provision for those existing undertakings. These consequences applied to required sponsorship undertakings, not every visa holder.
Commencement of refugee/protection biometric collection and general biometric provisions
On December 20, 2010, the Immigration Act 2009 Commencement Order (No 2) 2010 brought sections 30, 31 and 149(1)(e) into force. Section 149(1)(e) authorised biometric collection from people claiming refugee or protected-person status or whose recognition was being investigated; sections 30 and 31 set general provisions for the method of biometric collection and use under the Act. The order did not commence the other biometric collection powers for visa or entry-permission applicants and people arriving in or departing from New Zealand; those provisions still awaited commencement.