RV2.1 Who is not eligible for a permanent resident visa? (24/03/2014)

See also Immigration Act 2009 ss 15, 16, 17, 169, 174

1. People who are not eligible for a visa because they are subject to sections 15 and 16 of the Immigration Act 2009 (see A5.20) are not eligible for a permanent resident visa unless a special direction has been given, but may apply for a variation of their travel conditions under the provisions of RV3 Variation of travel conditions on resident visas.
2. People who would otherwise be prohibited for entry or for grant of a visa to New Zealand because they are subject to restrictions or a ban (see RA9 and R5.100) if it were not for their New Zealand resident status are not eligible for a permanent resident visa and may only be granted a 14-day variation to their travel conditions under RV3.10.
3. People who hold a resident visa but are liable for deportation (whether or not that liability has been suspended) may not apply for a permanent resident visa, though they may be granted one at the absolute discretion of the Minister or an immigration officer (see D2.30.5).
4. People who no longer hold a resident visa, but who are eligible for consideration for a permanent resident visa under RV2.5.(a)(ii), would not normally be eligible for a permanent resident visa if any of the criteria in RV1.25 apply.

Note: An immigration officer should contact the Resolutions Team in INZ’s Government Relations Unit if they need guidance on whether an applicant for a permanent resident visa is liable for deportation.

Effective 24/03/2014