H5.25 Determining an application for a visa or variation of conditions (14/06/2021)

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.
2. Principal applicants invited to apply on the basis of normally living in New Zealand (see H5.25.15(j)), and whose critical purpose involves meeting the requirements of H5.30.35(d)(i), must provide a statutory declaration completed by their employer that states that the principal applicant is currently employed in the same position the principal applicant held immediately before departing New Zealand, and that the employment relationship has been maintained continuously since the principal applicant departed New Zealand.

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

1. 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.
2. Principal applicants invited to apply on the basis of normally living in New Zealand (see H5.25.15(j)), and whose critical purpose involves meeting the requirements of H5.30.35(d)(i), must provide a statutory declaration completed by their employer that states that the principal applicant is currently employed in the same position the principal applicant held immediately before departing New Zealand, and that the employment relationship has been maintained continuously since the principal applicant departed New Zealand.

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.
2. Principal applicants invited to apply on the basis of normally living in New Zealand (see H5.25.15(j)), and whose critical purpose involves meeting the requirements of H5.30.35(d)(i), must provide a statutory declaration completed by their employer that states that the principal applicant is currently employed in the same position the principal applicant held immediately before departing New Zealand, and that the employment relationship has been maintained continuously since the principal applicant departed New Zealand.

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. a class of workers, that meets the requirements set out at H5.30.20; or
   2. a class of individuals, that meets the requirements set out at H5.30.21.
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.
8. Replacement cargo ship crew travelling to New Zealand by air (H5.30.30).
9. Marine crew arriving by the maritime border (H5.31).
10. Essential Skills, Entrepreneur and Work to Residence visa holders who normally live in New Zealand (H5.30.35).
11. Replacement cargo ship crew travelling to New Zealand by air servicing the Pacific (H5.30.31).
12. 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 who is currently in New Zealand and, on the date they express interest either:
    1. that relationship-based visa is still current; or
    2. 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).
13. The partner or dependent child of a work visa or a Critical Purpose visa holder who is in New Zealand and that visa-holder’s visa either:
    1. indicates they are 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.

Note: The statement "their visa would still be current" at H5.25.15(l)(ii) above, will be calculated based on the latest date their first entry condition would allow them to travel to New Zealand, and the duration of the stay condition their visa indicated they may be granted upon entry to 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.
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.

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 14/06/2021