Y3.50 People with expired returning resident's visa or...

Y3.50 People with expired returning resident's visa or no returning resident's visa

Immigration Regulations 1999 regs 9, 12

1. A person who is a New Zealand citizen or resident will be referred to an INZ immigration officer on arrival in New Zealand, whether or not they appear to meet the requirements for a permit, if they:
   1. travel outside New Zealand on a foreign passport; and
   2. arrive back in New Zealand with an expired returning resident's visa (RRV) or no RRV.
2. If the person's foreign passport shows that they are a New Zealand citizen or have held a residence permit, the officer may :
   1. give a special direction under regulation 3(7) to waive any entry requirements, if necessary; and
   2. grant a residence permit, if the officer determines that:
      • the person would have been eligible to be granted an RRV before their most recent arrival in New Zealand; and
      • any RRV granted would still have been current on the date of their arrival in New Zealand (see X4); or
   3. (if the person is not eligible for a residence permit) grant a one month temporary permit.
3. If the person's foreign passport does not show that they are a New Zealand citizen or have held a residence permit, but the person claims to be a New Zealand citizen or resident, an INZ immigration officer must establish whether the person is in fact a New Zealand citizen or resident.
4. If the officer clearly establishes that the person is a New Zealand citizen or resident then they may permit the person entry under Y3.50(b).
5. If the officer cannot clearly establish whether the person is a New Zealand citizen or resident, but is satisfied that the person is more likely than not to be a citizen or resident, the officer may:
   1. give a special direction under regulation 9 or 12 to waive any entry requirements, if necessary; and
   2. grant a one month temporary permit.
6. If the officer cannot clearly establish whether the person is a New Zealand citizen or resident, and is not satisfied that the person is more likely than not to be a citizen or resident, the officer may:
   1. grant a one month temporary permit, if the person meets the requirements for a temporary permit; or
   2. refuse entry under section 128 of the Immigration Act 1987, if the person does not meet the requirements for a temporary permit.
7. A person who is granted a permit under Y3.50(b) or (e) must apply for an RRV at the time the permit is granted, by completing a RRV application form and paying the appropriate fee. The completed application must be sent by the officer to the appropriate INZ onshore branch office for processing.

Effective 07/10/2002