H5.25 Determining an application for a visa or variation of conditions (18/06/2020)

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

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.

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)

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 Critical purpose for travelling to New Zealand

The following people are considered to have 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 (H5.30.5).
3. People belonging to a class of workers agreed to by Cabinet and who meets the requirements set out at H5.30.20.
4. 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.
5. People who have humanitarian reasons for travel to New Zealand (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.

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.

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 18/06/2020