2014-Nov 21: E3.10 and E3.11 instruction changes

Visa Pak 189 - Guidelines about duration of visa issued inline with E3.10 and E3.11 instruction changes

Visa Paks

21 November 2014

E3.10 and E3.11 instruction changes

Action required: Note instruction changes to E3.10 and E3.11

Changes to instructions E3.10 mean that applicants who are approved a work visa for 24 months or longer can be issued the full duration of their visa, regardless of the applicant’s passport expiration date. This is to ensure that eligibility to publicly-funded health care in New Zealand is easier to establish.

Implementing Instruction changes

A warning box will appear in AMS when trying to issue a visa exceeding the passport expiry date. If instructions E3.10 (b) are met this message can be ignored and the full duration of the visa can be issued beyond the expiry date of the passport.

Please note the instructions specify a work visa can be issued beyond the passport expiry in cases where ‘a work visa for 24 months or longer’ has been approved. Multiple work visas equalling 24 months or longer cannot be issued beyond the expiry of the passport. In these instances applicants should obtain a new passport before issuing a further work visa as per instructions E3.10 (a). The visa must also be a ‘work visa’ other visa types e.g. dependant student visas cannot be issued past the passport expiry date. These applicants will need to obtain a new passport before issuing the visa or apply for a transfer of their visa as per normal practice.

The work visa will remain valid while the applicant is in New Zealand even if the passport expires, however, applicants should transfer their visa when they obtain a new passport. If the applicant wishes to travel in or out of New Zealand on a new passport the visa must be transferred into the new passport before they do so, if it is not transferred the applicant may not be allowed re-entry to New Zealand.

Instructions state:

‘the holder must be informed in writing that their visa must be transferred into their new passport if they wish to travel in or out of New Zealand on their new passport.’

Certain work visa approval letters have been amended to include the following wording:

‘Please note that your work visa has been granted past the expiry of your passport. When you obtain a new passport, you must transfer your visa by providing us your old and new passports together with a completed Application for Transfer or Confirmation of a Visa (INZ 1023) form. You will need to pay a fee for this service. If you travel without transferring your visa, you may not be allowed re-entry to New Zealand.’

If you are issuing a work visa beyond the expiry of the passport please ensure the above wording is included in any approval letter.
When transferring the visa into the new passport the visa can be transferred without varying the expiry date, as per instructions E3.11 (d).

Instructions A2.1.1 still apply and the passport must not be expired at the time of application or when the visa is issued. Please also consider when the applicant wishes to travel to New Zealand as the passport must be valid for travel.

Please inform staff of the above and apply the new instructions accordingly.