RA5 Who may not apply for a residence class visa

1. Under section 71(4) of the Immigration Act 2009, no limited visa holder, interim visa holder, transit visa holder or person who is liable for deportation (including people who are unlawfully in New Zealand) may apply for a residence class visa.
2. However, the Minister of Immigration or appropriately delegated immigration officer, in his or her absolute discretion may grant a residence class visa to a person to whom (a) above applies. In such cases:
   1. the Minister or appropriate immigration officer is not obliged to consider a purported application from such a person; and
   2. whether the purported application is considered or not, the Minister or immigration officer is not obliged to give reasons for any decision on it, other than that section 11 applies; and
   3. section 23 of the Official Information Act 1982 and section 27 of the Immigration Act 2009 (concerning the right of access to reasons for decisions) do not apply.
3. In some cases, a person may only apply for a residence class visa if they have earlier been invited to apply for residence by an immigration officer. An invitation to apply for residence is sought through the completion and lodgement of an Expression of Interest. An invitation to apply is required for all applications for residence under the Parent Category, Skilled Migrant Category, and Community Organisation Refugee Sponsorship Category.

Effective 27/08/2023