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Special Residence Policy for Zimbabwean Nationals: Questions and Answers

Wednesday, 30 August 2006

1. What is the Special Residence Policy for Zimbabwean Nationals?
The Special Residence Policy allows Zimbabwean nationals who arrived in New Zealand on or before 23 September 2004, and who do not meet the requirements for approval under any other residence policy, to be granted  residence in New Zealand.


2. What were the changes that were made to this policy on 30 August  2006? 
Changes were made to the Special Zimbabwe Residence Policy and the policy for Zimbabwean Nationals Temporarily in New Zealand.

 

The Ministers of Immigration and Health have announced the following:

 

  • Zimbabwean nationals who apply for residence under the Special Zimbabwe Residence Policy and are living in New Zealand will be exempt from the requirement to be of an acceptable standard of health.  This is because the government recognises the special circumstances of Zimbabweans arising from the situation in their home country;
  • The Special Zimbabwe Residence Policy will close on 28 February 2007; and
  • Further extensions of existing temporary permits for Zimbabwean nationals will be given to 1 November 2007. This extension of time is to enable all the residence applications under the Special Zimbabwe Residence Policy to be decided.

 Please refer to questions 21 onwards for more information on these policy  changes.


3.  What are the policy requirements under the Special Zimbabwe  Residence Policy?
The principal applicant must:

 

  • have arrived in New Zealand on or before 23 September 2004 on a Zimbabwean passport; and 
  • have not spent more than 90 days in total outside New Zealand since 1 April 2000; and 
  • lodge an application in the prescribed manner (including fully completed  Medical and Chest X-Ray Certificates less than 3 months old for every person included in the application) ; and
  • meet character requirements for applicants for residence; and 
  • not be a prohibited person (for instance, through being a member of the Mugabe regime); and 
  • not be a citizen of, nor hold the right to be a citizen of, any other country other than Zimbabwe; and
  • not meet the requirements for approval under any other category of residence; and
  • lodge their application under this policy on or before 28 February 2007.

 

4. When do I have to apply for the Special Zimbabwe Residence Policy by?
Applications made under the Special Zimbabwe Residence Policy must be lodged on or before 28 February 2007.


5. My temporary work permit will expire on 1 November 2007 but I must apply for residence under the Special Zimbabwe Residence Policy before 28 February 2007.   Why can't I wait until closer to the date that my work permit expires before applying for residence?
The intention of the policy for Zimbabwean Nationals Temporarily in New Zealand is to allow you to stay in New Zealand on a valid permit until your residence application is processed. The Minister has asked that all residence applications under this policy be lodged by 28 February 2007, to allow them all to be finalised by 1 November 2007.


6. I am living in Zimbabwe / another country.  Can I apply for residence under the Special Zimbabwe Residence Policy?
No, the Special Zimbabwe Residence Policy is only open to Zimbabwean nationals who arrived in New Zealand on or before 23 September 2004, and who are currently lawfully in New Zealand.


7. How do I apply under the Special Zimbabwe Residence Policy?
You will need to lodge an application by completing the form Residence in New Zealand, Special Zimbabwe Residence Policy (NZIS 1120), PDF. Or you or you may call the Immigration Service’s Contact Centre on (0508) 558 855, and ask for an application form and medical forms to be sent to you.

 

You will also have to complete the Medical and Chest X-ray Certificate Form (NZIS 1007), PDF, and submit any other documents required to see if you meet the policy. 


8.  Where do I send my application? 
Your application, including all accompanying documents, should be sent to  the Zimbabwe Unit, PO Box 76516, Manukau City, Auckland.  The unit will get in touch with you if you need to send in any further documentation.


9. I do not have a permit to be in New Zealand as mine has expired but I think I meet the requirements under the Special Zimbabwe Residence Policy.  What should I do?
You must be on a valid permit in order to qualify for residence under the Special Zimbabwe Residence Policy.

 

You should make a request to be considered for a permit under section 35a of the Immigration Act. To do this, you should write to your local branch of Immigration New Zealand, outlining the reasons why you are not on a valid permit.  We will assess this, and if we consider that your reasons are valid we may allow you to apply for a temporary permit.  Once you are on a temporary permit you should apply for residence as soon as possible as you will not be able to apply under the Special Zimbabwe Residence Policy after 28 February 2007.


10.  Are people who arrive in New Zealand after 23 September 2004  eligible to apply for residence under the Special Zimbabwe Residence  Policy?
No. Apart from the people referred to in Q13, only Zimbabweans who arrived in New Zealand on or before 23 September 2004 are able to apply under the special policy.


11. I submitted my medicals for my temporary application.  Do I have to resubmit medicals when I apply for residence under the Special Zimbabwe Residence Policy?
Medicals must not be more than three months old when a residence  application is lodged.  However, Immigration New Zealand can waive this  requirement for lodgement purposes on a case-by-case basis.  You should  submit your application and we will tell you if new medicals are required.


12. I have been approved a temporary permit under the policy for Zimbabwean Nationals Temporarily in New Zealand; does this mean that I automatically meet the Special Zimbabwe Residence Policy requirements?
No, there are additional criteria that you must meet for residence under the Special Zimbabwe Residence Policy. 

 

Some of the additional requirements are that:

 

  • you must have arrived in New Zealand on or before 23 September 2004 on a Zimbabwean passport; and 
  • you must not have spent more than 90 days in total outside New Zealand since 1 April 2000.


13. What will happen if I do appear to meet one of the other residence  policies?
The Special Zimbabwe Residence Policy is meant to be for those Zimbabwe nationals who do not meet normal residence policy.  If it appears that you  are eligible for residence under normal policy you will be required to apply  under normal policy.


14. I arrived in New Zealand in 2003, and have been here lawfully since  then.  However, I flew to Australia on 5 September 2004 to renew  my passport in Canberra, and arrived back in the country after 23  September.  What happens to me?
 If you first arrived in New Zealand on or before 23 September 2004, and you  have not spent more than 90 days in total out of the country since 1 April  2000, and you meet all the other criteria, you may be eligible to apply for  residence under the special policy. 


15.  Will Zimbabweans who want to visit New Zealand still require visitor  visas to come here?
Yes, the visa waiver suspension with Zimbabwe is continuing.  People who  apply for a visa will have to prove they intend to come for a short time, and  that they will return to Zimbabwe before their permit expires.


16. Should I tell my friends to come to New Zealand so that they can  apply under the Special Zimbabwe Residence Policy?
No. Only Zimbabweans who arrived in New Zealand on or before 23  September 2004 are able to apply under the special policy.  The  Department  of Labour (Immigration Service) and the Ministry of Foreign Affairs and Trade,  which between them are responsible for issuing visas for travel to New  Zealand, are applying stringent criteria to applications for temporary visas  from Zimbabwean nationals.  Applicants must prove that they intend to leave  New Zealand before the expiry date of their permit.


17. I have a friend who has committed crimes while in New Zealand.   According to your list of criteria in Q.2 they might not qualify for  approval under the special category.  Should they still apply?
Cabinet has agreed that there will be provision for some people who have character issues to be considered for waivers.  Your friend should still apply  if they meet the other criteria; however their application may be referred to  the Associate Minister of Immigration for his consideration.


18. I have a UK passport but I have never been there and all my family is in New Zealand.  I see that under the list of criteria in Q.2 I might  not qualify for approval under the special category.  What should I  do?
In principle, you do not qualify as you have another country you can live in. However, if you feel that your position is especially compelling, you should  write to the Associate Minister of Immigration about it.


19.  I have a partner and children who are not currently in New Zealand;  can they be included in my residence application under the Special  Zimbabwe Residence Policy?
Yes, your partner and children can be included in your Special Zimbabwe Residence Policy application. 


20. My Zimbabwean passport has expired, what should I do?
You can approach the Department of Internal Affairs to ask about the  possibility of obtaining a New Zealand travel document.  Internal Affairs’ phone number is 0800 22 50 50.


Questions Specific to Policy Amendments Effective 30 August 2006

On 30 August 2006 the Ministers of Immigration and Health announced that Zimbabwean nationals who apply for residence under the Special Zimbabwe Residence Policy and who are living in New Zealand will be exempt from the requirement to be of an acceptable standard of health. 


21.  Do I still need to supply the medical forms if I am applying for  residence under the Special Zimbabwe Residence Policy?
Yes, you must still supply medical forms as we will need to make a health assessment for our records.


22.  I submitted my medicals for my temporary application.  Do I have to  resubmit medicals when I apply for residence under the Special  Zimbabwe Residence Policy?
Medicals must not be more than three months old when a residence  application is lodged.  However, Immigration New Zealand can waive this  requirement for lodgement purposes on a case-by-case basis.  You should  submit your application and we will tell you if new medicals are required.


23. I lodged my residence application under the Special Zimbabwe Residence Policy before the policy changed.  What happens to my application?
These cases will be considered on an individual basis and they may be considered for a medical waiver.  You should discuss your individual situation with your case officer, via the National Contact Centre. 


24. My Zimbabwean friend/family member was not approved residence under another residence category because they were not considered to be of an acceptable standard of health.  Can they apply under the changed Special Zimbabwe Residence Policy?
Yes, they can apply under the changed Special Zimbabwe Residence Policy, and they will be exempt from the requirement to have an acceptable standard of health if they meet the other policy requirements.


25. I am a Zimbabwean national, but I was encouraged to apply for  residence under the Skilled Migrant Category (or any other residence  category).  Can I be considered for a medical waiver under that  policy? 
Yes, applicants under the Skilled Migrant Category (or any other residence category) who have an unacceptable standard of health can be considered  for a medical waiver and will be considered under the usual medical waiver  policy. 


26. I have a partner and children who are living in New Zealand; can they be included in my residence application under the Special Zimbabwe Residence Policy?
Yes, your partner and children can be included in your Special Zimbabwe Residence Policy application.  They will have to meet normal criteria for inclusion of partners and children of principal applicants.

 

They will also be exempted from the requirement to be of an acceptable standard of health for residence if they are in New Zealand when you make your application for residence.


27. I have a partner and children who are not currently in New Zealand; can they be included in my residence application under the Special Zimbabwe Residence Policy?

Yes, your partner and children can be included in your Special Zimbabwe Residence Policy application.  They will have to meet normal criteria for inclusion of partners and children of principal applicants.

 

They will not be exempted from the requirement to be of an acceptable standard of health for residence, however, if they have an unacceptable standard of health they can be considered for medical waivers.


Page Last Updated: 30 Aug 2006

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