2013-Jan 18: Granting Temporary visas on compassionate grounds

Visa Pak 95 - Information about granting Temporary visas on compassionate grounds due to exceptional circumstances

Visa Paks

18 January 2013

Granting Temporary visas on compassionate grounds

Several cases have been identified where customers were granted temporary visas on compassionate grounds due to exceptional circumstances e.g. the illness or death of a close family member. It is acknowledged that in some circumstances an exception to instructions (ETI) may be considered but that officers also need to think about what will happen when that temporary visa expires i.e. what will the customers’ personal circumstances be when their temporary visa expires?

Although completely discretionary and bearing in mind that each case is different, officers may wish to consider the following before granting an ETI on compassionate grounds:

  • That arrangements are preferably in place to resolve the need for the person to stay in NZ before issuing an ETI e.g. a relative, already in NZ will change jobs or hours to take over caring from the applicant, but needs to give notice.
    • When doing this we need to be satisfied that everything is in place to resolve the situation and that it’s within a short, finite time before issuing the visa. It may not be sufficient to advise the applicant to find a solution within the validity of the visa; they must already have a viable solution found and confirmed.
  • If granting a visa on compassionate grounds (e.g. to care for a sick relative) that the requirement for the person to be in NZ will no longer be needed by the time the visa expires. (e.g. that the need for care will only be short term, for a measurable period).
  • If granting a short term visa for the purpose of someone to leave on a valid visa then consider granting a Limited Visa for this purpose.
  • If the applicant intends to study in New Zealand as a domestic student the applicant must be eligible for domestic fee status as per U3.35. The Ministry of Education determines which students are eligible for domestic status so it is not appropriate for INZ to grant an ETI to enable a person to study as a domestic student if they are not eligible. 
  • If considering a visa to enable someone to pursue residence, the officer should be satisfied they not only prima facie meet instructions for residence but that there is also compelling justification for enabling them to be in New Zealand.
  • Customer understands at the time of the ETI being approved, that there is no guarantee of further visas and that our expectations are set out in writing.

 

Please ensure that there is clear documentation of all communication with the customer in AMS notes.