C8.10 Temporary visas for refugees and protected people who are members of a mass arrival group

C8.10.1 Grant of a temporary visa for refugees and protected people who are members of a mass arrival group

1. A member of mass arrival group may be granted a temporary visa with stay conditions of three years’ duration if they:
   1. have had their status determined and are currently recognised within New Zealand as holding refugee or protection status (see C2); and
   2. apply for a work, student or visitor visa from within New Zealand by lodging an application in the prescribed manner (see E4.40 and E4.50); and
   3. meet the health and character requirements in A4 and A5, or are waived from these requirements by an appropriately delegated immigration officer who has applied the instructions specified at A4.65, A4.70 and A5.45.1.
2. A person may be granted a temporary visa under C8.10.1 once only, but may be granted a temporary visa of a different type, as specified at C8.10.10, or a subsequent temporary visa, as specified at C8.10.15.

C8.10.5 Types of temporary visas granted to members of a mass arrival group

1. When applying C8.10.1, the following temporary visas may be granted at the discretion of an immigration officer:
   1. A work visa may be granted to an individual adult who does not have members of his/her immediate family in New Zealand, or to one adult in a family group, unless there are exceptional circumstances to grant work visas to more than one adult family member.
   2. A student visa may be granted to a child who is of schooling age.
   3. Other people may be granted a type of temporary visa appropriate to their needs and circumstances.
2. Temporary visas for members of a mass arrival group will not ordinarily be granted with travel conditions

C8.10.10 The grant of a different type of temporary visa to current visa holders

1. A member of a mass arrival group may be granted a different temporary visa to replace their current temporary visa if they:
   1. meet the requirements specified at C8.10.1; and
   2. hold a temporary visa that was granted for three years’ duration under C8.10.1, C8.10.10, or section 61 of the Immigration Act 2009.
2. The type of temporary visa granted under C8.10.10(a) will be:
   1. determined in accordance with C8.10.5; and
   2. current to the same date as the visa the applicant holds currently.

C8.10.15 Grant of a subsequent temporary visa

1. A member of a mass arrival group may be granted a further temporary visa of six months’ duration if they:
   1. hold, or have held, a temporary visa that was granted for three years’ duration under C8.10.1 or section 61 of the Immigration Act 2009; and
   2. are in New Zealand lawfully; and
   3. meet the requirements specified at C8.10.1(a)(ii) and (iii); and either
   4. hold refugee or protection status in New Zealand; or
   5. have had their refugee or protection status ceased or cancelled after a review of their refugee or protection status as specified at C6.1.1, C6.1.5, or C8.15, have appealed against that decision and that appeal is being determined.
2. The type of temporary visa granted under C8.10.15(a) will be determined in accordance with C8.10.5.

Effective 29/07/2013