L8.1 Limited purpose permits only for some refugee status claimants or refugees

Immigration Act 1987 s 35(1A)

A limited purpose permit may be granted to a refugee status claimant or a refugee only if that person is at the time a holder of a current limited purpose visa or permit.

L8.1.1 General requirements

Immigration Act 1987 ss 34D(2), 35(1)

1. A refugee status claimant or refugee who holds an limited purpose permit may submit an application for a further limited purpose permit at any NZIS office in New Zealand.
2. Applications must be made on the application form Application For Visiting New Zealand or Application For Study in New Zealand (depending on the nature of the express purpose), and submitted together with the applicant's travel document (if available) and a passport-sized photograph.
3. Such applicants do not have to pay a fee.
4. The applicant must ensure that they submit each application before any current limited purpose permit expires (see L3.15).
5. The following refugee status claimants or refugees who require further time in order to achieve the express purpose for which they were issued an limited purpose visa should normally be granted an appropriate temporary permit rather than a further limited purpose permit:
   1. claimants who need more time to have their claim determined;
   2. refugees who have yet to be granted a residence permit.
6. Refugee status claimants or refugees whose express purpose has been achieved or abandoned or is no longer achievable may not be granted a further limited purpose permit because no further time is required in order to achieve the express purpose. However such applicants should be advised that although as the holder of a limited purpose permit they have no right to apply for a further permit, they may nevertheless be eligible for the grant of a permit under section 35A after their limited purpose permit expires, at the discretion of the NZIS.

L8.1.5 Conditions of limited purpose permits granted to refugee status claimants

In addition to any of the conditions listed in L3.45, each time a limited purpose permit is granted to a refugee status claimant, they must be advised in writing that their permit is subject to the following conditions:

1. that at all times they keep the NZIS informed of any change of residential address; and
2. that their limited purpose permit may be revoked if:
   1. their claim for refugee status is declined and they fail to appeal, or have appealed unsuccessfully, to the Refugee Status Appeals Authority; or
   2. they withdraw their claim; or
   3. they fail to attend a scheduled interview; or
   4. they fail to comply with L8.1.5(a) above.

L8.1.10 Granting limited purpose permits to refugee status claimants at the border

1. If the holder of a limited purpose visa claims refugee status at the border, the holder, unless subject to section 7 of the Immigration Act 1987 (see A5.35), should be granted a limited purpose permit for the period required to achieve the express purpose for which they were originally issued the limited purpose visa.
2. If the claimant does not confirm their claim in the prescribed manner (see C3.20) at the border, they should be told that an application for a further limited purpose permit will only be considered after they have confirmed their claim in the prescribed manner.

L8.1.15 Situation of refugee status claimants in New Zealand unlawfully

Immigration Act 1987 s 34D(2)(b)

Refugee status claimants who hold an expired limited purpose permit may not request a further permit under section 35A of the Immigration Act 1987 (see L3.40). However such people should be advised that although as the holder of an expired limited purpose permit they have no right to apply for a further permit, they may nevertheless be eligible for the grant of a permit under section 35A, at the discretion of the NZIS.

Effective 01/07/2001