L3.1 Granting limited visas to temporary visa applicants

See also Immigration Act 2009 s 82

1. If a person applies in the prescribed manner for a temporary visa, an immigration officer may grant a limited visa instead of the temporary visa applied for if and only if:
   1. the person:
      • including a person to whom a visa waiver applies, is outside New Zealand and wishes to come to New Zealand for an express purpose; or
      • is a person to whom a visa waiver applies who arrives in New Zealand and wishes to stay in New Zealand for an express purpose; or
      • is the holder of a temporary entry class visa and agrees to the grant of a limited visa; and
   2. the immigration officer identifies a risk that the person will remain in New Zealand beyond the expiry of their visa; and
   3. the immigration officer considers that the grant of a limited visa rather than a temporary visa is necessary to manage the risk.
2. If the holder of a temporary visa applies for entry permission, an immigration officer may cancel the temporary visa held by granting the person a limited visa, and grant entry permission to the person on the basis of the limited visa if and only if:
   1. the person wishes to enter New Zealand for an express purpose; and
   2. an immigration officer identifies a risk that the person will remain in New Zealand beyond the expiry of their visa; and
   3. the immigration officer considers that granting a limited visa and entry permission on the basis of that visa is necessary to manage that risk; and
   4. the person agrees to the grant of a limited visa and entry permission on the basis of that visa.
3. Normal verification processes must be carried out before a limited visa can be considered.
4. A limited visa may be granted only to manage an identified risk that the applicant may remain in New Zealand after their visa expires. Other risks (e.g. health or character risks) may also be present in the application, but a limited visa may not be granted to manage such risks.
5. Limited visas should be granted sparingly.
6. If an immigration officer intends to grant a limited visa instead of the temporary visa applied for, the officer must:
   1. advise the applicant in writing of:
      • that intention; and
      • the limitations and conditions to which holders of limited visas are subject (see L2.35); and
   2. give the applicant reasonable opportunity to comment on that intention.
7. If the applicant does not wish to be granted a limited visa, the immigration officer will determine the application on the information available at the time.

Effective 29/11/2010