H5.25 Determining an application for a visa or variation of conditions

H5.25.1 Determining an application for a Critical Purpose visitor visa

1. A Critical Purpose visitor visa may be granted if an immigration officer is satisfied that all applicants included in the application:
   1. meet health and character requirements for temporary entry (A4 and A5); and
   2. are bona fide (E5) applicants for a temporary entry class visa; and
   3. meet funds or sponsorship requirements for visitors (V2.20); and
   4. meet onward travel requirements for visitors (V2.25); and
   5. have a critical purpose for travel to New Zealand as described in H5.25.15; and
   6. if they are a ‘critical health worker’ (H5.30.1) or an ‘other critical worker’ (H5.30.5), they have provided sufficient evidence to demonstrate that they meet the requirements of W2.10.1(b) as applicable.

H5.25.5 Determining an application for another visa (appropriate to the applicant’s circumstances)

An immigration officer may grant a visa appropriate to the applicant’s circumstances if they are satisfied that the applicant:

1. meets all relevant immigration instructions required for the grant of that visa; and
2. has a critical purpose for travel to New Zealand as described in H5.25.15.

H5.25.10 Determining an application for a variation of conditions (for holders of a valid temporary entry class visa)

1. 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 described at H5.25.15; and
   2. all the other requirements of the visa the person currently holds continue to be met.

H5.25.15 List of critical purpose for travelling to New Zealand

The following people are defined as having a critical purpose for travelling to New Zealand under these instructions.

1. Critical health workers and their partners and dependent children (H5.30.1).
2. Other critical workers, and their partners and dependent children (except where H5.30.20 states that partners and dependent children are not eligible to be included) (H5.30.5).
3. People belonging to a class exception agreed to by Cabinet or the Minister of Immigration, consisting of either:
   1. class of workers, that meets the requirements set out at H5.30.20; or
   2. ia class of individuals, that meets the requirements set out at H5.30.21.
4. Citizens of Samoa and Tonga, and Vanuatu government representatives, making essential travel to New Zealand where this travel has been officially requested by the Government of Samoa, Vanuatu or Tonga, and this request has been formally approved by the New Zealand Ministry of Foreign Affairs and Trade.
5. People who meet compassionate entry requirements, or who hold a valid invitation to apply based on previous humanitarian requirements (H5.30.25).
6. The partner, dependent child or legal guardian of a New Zealand citizen or residence class visa holder (with the exception of the holder of a resident visa granted outside New Zealand who has not entered New Zealand as the holder of the visa), who is either:
   1. travelling with that New Zealand citizen or residence class visa holder; or
   2. ordinarily resident in New Zealand; or
   3. has a visa based on their relationship to the New Zealand citizen or residence class visa holder.
7. 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 (see E4.1) of a work or student visa holder who is in New Zealand.
8. Replacement commercial ship crew travelling to New Zealand by air (H5.30.30).
9. People who held a visitor, work or student visa on 19 March 2020 that was granted on the basis of their relationship to a work or student visa holder and, on the date they express interest:
   1. the work or student visa holder is in New Zealand; and either
   2. that relationship-based visa is still current; or
   3. that relationship-based visa had a "first entry" condition and, had they entered New Zealand on the last date allowed for by the first entry condition, their visa would still be current (H5.30.40).
10. The partner or dependent child of a work visa or a Critical Purpose visa holder who is in New Zealand when the expression of interest is made and that visa-holder’s visa either:
    1. is employed in an occupation in critical health services (H5.30.45); or
    2. was granted on the basis of current employment that meets the specified salary, and is highly-skilled, as defined in H5.30.50; or
    3. is employed as a full-time teacher in either Early Childhood Education or at a primary or secondary school.

H5.25.20 Family relationships

1. A person will be considered to be the partner of a New Zealand citizen, or permanent resident visa holder, or resident visa holder, or Australian citizen or permanent resident who is ordinarily resident in New Zealand, if they meet the requirements for partners specified in E4.1.
2. A person will be considered to be a dependent child of a New Zealand citizen or permanent resident visa holder, or resident visa holder, or Australian citizen or permanent resident who is ordinarily resident in New Zealand, if they meet the requirements for dependent children specified in E4.1.
3. A person will be considered to be a partner of a visitor, work or student visa holder who is in New Zealand, if they meet the requirements for partners specified in E4.1.
4. A person will be considered to be a dependent child of a visitor, work or student visa holder who is in New Zealand, if they meet the requirements for dependent children specified in E4.1.
5. An immigration officer must be satisfied that a person is a partner or dependent child of a New Zealand citizen or visa holder, or Australian citizen or permanent resident who is ordinarily resident in New Zealand, before a visa can be granted to a person for a critical purpose based on that relationship.
6. For the avoidance of doubt and the purposes of (a) (c) and (e) above, a person will only be considered to have met the requirements of partnership if they also have lived together.
7. Any New Zealand citizen or resident visa holder partner who is supporting an application for a relationship based visitor visa made by a person described in H5.25.20(a), must meet the character requirements for partners supporting ‘partnership-based temporary entry applications’ (E7.45).

Note: Where a person is applying as the partner or dependent child of a New Zealand citizen or visa holder, or Australian citizen or permanent resident who is ordinarily resident in New Zealand, evidence of the relationship must be provided if Immigration New Zealand has not established the relationship in a previous visa application.

Effective 31/07/2022