S5.10 Australians with a critical purpose to travel to New Zealand (to 12/04/2022)

Note: The instructions in this section cease to be effective from 12/04/2022.

S5.10.1 Overview

1. The purpose of these instructions is to enable travel to New Zealand by people who:
   1. are a citizen of Australia or are the holder of a current Australian permanent residence visa (including a resident return visa); and
   2. are currently outside of New Zealand; and
   3. have a critical purpose to travel to New Zealand (see H5.25.15).

Note: These instructions describe how a person may be invited to apply for a resident visa on arrival at an immigration control area. See Y3.30 for a list of persons who may travel to New Zealand without an invitation to apply (such as Australians who are ordinarily resident in New Zealand or travelling from a Quarantine-Free Travel country or territory).

S5.10.5 Expression of interest in applying for a resident visa at an immigration control area or port: principal applicant

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 9

1. A person who purports to meet the criteria described in S5.10.1(a) above may, while outside New Zealand, express interest in applying for a resident visa at an immigration control area or at a port in New Zealand.
2. A person notifying an expression of interest (EOI) in applying for a visa does so by using the approved form provided for this purpose on the Immigration New Zealand website, and pay the prescribed fee (if any), which also covers any partner or dependent children included in the EOI.
3. Despite (b) above, a person whose critical purpose to travel to New Zealand is as an ‘other critical worker’ or ‘marine crew arriving by the maritime border’, must apply in the manner described in S5.10.10.

S5.10.10 Approval in principle

S5.10.10.1 Approval in principle for Australian other critical workers to travel to New Zealand

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 9, 26AA

1. The employer or supporting agency of a person who purports to meet the criteria described in S5.10.1(a) above may request approval in principle for that person to travel to New Zealand by applying on an approved form provided for this purpose on the Immigration New Zealand website.
2. Request for approval in principle may relate to one or more ‘other critical workers’ who will travel to New Zealand for the same purpose and to work for the same employer or supporting agency, and may include the partner and dependent children of those workers.
3. Where a request for approval in principle is made for a person who meets the criteria described in S5.10.15 below:
   1. a notification of Expression of Interest to apply for a visa, 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 resident visa (see S5.10.15).
7. When considering a request for approval in principle under these instructions an immigration officer may seek advice from relevant Government agencies or authorities.

Note: A person who is notifying an expression of interest to apply for a visa under these instructions on the basis of being an ‘other critical worker’, may be required to provide sufficient evidence to demonstrate that they meet the requirements of W2.10.1(b) as applicable, and a copy of the proposed employment agreement or a copy of the signed offer of employment (see W2.10.10).

S5.10.10.5 Approval in principle for marine crew arriving by the maritime border

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. Where a request for travel to New Zealand is made for a marine crew member or members:
   1. a notification of Expression of Interest to apply for a visa under these instructions, must be provided by the owner of a ship, authorised agent (such as a shipping agent), or employer or principal of marine crew of a ship, with the request, on behalf of that marine crew member or members, and with their agreement; and
   2. the owner of a ship, authorised agent (such as a shipping agent), or employer or principal of marine crew of a ship must confirm that the marine crew member or members agree to notification of an Expression of Interest made on their behalf.
4. A request for approval in principle must be accompanied by evidence that the marine crew meet the requirements for a critical purpose as defined in H5.31.
5. 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).
6. Following a request for approval in principle, an immigration officer may, at their discretion, invite a person to apply under S5.10.15 if they are satisfied the person has a critical purpose for travelling to New Zealand as marine crew as defined in H5.31.
7. When considering a request for approval in principle under these instructions, an immigration officer may seek advice from relevant Government agencies or other authorities.
8. Despite (f) above, for marine crew seeking to enter New Zealand as a specialist marine worker (H5.31.25) an immigration officer who is a National Manager in the Border and Visa Operations Branch must agree that H5.31.25 is met before an invitation to apply may be issued.

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

S5.10.15 Invitation to apply for a resident visa on arrival at an immigration control area or port

An immigration officer may invite a person who has notified an EOI under these instructions to apply for a resident visa on arrival at an immigration control area in New Zealand, if they are satisfied that:

1. the person is a citizen of Australia or is the holder of a current Australian permanent residence visa (including a resident return visa); and
2. the information available does not indicate that the person is excluded under sections 15 or 16 of the Immigration Act 2009; and
3. the person is outside New Zealand at the time they express interest in applying for a resident visa on arrival at an immigration control area in New Zealand; and
4. based on the information available, the person appears to have a critical purpose for travelling to New Zealand (see H5.25.15); and
5. where the critical purpose of the principal applicant is that:
   1. they are part of an approved class of individual under H5.30.21(c), the number of individuals allowed in the approved class of individual has not been reached (see column G); or
   2. they are a replacement cargo ship crew servicing the Pacific, the number of approvals allowed under this category has not been reached (see H5.30.31); or
6. where the critical purpose of the principal applicant is that they are purported to be an ‘other critical worker’, if an immigration officer who is a National Manager in the Border and Visa Operations Branch agrees that the person meets the criteria for an ‘other critical worker’; and
   1. the number of workers allowed in the class has not been reached (see H5.30.20, column G); and
7. the person is likely to meet the requirements for the grant of a resident visa on arrival in New Zealand (see R5.30 and R5.30.1).

Note: An immigration officer may request the person who has notified the EOI to provide evidence of their critical purpose to travel to New Zealand.
The number limits in (a)(v) and (vi) above are reached when the relevant number of applicants have been invited to apply for a visa or variation of conditions under the relevant instructions.

S5.10.20 Invitation to apply for a resident visa on arrival at an immigration control area or port: partners and dependent children of the principal applicant

1. An immigration officer may invite a person to apply for a resident visa on arrival at an immigration control area or port in New Zealand if they are satisfied that:
   1. the person meets the requirements of S5.10.15 (except for S5.10.15(iv)-(vi)); and
   2. the principal applicant has been invited to apply under these instructions; and
   3. the person has been:
      • included in the EOI notified by a principal applicant under these instructions; or
      • included in the request for approval and expression of interest made on their behalf by the employer or supporting agency of an ‘other critical worker’; and
   4. the person is the partner or dependent child of the principal applicant (see (c) and (d) below).
2. Where the critical purpose of the principal applicant is as part of an approved class of individual, the immigration officer must be satisfied that the person is eligible to be included in the approved class (see H5.30.21 column C).
3. Where the principal applicant is an ‘other critical worker’, the immigration officer must also be satisfied that:
   1. the person’s presence in New Zealand is necessary for the ‘other critical worker’ to carry out their work; and
   2. the person is eligible to be included in the request for approval for the ‘other critical worker’ (see H5.30.20(c), column C).
4. Where the person is the partner of the principal applicant, the immigration officer must also be satisfied that:
   1. the partner and principal applicant have been living together in a genuine and stable partnership (see F2.10.1), based on evidence that may include, but is not limited to:
      • the description of the partnership provided in the EOI, including details of any previous shared living arrangements
      • any supporting documentation that demonstrates their partnership (including marriage certificate, joint tenancy agreement or joint bank account)
      • recent travel movements of the partner and the principal applicant.
5. Where the person is the child of the principal applicant, the immigration officer must also be satisfied that:
   1. the child is 24 years old or younger; and
   2. the child is a dependent child (see R2.1.30) of the principal applicant; and
   3. the evidence provided (see F5.10), and any other evidence available, confirms the relationship between the child and the principal applicant; and
   4. where the child is under the age of 16 years and the parents of the child are separated or divorced, there is satisfactory evidence of the principal applicant having the right to remove the child from the country in which the rights of custody or visitation have been granted or, if no such rights of visitation have been granted, from the country of residence.

S5.10.25 Currency of the invitation to apply

1. A person invited to apply for a resident visa on arrival at an immigration control area in New Zealand under these instructions must arrive and apply in New Zealand within 9 months of the date of their notification of being invited to apply.
2. Despite (a), where the visa is granted to a person on the basis of having a critical purpose for travelling to New Zealand as a member of an approved class of workers (H5.30.20) or an approved class of individuals (H5.30.21), and a first entry date is specified with respect to that class, then the invitation to apply will only be valid until that first entry date.

Note: An invitation to apply may be revoked once an application on arrival at an immigration control area has been made (see section 94(5)).

Effective 13/08/2021