RV1.5 Overview

See also Immigration Act 2009 ss 63(2), 73

1. A residence class visa holder in New Zealand is entitled to stay in New Zealand indefinitely (RA1.1), however a resident visa holder who leaves New Zealand may only travel to and be granted entry permission as a resident if the conditions of his or her visa allow (these are referred to as travel conditions).
2. A resident visa expires if:
   1. the holder leaves New Zealand and the visa has no valid travel conditions; or
   2. the travel conditions expire while the visa holder is outside New Zealand.
3. This chapter sets out:
   1. the manner in which a resident visa holder may apply for a permanent resident visa (RV2);
   2. the manner in which resident visa holders may apply to vary the travel conditions endorsed on their resident visas (RV3);
   3. the manner in which a second or subsequent resident visa can be applied for by a former resident visa holder whose resident visa has expired as set out in (b) above (RV4).
4. A resident visa holder or former resident visa holder must have been in New Zealand as a resident (R5.66.5(b)) to be granted a residence class visa or a variation of travel conditions under these instructions.

RV1.5.1 Visas and permits issued or granted under the Immigration Act 1987

See also Immigration Act 2009 s 415, Schedule 5

1. Where the instructions in this chapter refer to holders of a resident visa, this also includes holders of residence visas and residence permits issued or granted under the Immigration Act 1987.
2. Where the instructions in this chapter refer to an applicant’s time spent in New Zealand as a resident, this is also considered to include time spent in New Zealand as a holder of a residence permit or exempt from the need to hold a residence permit under the Immigration Act 1987.
3. Where the instructions in this chapter refer to conditions imposed under section 49(1) or 50 of the Immigration Act 2009, this is considered to include requirements imposed under section 18A of the Immigration Act 1987.

Effective 07/11/2011