2017-Sep 15: Express Purposes for Limited Visas

Visa Pak 327 - Advice for staff about the issuing of a Limited Visa for an Express Purpose.

Visa Paks

15 September 2017

Express Purposes for Limited Visas

Limited Visas when used correctly are very useful for managing risk. Limited Visas manage risk by limiting a client’s ability to apply for further visas onshore as well as limiting their ability to lodge an appeal with the Immigration and Protection Tribunal.

Immigration instructions state the objective of New Zealand’s Limited Visa instructions is to facilitate the entry of visitors, students, and workers who seek to enter New Zealand temporarily for an express purpose only. With this in mind it is crucial that the express purpose is well defined in both AMS assessment notes and on the client’s visa. For the purpose of a Limited Visa ‘express purpose’ is considered to be an event that is time dependent, i.e. has specific start and finish dates. All events for which a Limited Visa is granted should be clearly defined and have a start and end date. The visa should be granted to enable that purpose to be met with a reasonable period of time to arrive prior to the event starting and departing once the event is finished.

Instruction L2.45 states that the holder of a limited visa may be granted a further Limited Visa only if they require further time to achieve the express purpose for which the original visa was granted. Clearly defining the express purpose and noting the beginning and end date of that purpose ensures that a further Limited Visa can only be obtained onshore when absolutely necessary to complete the purpose for which it was granted. For example, if someone is granted a Limited Visa to attend a 10 week flying course but two weeks of the course are cancelled due to poor weather they would be able to be granted another Limited Visa for a further two weeks to allow them to complete their course.

A poorly defined express purpose without clear beginning and end dates can lead to someone being granted multiple further Limited Visas extensions onshore. For example, a Limited Visa granted for the express purpose of a ‘family visit’ could theoretically enable the holder to be granted further Limited Visas indefinitely as a family visit could continue indefinitely. In this case the Limited Visa is not effectively managing the risk that was originally identified in the application assessment.

Express purposes such as sports tournaments or events such as conferences and graduations clearly have beginning and end dates even if, as in the case of a graduation ceremony, the event will only last for one day. Instruction L2.30 gives examples of express purposes.