S4.35 Afghan Emergency Resettlement Category

S4.35.1 Objective

The Afghan Emergency Resettlement Category provides a specific, time-limited humanitarian residence category for citizens of Afghanistan who evacuated from Afghanistan to New Zealand before 12 September 2021, who were granted a Critical Purpose Visitor visa between 15 August 2021 and 12 September 2021 (inclusive) or between 8 November 2021 and 15 March 2022 (inclusive) by the Associate Minister of Immigration, or who were granted a Critical Purpose Visitor visa as they met defined resettlement criteria and who may still travel to and enter New Zealand.

S4.35.5 Overview

1. Due to concerns for their welfare and security, the New Zealand Government facilitated the evacuation of Afghan citizens from Afghanistan with links to New Zealand through their work or close family connections, or who had other humanitarian reasons for travel to New Zealand. In some cases, immediate families of these Afghan citizens were also granted visas to travel to New Zealand. This facilitation included granting visas for travel to New Zealand, as well as evacuation flights.
2. Once in New Zealand, those evacuated are able to apply for a permanent resident visa under the Afghan Emergency Resettlement Category.
3. An application under the Afghan Emergency Resettlement Category will be approved if the requirements in S4.35.15 are met.

S4.35.10 Making an application

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 Regulations 5 and 20 Applications for residence under the Afghan Emergency Resettlement Category must be made in the prescribed manner (see R2).

1. Despite R2.40(e)(vi), applicants under these instructions are not required to provide a medical certificate as part of their visa application (see A4.20(g)).
2. Despite R2.40(e)(viii), applicants under these instructions are not required to provide a police or similar certificate as part of their visa application, where the applicant is unable to obtain the document (see A5.5(f)).
3. Applications made under these instructions must be lodged on or before 12 December 2022.

Note: Other requirements for making an application under regulation 5 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, and set out in R2.40, have been waived for certain applicants by the Minister of Immigration by special direction.

S4.35.15 Determining an Afghan Emergency Resettlement Category permanent resident visa application

1. An Afghan Emergency Resettlement Category permanent resident visa may be granted if an immigration officer is satisfied that the applicant:
   1. is a citizen of Afghanistan; and
   2. was in Afghanistan on 15 August 2021 (unless (b)(v) below applies); and
   3. entered New Zealand on or after 16 August 2021; and
   4. is in New Zealand at time the visa application is lodged; and
   5. lodged the application on or before 12 December 2022; and
   6. meets one of the criteria in (b) below; and
   7. meet health and character requirements for residence (A4 and A5).
2. The applicant must have met one of the following criteria when they entered New Zealand:
   1. they held a Critical Purpose Visitor Visa, which was granted under section 61A of the Immigration Act 2009 after a relevant New Zealand Government agency had verified that the person met defined resettlement criteria agreed by Cabinet; or
   2. they held a Critical Purpose Visitor Visa, which was granted under section 61A of the Immigration Act 2009 because they were the partner or dependent child of a person described in S4.35.15(b)(i); or
   3. they held a Critical Purpose Visitor Visa which was granted between 15 August 2021 and 12 September 2021 (inclusive); or
   4. they travelled to New Zealand by air (including but not limited to evacuation flights) before 12 September 2021 and when they entered New Zealand they held a valid visa; or
   5. they held a Critical Purpose Visitor Visa, which was granted under section 61A of the Immigration Act 2009 by the Associate Minister of Immigration between 8 November 2021 and 15 March 2022 (inclusive).
3. A partner included in the application must meet the criteria in (a), but does not need to meet the requirements in R2.1.15 in order to be granted an Afghan Emergency Resettlement Category permanent resident visa.
4. A dependent child included in the application must meet the criteria in (a), but does not need to meet the requirements in R2.1.27 – R2.1.55 to be granted an Afghan Emergency Resettlement Category permanent resident visa.

Notes:
~ To avoid doubt, a person holding a resident visa when they entered New Zealand is also eligible to be granted a permanent resident visa under S4.35.15 on the basis that they meet RV2.17.
~ To meet the defined resettlement criteria, a New Zealand Government agency had to verify to the Ministry of Foreign Affairs and Trade that the Afghan national had helped a New Zealand Government agency in Afghanistan, and there were reasonable grounds to believe that their safety or well-being, or that of their immediate family, had been put at risk by their association with New Zealand in Afghanistan, and no other country bore a greater responsibility for their welfare. After the initial verification exercise, Immigration New Zealand granted a Critical Purpose Visitor Visa to the person (and their partner and dependent children where applicable), to travel to New Zealand.

S4.35.20 Grant of a permanent resident visa

Successful applicants under the Afghan Emergency Resettlement Category will be granted a permanent resident visa.

Effective 17/01/2022