E3.25 Conditions of temporary entry class visas may be imposed, varied or waived (11/04/2016)

See also Immigration Act 2009 ss 52, 386 A(3) and 387A

1. On granting a temporary entry class visa, the Minister or an immigration officer may:
   1. impose conditions in addition to those specified in temporary entry instructions in relation to a visa of that class or type;
   2. vary or waive conditions that would otherwise apply to a visa of that class or type.
2. Following the grant of a temporary entry class visa, the Minister or an immigration officer may:
   1. impose further conditions whether or not the conditions are specified in temporary entry instructions in relation to a visa of that class or type;
   2. vary or cancel conditions that would otherwise apply to a visa of that class or type or which were imposed when the visa was granted.
3. The Minister or an immigration officer may also do one or more of the things mentioned in E3.25 (b) by agreement with the visa holder.
4. The Minister or an immigration officer must notify the visa holder in writing of the conditions imposed, varied, waived or cancelled in E3.25 (b) or (c) above. Notice must be:
   1. given to the visa holder personally; or
   2. sent to the contact address.

      Note: If the contact address is a physical address, notice must be sent by registered post to that address. If the contact address is an electronic address, notice must be sent by electronic means to that address.

5. The conditions imposed, varied, waived or cancelled take effect:
   1. from the date the visa is granted, if the condition is imposed, varied, or waived when the visa is granted; or
   2. from the date specified in the notice. The specified date must not be earlier than the date of notification.

E3.25.1 Varying the conditions of temporary entry class visas

See also Immigration Act 2009 s 52

1. Holders of temporary entry class visas should apply for a variation of the conditions of their visa if:
   1. they wish to work and do not have a visa that allows work in New Zealand; or
   2. they hold a work or visitor visa and wish to undertake a programme of study in New Zealand for longer than 3 months (unless U2.5 applies); or
   3. they hold a work visa limited by conditions and wish to change employers, and/or occupation and/or the place of employment.
2. Immigration officers may grant a variation of conditions in such cases provided that the applicant completes an Application for Variation of Conditions and produces:
   1. the appropriate fee;
   2. a valid passport or travel document;
   3. documents which support the requested variation, such as:
      • an offer of employment (see WK2.10.10); or
      • an offer of place at a suitable education provider (see U3.5), and evidence of tuition fee payment or exemption (see U3.10); and
   4. any other documents or information requested by the immigration officer.
3. A variation of conditions will only be granted where the varied conditions still meet the objectives of the instructions which the visa was granted under.
4. In order to meet the objective of Essential Skills instructions, particularly WK1.1(c), Essential Skills visa holders seeking to change occupation or place of employment will not be granted a variation of conditions and must instead apply for a new work visa, unless their occupation is listed on the Essential Skills in Demand Lists and the applicant meets the requirements of the list.
5. Holders of visitor visas granted under V3.100 Guardians accompanying students to New Zealand may only be granted a variation of conditions for part time work or part time study between the hours 9:30am and 2:30pm Monday to Friday (inclusive) (see V3.100.35).
6. Holders of visitor visas may be granted a variation of conditions for a duration of six weeks to undertake seasonal work (planting, maintaining, harvesting and packing crops) in any region where the Ministry of Social Development has identified a shortage of seasonal labour and for any employer in the horticulture or viticulture industries, provided the applicant has not been granted a variation of conditions for this purpose since their most recent entry to New Zealand.
7. Holders of student visas may be granted a variation of conditions to allow them to work in line with the requirements at U13.
8. Holders of a work visa granted under WS2 as players or professional sports coaches may apply for a variation of conditions of their work visa to undertake additional employment. A variation of conditions may be granted if:
   1. the terms of the existing employment have been met, and will continue to be met; and
   2. the secondary employment is offered by the sports club or a company involved in the sport and the position is offered solely to this particular player or coach; or
   3. the secondary employment is offered by an employer other than the sports club or a company involved in the sport and an immigration officer is satisfied that there are no New Zealand citizens or residence class visa holders available to be employed in the position (see WK2.5).

Effective 11/04/2016