R5.30 Approving an application (23/07/2021)

Applications for a residence class visa must be approved if the immigration officer is satisfied that:

1. the applicant has provided all evidence required by the applicable residence instructions, and any additional evidence requested by the immigration officer; and
2. the applicant meets applicable residence instructions including the requirements of health and character.

R5.30.1 Approving an application for a resident visa made at an immigration control area by holders of current Australian permanent residence visas, current Australian resident return visas or valid Australian passports

1. People who hold current Australian permanent residence visas, current Australian resident return visas or valid Australian passports may be granted resident visas on arrival in New Zealand, provided they have not been excluded under sections 15 or 16 of the Immigration Act 2009 (see A5.20).
2. Despite (a), an immigration officer may decline to grant a resident visa if:
   1. the person has arrived in New Zealand in contravention of any order made under section 11 of the COVID-19 Public Health Response Act 2020; or
   2. the person has arrived in New Zealand on a QFT flight as defined in clause 4A of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020, and they are not a QFT person as defined in clause 4(1) of that Order; or
   3. the person has arrived in New Zealand on a QT flight as defined in clause 4 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine Travel from Australia) Notice 2021; and
      • they are not an eligible person as defined in clause 5 of that Notice; or
      • they are not exempt from the requirement to comply with clause 8(2A) of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 by clause 7 of that Notice.
3. If sections 15 or 16 apply, a resident visa may be granted only in accordance with a special direction made under section 17 (see RA7).

Note: A resident visa granted to an Australian passport holder will be an electronic record held by INZ. If an Australian passport holder requires evidence of their resident status in New Zealand, they may apply for a confirmation of a residence class visa (R7).

Effective 23/07/2021