H5.15 Approval in principle (10/08/2020)

H5.15.1 Approval in principle for other critical workers to travel to New Zealand

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 14A, 26AA

1. The employer or supporting agency of a person whose critical purpose to travel to New Zealand is to work as an ‘other critical worker’ (H5.30.5) may request approval in principle for that person and their partner and dependent children to travel to New Zealand by applying on an approved form provided for this purpose on the Immigration New Zealand website.
2. A request for approval in principle may relate to one or more critical workers who will travel to New Zealand for the same purpose and to work for the same employer or supporting agency, and include the partner and dependent children of those workers.
3. Where a request for travel to New Zealand is made for an ‘other critical worker’ (H5.30.5):
   1. a notification of expression of interest to apply for a visa, or to request a variation of conditions, under these instructions, must be provided by the employer or supporting agency with the request on behalf of that ‘other critical worker’ and with their agreement; and
   2. the employer or supporting agency must confirm that the worker or workers agree to notification of an expression of interest made on their behalf, on the approved form provided for this purpose.
4. A request for approval in principle must be accompanied by evidence that demonstrates the worker meets the requirements in H5.30.5.
5. An employer or supporting agency requesting approval in principle for a person and their family to travel to New Zealand as an ‘other critical worker’ must pay the prescribed fee (if any).
6. Following a request for approval in principle from an employer or supporting agency, if an immigration officer who is a National Manager in the Border and Visa Operations Branch agrees that a person has a critical purpose for travelling to New Zealand as an ‘other critical worker’ (H5.30.5), an immigration officer may invite that person to apply for a Critical Purpose visitor visa, another visa appropriate to the person’s circumstances, or to request a variation of conditions.
7. An immigration officer will invite a person to apply for a Critical Purpose visitor visa, another visa appropriate to their circumstances or request a variation of conditions if they are satisfied that:
   1. the information available does not indicate any health, character or bona fide issues that would prevent that person being granted a visa or variation of conditions; and
   2. they are likely to meet funds or sponsorship and onward travel requirements; and
   3. the principal applicant has a critical purpose for travelling to New Zealand.
8. A person who is invited to apply for a visa or to request a variation of conditions on the basis of having been determined to be an ‘other critical worker’ may be required to provide:
   1. sufficient evidence to demonstrate that they meet the requirements of W2.10 (b) as applicable; and
   2. a copy of the proposed employment agreement or a copy of the signed offer of employment (see W2.10.10).
9. Following a request for approval in principle from an employer, an immigration officer may, at their discretion, invite a person to apply for a Critical Purpose visitor visa, another visa appropriate to their circumstances, or to request a variation of conditions if they are satisfied that:
   1. they are the partner or dependent child of a person invited to apply as an ‘other critical worker’ (as set out in these instructions); and
   2. an immigration officer who is a National Manager in the Border and Visa Operations Branch agrees that their presence in New Zealand is necessary for the critical worker to carry out their work.
10. When considering a request for approval in principle under these instructions an immigration officer may seek advice from relevant Government agencies or other authorities.

Note: For the purposes of these instructions, a ‘supporting agency’ is the organisation seeking to bring a person to New Zealand as an ‘other critical worker’ and who will be directly responsible for that person’s work while they are in New Zealand

H5.15.5 Approval in principle for marine crew arriving by the maritime border to travel to New Zealand

1. The owner of a ship, authorised agent (such as a shipping agent), or employer or principal of marine crew of a ship which has a compelling need to travel to New Zealand may request approval in principle for any marine crew who are required for the running of the ship to travel to New Zealand by emailing maritime.arrivals@mbie.govt.nz.
2. A request for approval in principle may relate to one or more marine crew who will travel to New Zealand for the same purpose.
3. A request for approval in principle must be accompanied by evidence that the marine crew meet the requirements in H5.31.
4. The owner of a ship, authorised agent (such as a shipping agent), or employer or principal of marine crew of a ship requesting approval in principle for marine crew to travel to New Zealand must pay the prescribed fee (if any).
5. Following a request for approval in principle, an immigration officer may, at their discretion, invite a person to apply for a Critical Purpose visitor visa, another visa appropriate to the person’s circumstances, or a variation of conditions if they are satisfied the person has a critical purpose for travelling to New Zealand as marine crew (H5.31); and
6. When considering a request for approval in principle under these instructions an immigration officer may seek advice from relevant Government agencies or other authorities.

Note: An "authorised agent" refers to the person or business nominated by the ship owner or operator as authorised to act as agent for the owner or operator of the ship.

Effective 10/08/2020