2015-Jan 23: Limbo Day – Expiry of a visa

Visa Pak 194: Clarification for staff regarding the expiry date of a visa and when an applicant becomes unlawful if they are still in New Zealand. This includes the 'Limbo Day' where the client does not a visa but is not considered to be unlawful.

Visa Paks

23 January 2015

Limbo Day – Expiry of a visa

 This is a reminder to staff that the expiry of a visa is the day after the visa end date (s63 (a)) and that a person becomes unlawful on the day after the visa expires (s9(b)).
Section 63(1) of the Act says the visa is no longer valid the beginning of the day after the event specified on the label (which might be a visa expiry date or departure date or the end of a specified period), an example of this is below.

Work visa example

01/10/2015 - Date stated on the work visa as the expiry date (‘event’)
02/10/2015 – Date the work visa ‘expires’ (limbo day)
03/10/2015 – Date the person becomes unlawful (s154 person is liable for deportation)

In this example, the suspension of processing residence applications provision (s169 (3) applies from the 03/10/2015, because this is when the person became unlawful and is liable for deportation.

A decision can still be made on a residence application on the ‘limbo day’ (02/10/2015) as the applicant is not unlawful on this date.

Interim visa example

01/08/2014 - Date the previous valid work visa expired
24/07/2014 - Date the interim visa was issued
06/08/2014 - Date the substantive visa application was declined
06/08/2014 - Date the interim visa is valid to (‘event’ - based on the substantive visa decline date)
07/08/2014 - Date the interim visa ‘expires’ (limbo day)
08/08/2014 - Date the person becomes unlawful (s154 person is liable for deportation)

Note: The system automatically issues interim visas prior to the client’s current visa expiry in order for the client to maintain their lawful status. No decline date for the interim visa is recorded in AMS; this is linked to the date the decision is made on the substantive application.

Please note:

  • The expiry of a visa is the day after the visa end date (s63 (a)) and a person becomes unlawful on the day after the visa expires (s9(b)).
  • s169(3), suspension of processing residence applications provision, only applies when the person becomes unlawful and is liable for deportation.
  • A decision can still be made on a residence application on the ‘limbo day’ (day after the visa end date) as the applicant is not unlawful on this date.