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L6.1 Limited visas for some refugee or protection status claimants, refugees or protected people

See also Immigration Act 2009 s 150

A limited visa may be granted to a refugee or protection status claimant, a refugee or a protected person only if that person is at the time a holder of a current limited visa and only if a visa is required for the claimant to be in New Zealand lawfully while their claim is being determined.

L6.1.1 General requirements

See also Immigration Act 2009 ss 61, 150

  1. A refugee or protection status claimant, a refugee or a protected person who holds a limited visa may submit an application for a further limited visa at any INZ office in New Zealand.
  2. Applications must be made on the application form Visitor Visa Application (INZ 1017) or Student Visa Application (INZ 1012) (depending on the nature of the express purpose), and submitted together with the applicant's passport (or a certified copy) or travel document (or a certified copy) and a passport-sized photograph.
  3. Applicants are exempt from paying the application fee and immigration levy.
  4. The applicant must ensure that they submit each application before any current limited visa expires (see L2.1).
  5. The following refugee or protection status claimants, refugees or protected persons who require further time in order to achieve the express purpose for which they were granted a limited visa should normally be granted an appropriate temporary visa rather than a further limited visa where:
    1. claimants who apply to be lawfully in New Zealand while their claim is determined;
    2. refugees or protected people who have yet to be granted a residence class visa.
  6. Refugee or protection status claimants, a refugee or a protected person whose express purpose has been achieved or abandoned or is no longer achievable may not be granted a further limited visa 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 visa they have no right to apply for a further visa, they may nevertheless be eligible for the grant of a visa under section 61 after their limited visa expires, at the discretion of the Minister or an immigration officer.

L6.1.5 Conditions of limited visas granted to refugee or protection status claimants

In addition to any of the conditions listed in L2.40, each time a limited visa is granted to a refugee or protection status claimant, they must be advised in writing that their visa is subject to the following conditions:

  1. that at all times they keep INZ informed of any change of residential address; and
  2. that they may be liable for deportation if:
    1. their claim for refugee or protection status is declined and they fail to appeal, or have appealed unsuccessfully, to the Tribunal; or
    2. they withdraw their claim.

L6.1.10 Granting limited visas to refugee or protection status claimants at the border

See also Immigration Act 2009 ss 15, 16

  1. If the holder of a limited visa claims refugee or protection status at the border, the holder, unless subject to sections 15 or 16 of the Immigration Act 2009 (see A5.20), should be granted entry permission for the period required to achieve the express purpose for which they were originally issued the limited visa.
  2. If the claimant does not confirm their claim in the prescribed manner (see C3.25) at the border, they should be told that an application for a further limited visa will only be considered after they have confirmed their claim in the prescribed manner.

L6.1.15 Grant of limited visa in relation to criminal matters

See also Immigration Act 2009 s 83

  1. A limited visa may be granted to a person if:
    1. a certificate has been issued in respect of the person under section 13 or 42(5) of the Mutual Assistance in Criminal Matters Act 1992; and
    2. the limited visa is granted for the sole purpose of enabling the person:
      • to be in New Zealand for the purposes of giving or providing evidence or assistance pursuant to a request made under section 12 of the Mutual Assistance in Criminal Matters Act 1992; or
      • to be transported through New Zealand pursuant to section 42 of the Mutual Assistance in Criminal Matters Act 1992.
  2. A limited visa may also be granted to a person for the sole purpose of enabling the person to return to New Zealand to face any charge in New Zealand or to serve any sentence imposed on the person in New Zealand.

Effective 25/09/2023

PREVIOUS IMMIGRATION INSTRUCTIONS

L6.1 Limited visas for some refugee or protection status claimants, refugees or protected people (26/11/2018)

L6.1 Limited visas for some refugee or protection status claimants, refugees or protected people (08/05/2017)

L6.1 Limited visas for some refugee or protection status claimants, refugees or protected people (30/03/2015)

L6.1 Limited visas for some refugee or protection status claimants, refugees or protected people (29/11/2010)

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