The new Act uses the single term ‘visa’ for authority to travel to and stay in New Zealand. The terms ‘permit’ and ‘exemption’ are no longer used. Immigration ‘policy’ is now known as immigration ‘instructions’. This more clearly distinguishes the difference between high level government policy and the criteria for determiningimmigration applications (‘instructions’). The terms ‘residence permits’, ‘residence visas’ and ‘returning resident’s visas are replaced by ‘resident visas’ and ‘permanent resident visas’ – but there is no change to existing categories or criteria for people wishing to settle in New Zealand.
Sponsors of people coming to New Zealand are responsible for all aspects of maintenance, accommodation and repatriation (or deportation) of the sponsored person. More specific criteria for sponsors are also introduced. For temporary entry visas, this broader obligation is in place for the whole time the sponsored person is in New Zealand. For resident visas, this obligation is in place for a specific period. Another change allows organisations (companies, charitable trusts and societies) and government agencies to sponsor individuals in some circumstances. These new categories of sponsors are eligible to support visitor visas and also work-to-residence and residence-from-work visas under the ‘talent’ category (arts, culture and sports).
Successful residence applicants are generally granted a ‘resident visa’ with two years of ‘travel conditions’. This allows: travel to New Zealand (if the holder is offshore); indefinite stay in New Zealand; and multiple re-entry to New Zealand within the validity of the resident visa travel conditions. The term ‘returning resident’s visa’ (RRV) is no longer used, however, current RRV holders do not need to do anything other than follow the conditions of their current visa or permit. ‘Permanent resident visas’ replace indefinite RRVs and allow the holder indefinite right to enter New Zealand. The requirements to progress from a ‘resident visa’ to a ‘permanent resident visa’ are similar to the current requirements to progress from a ‘non-indefinite RRV’ to an ‘indefinite RRV’. People who hold ‘residence visas’, ‘residence permits’ and ‘nonindefinite RRVs’ on 29 November 2010 are automatically deemed to hold ‘resident visas’ with the appropriate travel conditions. People who hold ‘indefinite RRVs’ on 29 November 2010 are automatically deemed to hold ‘permanent resident visas’ with indefinite rights to enter New Zealand.
‘Endorsements’ replace ‘returning resident’s visas’ for New Zealand citizens who wish to travel on a foreign passport.
The deportation process has been simplified to better balance efficiency with fairness. The terms ‘removal’ and ‘revocation’ are no longer used, and instead, the single term ‘deportation’ is used. People who are deported are prohibited from re-entering New Zealand for two years, five years or permanently, depending on the seriousness of the situation.
The 2009 Act enables specific biometric information to be collected, stored and used – for example, photographs, fingerprints and iris scans – to verify a foreign national’s identity. The Act also allows foreign nationals’ (not New Zealand citizens’) personal information, including biometric information, to be shared with some other agencies nationally and internationally to address immigration and identity fraud; and manage the safety and security of New Zealand. In addition, foreign national’s personal information can be shared with other New Zealand agencies to check eligibility for publicly-funded services (such as health services). The relevant provisions will only come into force once Cabinet is satisfied that robust procedures and processes are in place and that there is appropriate protection for individuals, consistent with the Privacy Act 1993.
The 2009 Act introduces a new ‘interim visa’. These may be granted if a foreign national has applied for a further temporary visa. This maintains the individual’s lawful status in New Zealand while their application is being considered.
This provision is effective from 7 February 2011.
