S5.5 First time holders of resident visas who left New Zealand holding a work visa and who normally live in New Zealand (to 31/07/2022)

S5.5.1 Overview

The purpose of these instructions is to enable travel to New Zealand by people who:

1. are currently outside of New Zealand;
2. were granted a resident visa since departing New Zealand;
3. at the time of departing held an Essentials Skills, Entrepreneur or Work to Residence visa;
4. continue to hold a current job (that would be within the conditions of that previous visa) or still operate a business; and
5. have a strong on-going connection to New Zealand.

S5.5.5 Expression of interest

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 9

1. A person may express interest in applying for a resident visa under these instructions by completing the approved form provided for this purpose on the Immigration New Zealand website.
2. A person expressing interest in applying for a visa under these instructions must pay the prescribed fee (if any), which also covers any partner and dependent children included in the Expression of Interest.

S5.5.10 Submission of an Expression of Interest into the Pool

1. An Expression of Interest (EOI) notified under S5.5 will be entered into a Pool of EOIs (the Pool).
2. The Pool also contains EOIs that have been notified under H5.25.15(j).

S5.5.15 Selection from the Pool

EOIs will be selected from the Pool periodically by lodgement date order, regardless of whether the EOI was notified under S5.5, or under COVID-19 Support Restricted Temporary instructions.

S5.5.20 Lapsing an Expression of Interest

See also Immigration Act 2009 s24

See also Immigration Act 2009 s92

1. An EOI in obtaining an invitation to apply for a visa that has been notified under S5.5 will be lapsed where:
   1. the category of COVID-19 Support Residence instructions "S5.5 First time holders of resident visas who left New Zealand holding a work visa and who normally live in New Zealand" ceases to be in effect; and
   2. the EOI has not been drawn from the Pool.
2. Any lapsed EOI will not result in the refund of the EOI fee.

S5.5.25 Invitation to apply for a resident visa

An immigration officer may invite a person to apply for a resident visa if:

1. the information provided in the EOI indicates that the principal applicant meets the requirements set out S5.5.35; and
2. any partner or dependent children of the principal applicant included in the EOI holds a resident visa that was granted on the basis of their relationship to the principal applicant.

S5.5.30 Making an application

1. A person may only apply for a visa under these instructions if they are invited to do so.
2. An application must be made within 4 months of the date of the invitation to apply.
3. An application for a visa must be made in the prescribed manner.
4. Where the principal applicant has been invited to apply for a resident visa on the basis that the information provided in their Expression of Interest indicates that the applicant meets the requirements of S5.5.35(e)(i), the principal applicant must provide a statutory declaration completed by their employer that states that the principal applicant is currently employed in the same position the principal applicant held immediately before departing New Zealand, and that the employment relationship has been maintained continuously since the principal applicant departed New Zealand.

S5.5.35 Determining an application for a visa

A resident visa may be granted if an immigration officer is satisfied that the principal applicant meets the following requirements:

1. The principal applicant departed New Zealand between 1 December 2019 and 9 October 2020 (inclusive) and is currently outside of New Zealand.
2. The principal applicant holds a current resident visa that was granted after they left New Zealand.
3. At the time of departing New Zealand, the principal applicant held either a current:
   1. Work to Residence visa; or
   2. Entrepreneur work visa; or
   3. Essential Skills visa based on mid-skilled or higher-skilled employment, or based on employment assessed as being paid at or above the median wage.
4. If the visa held by the principal applicant at the time of departure from New Zealand had an expiry date before 1 January 2021, the principal applicant must have submitted their application for a resident visa on or before 9 August 2020.
5. The principal applicant has retained their job or business in New Zealand in that they:
   1. were employed at the time of departing New Zealand in accordance with the conditions of their existing visa, are employed in the same position, and have maintained their employment relationship continuously since departing New Zealand; or
   2. if the applicant held an Entrepreneur Work Visa at the time of departing New Zealand, they operated a business in New Zealand at the time of departing New Zealand in accordance with the conditions of their existing visa, and have continued to operate that same business since departing New Zealand.
6. The principal applicant was in New Zealand for either:
   1. at least 273 days in each of the two 12 month periods immediately preceding the date of their departure from New Zealand; or
   2. at least 273 days in the 12 month period immediately preceding the date of their departure from New Zealand and meets one of the following:
      • if the applicant held an Entrepreneur Work Visa at the time of departing New Zealand, they operated a business at the time of departing New Zealand in accordance with the conditions of their visa, and have continued to operate the same business since departing New Zealand; or
      • had one or more dependent children with them in New Zealand for at least 6 months of that 12 month period; or
      • have parents or siblings who are 18 years or older, who are currently in, and who are ordinarily resident in, New Zealand; or
      • submitted their application for their current resident visa on or before 9 August 2020.
7. Applicants are required to meet health and character requirements (A4 and A5) but are not required to provide medical certificates or Police certificates with their application. Unless an immigration officer has received information that indicates that these requirements may not be met, the immigration officer may be satisfied that these requirements are met by virtue of the applicant having been granted a current resident visa.

Notes:

Work to Residence visas include Talent (Accredited Employer), Talent (Arts, Culture and Sports), Long Term Skill Shortage List, Skilled Migrant Category Job Search, South Island Contribution and Global Impact visas.

If a person’s application is declined under these instructions, they will still hold a current resident visa. A decision to decline this application will not affect the status of their current resident visa.

S5.5.40 Currency and conditions

A resident visa granted under these instructions must be granted with the same conditions (including travel conditions) as the resident visa held by the applicant at the time they lodge their application.

Effective 30/07/2021