2016-Jun 17: Interim Visas

Visa Pak 264 - Interim visa, advice about their conditions, validity and their primary purpose.

Visa Paks

17 June 2016

Interim Visas

The Immigration Act 1987 did not provide for any natural type of temporary permit to bridge a period of time between the expiry of an applicant’s current temporary permit and a decision being made on the applicant’s substantive temporary permit application. Such applicants had to apply for and obtain short term visitor’s permits to cover these periods.

Interim visas, which have only been available since interim visa instructions took effect on 7 February 2011, are provided for in section 80 of the current Immigration Act 2009 for the purpose of maintaining an applicant’s lawful status in New Zealand while their further temporary visa application is being considered. This is in part why, as set out in interim visa instructions at I1.10, the conditions on each interim visa depend on the type of temporary visa held by the applicant and the type of temporary visa applied for. This means that some applicants holding a work visa may not be able to continue working once granted an interim visa. While it is legally possible to grant a variation of conditions to the holder of an interim visa, doing so would be contrary to the objective of interim visa instructions which is to maintain an applicant’s lawful status rather than advantage them, and therefore is not appropriate other than in truly exceptional circumstances. Our focus should instead be on deciding the application for the further temporary visa.

Interim visa instructions at I1.5 re Currency of an interim visa limit the maximum currency of interim visas to six calendar months. It is not lawfully possible to grant a further interim visa to an interim visa holder other than by way of a request under section 61 once the former interim visa holder has become ‘unlawful’. Such situations should be relatively rare.

Managing expectations

Immigration New Zealand (INZ) staff interacting with temporary visa applicants, or their advocates, need to make it clear that the primary purpose of interim visas is to enable a temporary visa holder to remain lawfully in New Zealand pending a decision on their application for a further temporary visa. Applicants holding a temporary visa with work rights which will end once an interim visa is granted therefore need to plan accordingly, and if possible apply for a further temporary visa well within the currency of their existing temporary visa. Applicants and their advocates can help reduce the time it takes INZ to decide an application for a further temporary visa by ensuring all the relevant information and evidence required by the relevant instructions is supplied at lodgement.

Action

Please discuss with your team(s) and ensure they are aware of and act on the guidance provided above.