E3.27 Restricted temporary entry instructions: Varying the condition of a temporary entry class visa for a critical purpose (to 17/06/2020)

Note: The instructions in this section cease to be effective from 18 June 2020

1. A person with a condition on their temporary visa that the holder carries out a critical purpose while in New Zealand may be granted entry permission despite the border restrictions related to COVID-19 (see Y4.50). This supports government objectives, as set out in H5.1.
2. A person may express interest in applying for a variation of conditions for a critical purpose by using the form provided for the purpose on the Immigration New Zealand website.
3. An immigration officer must invite a person to apply for a variation of conditions for a critical purpose before that person can make an application (H5.10).
4. A variation of conditions application is made by submitting the following to an immigration officer within 1 month of the date of the invitation to apply:
   1. the completed online or paper form,
   2. the appropriate fee,
   3. the documentation and evidence requested in the invitation to apply, including evidence of the applicant’s critical purpose in New Zealand.
5. A variation of conditions can be granted where an immigration officer is satisfied:
   1. the applicant has a critical purpose for travelling to and being in New Zealand as set out at E3.27.1 below; and
   2. all the other requirements of the visa the person currently holds continue to be met.

Note: The instructions in this section are restricted temporary entry instructions. In accordance with section 76(2) of the Immigration Act 2009, Immigration officers may not grant a temporary visa as an exception to restricted temporary entry instructions. Restricted temporary entry instructions are defined in section 4 of the Immigration Act 2009:

Restricted temporary entry instructions are temporary entry instructions that require, in relation to the type of visa to which the instructions relate, that any decision made on an application for that type of visa, or on an application for entry permission in relation to that type of visa, must be made in terms of the temporary entry instructions applicable at the time the application for the visa was made, and any discretion exercised must be in terms of those instructions

E3.27.1 Critical purposes for being in New Zealand

The following people are considered to have a critical purpose to be in New Zealand under these instructions:

1. Essential health workers, as confirmed by the Ministry of Health, and their partners and dependent children (see H5.25.1)
2. Essential workers and their partner and any dependent children (see H5.25.5)
3. Citizens of Samoa and Tonga making essential travel to New Zealand where this travel has been officially requested by the Government of Samoa or Tonga, and this request has been formally approved by the New Zealand Ministry of Foreign Affairs and Trade.
4. People coming to New Zealand for humanitarian reasons (see H5.25.10)
5. The partner, dependent child or legal guardian of a New Zealand citizen or permanent resident visa holder who is travelling with that New Zealand citizen or permanent resident.
6. The partner, dependent child or legal guardian of the holder or a New Zealand resident visa that was granted in New Zealand and who is travelling with that New Zealand resident visa holder.
7. The partner, dependent child or legal guardian of the holder of a New Zealand resident visa holder where that resident visa holder is arriving in New Zealand for a second or subsequent time as the holder of that visa, and who is travelling with that New Zealand resident visa holder.
8. People who hold a visitor, work or student visa and:
   1. are ordinarily resident in New Zealand; and
   2. are the partner or dependent child of a work or student visa holder who is in New Zealand.

E3.27.5 Conditions on visas varied for a critical purpose

1. Any visa varied under these instructions will have the condition that the holder carries out the critical purpose while they are in New Zealand.
2. A person whose visa is varied under these instructions and who meets the requirements for either an essential health worker (E3.27.1 (a)) or an essential worker (E3.27.1 (b)) may, at the discretion of an immigration officer, also be granted conditions allowing them to work in any occupation for any employer in any location in New Zealand.
3. Any visa varied under these instructions must also have a condition imposed that the holder complies with any instruction from a Medical Officer of Health which relates to a notifiable or quarantinable disease.
4. Any visa varied under these instructions for a person who meets the requirements for either a partner or dependent child of a New Zealand citizen or residence class visa holder (E3.27.1 (e – g)), may be granted conditions requiring them to travel to New Zealand with their New Zealand partner or parent.

Effective 02/06/2020