H5.20 Determining an application (to 17/06/2020)

Note: The instructions in this section cease to be effective from 18/06/2020

A Visitor Visa may be granted if an immigration officer is satisfied that the all applicants included in the application:

1. meet health and character requirements for temporary entry (A4 and A5); and
2. are bona fide (E5) applicants for a temporary entry class visa; and
3. meet funds or sponsorship requirements for visitors (V2.20); and
4. meet onward travel requirements for visitors (V2.25); and
5. have a critical purpose for travel to New Zealand as described in H5.20.1.

H5.20.1 Critical purpose for travelling to New Zealand

The following people are considered to have a critical purpose for travelling to New Zealand under these instructions:

1. Essential health workers as confirmed by the Ministry of Health, and their partners and dependent children (H5.25.1).
2. Essential workers, and their partners and dependent children (H5.25.5).
3. Citizens of Samoa and Tonga making essential travel to New Zealand where this travel has been officially requested by the Government of Samoa or Tonga, and this request has been formally approved by the New Zealand Ministry of Foreign Affairs and Trade.
4. People who have humanitarian reasons for travel to New Zealand (H5.25.10).
5. The partner, dependent child or legal guardian of a New Zealand citizen or permanent resident visa holder and who is travelling with that New Zealand citizen or permanent resident.
6. The partner, dependent child or legal guardian of the holder of a New Zealand resident visa that was granted in New Zealand and who is travelling with that New Zealand resident visa holder.
7. The partner, dependent child or legal guardian of the holder of a New Zealand resident visa holder where that resident visa holder is arriving in New Zealand for a second or subsequent time as the holder of that visa, and who is travelling with that New Zealand resident visa holder.
8. People who hold a visitor, work or student visa and:
   1. are ordinarily resident in New Zealand; and
   2. are the partner or dependent child (see E4.1) of a work or student visa holder who is in New Zealand.

H5.20.5 Family relationships

1. A person will be considered to be the partner of a New Zealand citizen, or permanent resident visa holder, or resident visa holder, or Australian citizen or permanent resident who is ordinarily resident in New Zealand, if they meet the requirements for partners specified in E4.1.
2. A person will be considered to be a dependent child of a New Zealand citizen or permanent resident visa holder, or resident visa holder, or Australian citizen or permanent resident who is ordinarily resident in New Zealand, if they meet the requirements for dependent children specified in E4.1.
3. A person will be considered to be a partner of a visitor, work or student visa holder who is in New Zealand, if they meet the requirements for partners specified in E4.1.
4. A person will be considered to be a dependent child of a visitor, work or student visa holder who is in New Zealand, if they meet the requirements for dependent children specified in E4.1.
5. An immigration officer must be satisfied that a person is a partner or dependent child of a New Zealand citizen or visa holder, or Australian citizen or permanent resident who is ordinarily resident in New Zealand, before a visa can be granted to a person for a critical purpose based on that relationship.

Note: Where a person is applying as the partner or dependent child of a New Zealand citizen or visa holder, or Australian citizen or permanent resident who is ordinarily resident in New Zealand, evidence of the relationship must be provided if Immigration New Zealand has not established the relationship in a previous visa application.

Effective 02/06/2020