2015-Sep 18: Interim Visa Conditions following a Section 61 Visa

Visa Pak 229 - Clarification about Interim Visa Conditions applicable following a Section 61 Visa and referring to I1.10 for interim visa conditions.

Visa Paks

18 September 2015

Interim Visa Conditions following a Section 61 Visa

This article provides advice on the visa conditions that can be applied to an interim visa when the client holds a visa granted under section 61 of the Immigration Act 2009. A situation where this will apply is as follows:

  • A person is granted a work visa under section 61, based on their partnership with a New Zealand citizen/resident and is granted open work conditions.
  • When that visa is coming to its expiry date the person applies for a work visa under partnership (which would give them open work conditions).
  • The person’s visa expires while their application is still under process and they are granted an interim visa.

The relevant instructions in this scenario are I1.10 Interim visa conditions which state that the conditions on each interim visa will depend on the type of temporary visa held by the applicant, and the type of visa applied for. Therefore in the situation outlined above the interim visa conditions should be Work (open). This conclusion is supported by the fact the section 61 visa was based on partnership reasons.

If Officers are unclear about what kind of visa was issued under section 61 the decision template in AMS will normally make it clear. If it doesn’t the officer should contact the Section 61 team.

Action

Please ensure that if you are unsure about what conditions to grant on an interim visa for someone who holds a section 61 visa that you read the section 61 template in AMS.