E2.95 Temporary entry class visas deemed to be held (29/11/2010)

See also Immigration Act 2009 ss 4, 62(4)

No electronic record is required to be created for a visa that is deemed to be granted by or under the Immigration Act 2009.

E2.95.1 Visas deemed to be held by people granted visas, permits or exemptions under the Immigration Act 1987

See also Immigration Act 2009 ss 415, 417

1. A person who, immediately before the commencement of the Immigration Act 2009, held a visa or a permit granted under the Immigration Act 1987 (or was deemed to hold a permit under the Immigration Act 1987) described in the first column of Schedule 5 of the Immigration Act 2009, is deemed on and from the commencement of the Immigration Act 2009 to hold a visa of the corresponding type described in the second column of Schedule 5 of the Immigration Act 2009.
2. A person who immediately before the commencement of the Immigration Act 2009:
   1. held a permit under the Immigration Act 1987 (or was deemed to hold a permit under the Immigration Act 1987) is deemed on and from the commencement of the Immigration Act 2009 to have been granted entry permission. The 2009 Act applies with any necessary modifications.
   2. held a visa (other than a transit visa) and a permit under the Immigration Act 1987, is deemed on and from the commencement of the Immigration Act 2009 to hold a single visa for the duration, and subject to conditions (if any), of the visa and the permit combined (as determined under Schedule 5). The 2009 Act applies with any necessary modifications.
3. A person in New Zealand who immediately before the commencement of the Immigration Act 2009, was under section 11 of the Immigration Act 1987, exempt from the requirement to hold a permit is deemed to hold a temporary visa on and from the commencement of the Immigration Act 2009:
   1. that is current for the period for which the exemption would have applied under section 11 of the Immigration Act 1987 (calculated including any time that has elapsed before the commencement of the Immigration Act 2009); and
   2. subject to conditions that allow the purpose for which the exemption applied to be pursued; and
   3. with entry permission granted on the basis of the temporary visa.
4. A person in New Zealand who immediately before the commencement of the Immigration Act 2009 was, under section 12(2) the Immigration Act 1987, exempt from the requirement to hold a permit by special direction is deemed to:
   1. hold a temporary visa that is current for the period (calculated including any time that has elapsed before the commencement of the Immigration Act 2009) and subject to the conditions (if any) specified in the special direction;
   2. have been granted entry permission on the basis of the temporary visa.
5. An Australian citizen in New Zealand who under the Immigration Act 1987 was exempt from the requirement to hold a permit is deemed on and from commencement of the Immigration Act 2009 to hold a resident visa under the Immigration Act 2009 allowing stay in New Zealand only.
6. Without limiting other provisions in E2.95.1, the period of currency of a visa deemed to be held under the Immigration Act 2009 must be calculated including any time that has elapsed before the commencement of section 404 of the Immigration Act 2009.

E2.95.5 Other visas deemed to be held

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 19, 25, 31, schedule 3

1. The people described below under E2.95.5(c) are deemed to hold a visa and entry permission.
2. People deemed to hold temporary entry class visas must be able to provide evidence of their entitlement to a deemed visa on request.
3. People listed below are deemed to hold a visa in New Zealand for the period specified. A visa must be applied for if a longer stay is required:
   1. crew or passengers (including cruise ship passengers) on any ship carrying passengers or cargo or both (in the ordinary course of business of the ship) between any foreign port and New Zealand, will be deemed to hold a visitor (for passengers) or work (for crew) visa from the time the ship arrives at a port of entry in New Zealand until whichever of the following occurs first:
      • the ship is given clearance to leave its last port of entry in New Zealand for that voyage, or
      • 28 days have expired, beginning with the day the ship arrived at its first port of entry in New Zealand on that voyage.
   2. crew on any foreign ship authorised by the Minister of Transport under section 198(2) of the Maritime Transport Act 1994 to carry coastal cargo (within the meaning of subsection (6) of that section) will be deemed to hold a work visa for a period of 28 days (the first day being the day on which the ship first arrives in New Zealand).
   3. aircraft crew on any commercial aircraft flying between any other country and New Zealand will be deemed to hold a work visa valid for 7 days, beginning with the day on which the aircraft arrived in New Zealand.
   4. members of, or a person associated with, any scientific programme or expedition under the auspices of a Contracting Party to the Antarctic Treaty within the meaning of the Antarctica Act 1960, or a person to whom section 5 of that Act applies who enter the Ross Dependency from a country other than mainland New Zealand, will be deemed to hold a visitor visa for the duration of their stay in the Ross Dependency.
   5. members of, or a person associated with, any scientific programme or expedition under the auspices of a Contracting Party to the Antarctic Treaty within the meaning of the Antarctica Act 1960, or a person to whom section 5 of that Act applies who:
      • have entered the Ross Dependency from a country other than mainland New Zealand, and
      • subsequently travel to another area of New Zealand

      will be deemed to hold a visitor visa on arrival to mainland New Zealand valid for 3 months upon arrival (see V3.50.1).

   6. guests of Government who have been granted a visa waiver to travel by special direction will be deemed to hold a visitor visa valid for 3 months from arrival, "guest of Government" status is granted through the Department of the Prime Minister and Cabinet.
   7. members of a visiting force (including members of the civilian component of the visiting force as defined in the Visiting Forces Act 2004, or crew members of any craft transporting such people to New Zealand who arrived in New Zealand at a defence area (within the meaning of section 2(1) of the Defence Act 1990), and are in New Zealand at the request or with the consent of the Government of New Zealand and in the ordinary course of the member’s duty or employment, will be deemed to hold a military visa valid until the earliest of:
      • the day the holder ceases to be a member of a visiting force of any country, a member of its civilian component, or a crew member of any craft transporting such people to New Zealand; or
      • the conclusion of the holder’s duties or employment in New Zealand.
   8. a person born in New Zealand on or after 1 January 2006, who is determined by the Department of Internal Affairs not to be a New Zealand citizen will be deemed, from the time of birth, to initially have the same immigration status as the most favourable immigration status of either of the person’s parents at the time of their birth (see A17.1).

Effective 29/11/2010