RV2.1 Who is not eligible for a permanent resident visa? (11/04/2016)

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 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 hold a resident visa, but are liable for deportation, and have had that liability suspended, may not apply for a permanent resident visa during the period of suspension.

Note: An immigration officer should contact Immigration Resolutions in INZ’s Service, Design and Performance branch prior to declining an application for a permanent resident visa or second or subsequent resident visa based on the above provisions, to seek advice and to update the Resolutions Team on any current or potential deportation case.

Effective 11/04/2016