R5.65 Approved applications for residence class visas (22/06/2020)

1. Unless otherwise stated, an approved application for a residence class visa will result in the grant of a resident visa.
2. The travel conditions to be granted on a resident visa are set out at R5.66.
3. A permanent resident visa may be granted as a result of an approved application for a:
   1. permanent resident visa, by a resident visa holder who meets the requirements set out in RV2;
   2. residence class visa under Partnership Category, by a person who meets the requirements set out F2.5.1;
   3. residence class visa under the Talent (Accredited Employer) Category, by a person who meets the requirements set out at RW2.1;
   4. residence class visa by a quota refugee, asylum seeker or protected person (S3.10), or community organisation sponsored refugee (see S4.25);
   5. a permanent resident visa under the Christchurch Response (2019) Category, by a person who meets the requirements set out at S4.30.

R5.65.1 Resident visas subject to conditions

See also Immigration Act 2009 ss 49, 50, 55

1. When a principal applicant is granted a resident visa subject to conditions, the resident visas of any accompanying partner and dependent child will be subject to the condition that "the principal applicant comply with the conditions of the principal applicant's visa".
2. For applications based on partnership, or dependent child relationships, any applicant who is supported by a person whose resident visa is subject to conditions at the time the sponsorship was undertaken or support was given, will be granted a resident visa subject to the condition that "[name of supporter] comply with the requirements of [his or her] visa".
3. Every resident visa, except for a second or subsequent resident visa granted under RV4, is subject to the condition that the holder comply with:
   1. any order made under section 11 of the COVID-19 Public Health Response Act 2020; and
   2. any order made under section 70 of the Health Act 1956 and listed in schedule 2 of the COVID-19 Public Health Response Act 2020; and
   3. any instruction from a Medical Officer of Health which relates to a notifiable or quarantinable disease.
4. The visa condition in (c) above applies for a period of three months from:
   1. the date that the visa was granted, where the visa was granted in New Zealand; or
   2. the date that the holder was first granted entry permission on the basis of the visa, where the visa was granted outside New Zealand.

Note: A notifiable or quarantinable disease is any disease referred to in Part 1 and Part 3, respectively, of Schedule 1 of the Health Act 1956.

Effective 22/06/2020