E8.10 Temporary visas for refugee or protection status claimants
The requirements for lodging temporary visa applications are different if the applicant is a person who is also claiming refugee or protection status in New Zealand. A claimant who meets the requirements in E8.10.1 may be granted a temporary visa.
E8.10.1 General requirements
See also Immigration Act 2009 s 393
- A refugee or protection status claimant awaiting a decision on their claim, who holds a current temporary visa may submit an application for a further temporary visa at any INZ office in New Zealand.
- Applications must be made on the approved application form and submitted together with the applicant's travel document (or identity document in which the current visa is held), and a passport-sized photograph of the applicant’s head and shoulders.
- Such applicants do not have to pay a fee provided they apply while their claim (or appeal) is being determined and are exempt from paying the immigration levy.
- The applicant must ensure that they submit each application before any existing visa expires (see E2.10).
- Normally, claimants for refugee or protection status will be granted visitor visas (see V3.90). For information on when claimants may be granted other visas see E8.10.15 below, WI6 (work), U3.35 (student) and L6.1 (limited).
E8.10.5 Conditions of temporary visas granted to refugee or protection status claimants
See also Immigration Act 2009 ss 142, 239
- A visa granted to a refugee or protection status claimant before their claim or appeal is determined will not normally include travel conditions because New Zealand's obligations to refugee or protection status claimants cease when they leave New Zealand.
- Despite E8.10.5(a) above, applications will be considered on a case by case basis to see whether the particular circumstances justify granting a visa with travel conditions to return to New Zealand.
- Claimants wishing to travel overseas should be advised that their claim or any subsequent claim or appeal will be treated as withdrawn if they leave New Zealand.
- Each time a temporary 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:
- at all times they keep INZ informed of any change of their New Zealand residential address; and
- that they may become liable for deportation, if:
- their claim is declined, and they fail to appeal, or have appealed unsuccessfully, to the Tribunal; or
- they withdraw their claim.
E8.10.10 Granting temporary visas to refugee or protection status claimants on arrival in New Zealand
See also Immigration Act 2009 ss 14, 15, 16, 103, 378
- If a person indicates an intention to claim refugee or protection status on arrival in New Zealand and they complete a claim form for refugee or protection status, a visitor visa current for 6 months from the date of arrival may be granted, unless there are reasons not to grant a visa, such as:
- the individual is a person to whom section 15 or 16 of the Immigration Act 2009 applies (see A5.40); or
- the person’s identity cannot be established to the satisfaction of INZ.
- Appropriately delegated officers may give special directions to waive the following requirements that usually apply to persons travelling to New Zealand:
- the requirement to travel to New Zealand as the holder of a visa granted under the Immigration Act 2009; and
- the relevant requirements arising under section 103(1) of the Immigration Act 2009.
- The fact that a claimant entered New Zealand on a false passport does not mean that they should not be granted a temporary visa.
- If the claimant entered New Zealand on their own genuine passport, the visitor visa should be endorsed in that passport.
- If the claimant entered New Zealand on a false passport, the visitor visa should be endorsed in an INZ certificate of identity form (see A2.20.5), and INZ should retain the false passport.
- If the claimant entered New Zealand without a travel document, the visitor visa should be endorsed in an INZ certificate of identity form (see A2.20.5) unless these are reasons not to grant a visa.
- If the claim form for refugee or protection status has not been completed at the border, a visitor visa current for one month from the date of arrival may be granted unless there are reasons not to grant a visa and the refugee or protection status claimant should be told that:
- an application for a further temporary visa will only be considered after they have confirmed their claim in the prescribed manner (see C3.25); and
- they should submit any application for a further temporary visa at an INZ office in New Zealand before the existing visa expires.
Note: Guidance concerning the continuing treatment of persons claiming refugee or protection status on arrival at the border, including in a mass arrival context, is contained in Operational Instructions A16.2.
E8.10.15 Refugee or protection status claimants granted temporary entry class visas
See also Immigration Act 2009 ss 61, 150, 187
- Any claimant to whom a temporary entry class visa has been granted, (whether before or after the person became a claimant) and any temporary entry class visa holder who ceases to be a refugee or protection status claimant by virtue of his or her claim or appeal being declined may not, either before or after the expiry of the temporary entry class visa:
- apply for a further visa of any class or type while in New Zealand; or
- while in New Zealand, request a special direction or make a request for the grant of a visa under A23; or
- bring any appeal under section 187 of the Immigration Act 2009 to the Tribunal.
- Despite (a)(i) above, a refugee or protection claimant may apply for a further temporary entry class visa for such period as may be required for the claimant to be lawfully in New Zealand while his or her claim is determined.
- Nothing in E8.10.15 prevents a person from bringing an appeal to the Tribunal, arising from a decision made under part 5 and 6 of the Immigration Act 2009.
- This section ceases to apply to a person if and when:
- the person is recognised as a refugee or a protected person; or
- the person leaves New Zealand; or
- the person is granted a visa (other than a temporary entry class visa granted in (b) above).
E8.10.20 Applications for further temporary visas by refugee or protection status claimants
See also Immigration Act 2009 s 378
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 reg 34
- To be eligible for the grant of a further temporary visa, claimants or refugee or protected persons must:
- be in New Zealand; and
- submit their application before their existing visa expires.
- Claimants or refugee or protected persons must apply for temporary visas in the prescribed manner (see E4.50.1), but when the applications are submitted, appropriately delegated immigration officers may waive, by special direction, any requirements specified for each type of visa.
- Temporary visas valid for 12 months may be granted to successful applicants.
- Immigration officers may grant visas valid for less than 12 months, where they expect the refugee or protection status claim to be determined in significantly less than 12 months.
- Further visas will not normally be granted to those who make subsequent claims, but in each case applications will be considered to see whether the particular circumstances justify granting a visa.
E8.10.25 Situation of claimants in New Zealand unlawfully
See also Immigration Act 2009 s 61
- A refugee or protection status claimant unlawfully in New Zealand may be eligible to be considered for a temporary visa under section 61 of the Immigration Act 2009 (see A23).
Note: such persons who have been granted a temporary entry visa under the Immigration Act 2009 or temporary permit under the Immigration Act 1987 on or after 1 October 1999 are covered by section 150 of the Immigration Act 2009 (see E8.10.15).
- Before seeking approval to grant a visa under section 61, an immigration officer must first:
- establish the reasons why the claimant's original visa (if any) expired; and
- obtain supporting evidence confirming the claimant's circumstances; eg, a medical certificate or financial circumstances.
If the claimant is in New Zealand unlawfully, no deportation action will be taken until the claim for refugee or protection status and any appeal to the Tribunal have been finally determined or the claimant withdraws the claim or appeal.
E8.10.30 Renewal of temporary visas for Immigration and Protection Tribunal appellants
If a claimant has appealed to the Tribunal, based on a decision made under part 5 and part 6 of the Immigration Act 2009, they are eligible to apply for further temporary visas until the final outcome of the appeal.
Immigration officers may grant a temporary visa in such cases to cover the period it is likely to take to determine the appeal.