H5.30 Definitions (29/11/2021)

H5.30.1 Critical health workers

1. A critical health worker is a person who will work in an occupation needed to deliver critical health services in New Zealand (see H5.30.1(b)) for an employer listed at H5.30.1(c).
2. Occupations needed to deliver critical health services in New Zealand are:
   1. registered health practitioners as set out in the Health Practitioners Competence Assurance Act 2003; or
   2. a worker who installs, operates or maintains medical equipment; or
   3. paramedics and ambulance workers (including air and road); or
   4. physician associates; or
   5. technical and support staff working in:
      • theatre
      • laboratory
      • radiology
      • pharmacy services
      • cardiology blood service
      • nuclear medicine
      • oncology
      • haematology
      • pathology
      • hyperbaric medicine
      • mortuary
      • research staff; or
   6. workers delivering mental health and addictions services, aged care, respite, home care and support, child health, palliative and hospice care, forensic health, and disability support.
3. Critical health workers may work in one or more of the following:
   1. a District Health Board;
   2. the New Zealand Blood Service;
   3. a hospice or palliative care provider;
   4. a primary care practice such as urgent care or a medical or healthcare centre;
   5. an aged residential care, respite or continuing care facility, including care in a person’s home or community facility;
   6. a government or Non-Government Organisation delivering health and disability services;
   7. organisations that provide, operate and maintain medical equipment;
   8. private employers delivering health and disability services.
4. Workers in an occupation that is indirectly related to the provision of health services, or corporate functions such as (but not limited to) human resources, office administration or property maintenance are not considered critical health workers.
5. For the purposes of these instructions, internationally qualified nurses are also considered to be critical health workers where they:
   1. are invited to come to New Zealand by the Nursing Council of New Zealand, and
   2. are enrolled in a Competence Assessment Programme.
6. Any partners or dependent children (see E4.1) of critical health workers who have been granted a visa or a variation of conditions on the basis of this critical purpose, may be granted a visa to travel to New Zealand together with, or separately from, the critical health worker.
7. When considering whether a person is a critical health worker, an immigration officer may request evidence of the person’s qualifications or registration.
8. An immigration officer may request the critical health worker to provide evidence of an offer of employment (see W2.10.10).

H5.30.5 Other critical workers

1. An ‘other critical worker’ is a person who is required to come to New Zealand for up to six months and:
   1. has unique experience and technical or specialist skills that are not readily obtainable in New Zealand; or
   2. is undertaking a time-critical role:
      • for the delivery of an approved major infrastructure project (as defined in H5.30.10); or a government approved event or a major government-approved programme (as defined in H5.30.15); or
      • in support of an approved government-to-government agreement (as defined in H5.30.15); or
      • for work which brings significant wider benefit to the national or regional economy; or
   3. meets the requirements of an approved class of worker listed at H5.30.20.
2. Where H5.30.5(a) applies, the ‘other critical worker’ may be granted a visa or variation of conditions for up to six months.
3. However, a visa or variation of condition as an ‘other critical worker’ may be granted for more than six months (up to a maximum of 12 months), if the person meets the criteria at H5.30.5(a)(i) or (ii), is required to stay in New Zealand for more than six months to achieve their critical purpose, and also:
   1. earns at least twice the median salary, (currently $106,080 per annum); or
   2. has a role that is essential for the completion or continuation of a science programme under a government funded or partially government-funded contract, including research and development exchanges and partnerships, and has the support of MBIE Science, Innovation and International Branch to travel to New Zealand to carry out their work; or
   3. has an essential role for delivery or execution of an approved major infrastructure project (as defined in H5.30.10); or for a government approved event or a major government-approved programme (as defined in H5.30.15).
4. Despite, (b) and (c) above, a person may be granted a visa or variation of conditions for less or more than six months, if the person is an ‘other critical worker’ approved on the basis of being part of a class of workers, and a maximum duration is specified at H5.30.20.
5. When considering H5.30.5 (a)(i) and (ii), an immigration officer will determine who is an ‘other critical worker’ and whether they are eligible for a visa of up to six months under H5.30.5 (a) (i) or (ii) or a visa of up to 12 months under H5.30.5 (c).
6. Factors an immigration officer may take into account when determining whether a person is an ‘other critical worker’ as defined in H5.30.5 (a)(i) and (ii), include:
   1. why that person is needed to ensure the delivery, continuity or execution of the work or service, and the effect on the work or service if the person was unable to come; and
   2. why it is not possible to re-deploy workers already in New Zealand (this could include time constraints or the specific nature of the work or service to be done); and
   3. the situation of the staff (if any) currently performing the role(s), and whether they can remain or not in the roles; and
   4. the length of the visa required and the reason for that length of visa.
7. Any partners or dependent children (see E4.1) of an ‘other critical worker’ who has been granted a visa or a variation of conditions on the basis of this critical purpose, may be granted a visa to travel to New Zealand together with, or separately from, the ‘other critical worker’ (except where H5.30.20(c) states that partners and dependent children are not eligible to be included).
8. When considering H5.30.5 (a)(i), the factors that an immigration officer may take into consideration when assessing:
   1. "unique experience and technical or specialist skills" include, but are not limited to, whether these skills or experience:
      • have been gained in a specialist training institution or by working in a highly-specialist firm
      • can be demonstrated through global experience
      • are inherent to a person
   2. "not readily obtainable" include, but are not limited to, whether:
      • there are no workers in the country who could perform the role, or
      • there is a very limited pool of available workers who could perform the role and they are not available to the employer.
9. When considering H5.30.5 (a)(i), applications for seasonal workers will generally not be approved under these instructions. The only exceptions will be if the nature of the work is highly skilled or uniquely specialised.
10. "Time critical" in H5.30.5 (a)(ii) includes if the person does not come to New Zealand, the project, work or event will cease or be severely compromised, or significant costs will be incurred.
11. A person enrolled in, or with an offer to study, a Doctoral Degree at a New Zealand university, may be determined to be an ‘other critical worker’, if the person:
    1. has a role that is essential for the completion or continuation of a science programme under a government funded or partially government-funded contract, including research and development exchanges and partnerships, and has the support of MBIE Science, Innovation and International Branch to travel to New Zealand to carry out their work, and
    2. has unique experience and technical or specialist skills that are not readily obtainable in New Zealand or
    3. is undertaking a time-critical role:
       • for the delivery of an approved major infrastructure project (as defined in H5.30.10); or a government approved event or a major government-approved programme (as defined in H5.30.15); or
       • in support of an approved government-to-government agreement (as defined in H5.30.15); or
       • for work which brings significant wider benefit to the national or regional economy.
12. A student who is assessed as meeting the criteria in (k) can be invited to apply for a:
    1. student visa, and if their visa application is approved, may be granted a student visa for more than six months (up to a maximum of 12 months); ovariation of conditions, if they already hold a student visa for their study for a Doctoral Degree.

Notes:
- Examples of workers meeting this standard may include: some highly specialist veterinarians, vendor-appointed engineers required to install major equipment, or an actor in a key film role.
- For the absence of doubt, co-owners of America’s Cup syndicates may be considered other critical workers under H5.30.5(a)(ii).
- For the avoidance of doubt, a person outside of New Zealand who is required for more than six months must meet the relevant criteria at H5.30.5(c) if they are an ‘other critical worker’ as defined at H5.30.5(a)(i) or (ii).

H5.30.5.1 Other critical worker requests received prior to 18 June 2020

1. The Minister for Economic Development and the relevant portfolio Minister were responsible for determining whether a person was an ‘other critical worker’ before these instructions took effect on 18 June 2020.
2. Despite H5.30.5, the determination that a person is an ‘other critical worker’ for requests from employers received before 18 June 2020, that were made by the Minister for Economic Development and the relevant portfolio Minister, on the advice of MBIE, mean that a person is an ‘other critical worker’ for visa applications and invitations to apply made on and after 18 June 2020.

H5.30.10 Approved major infrastructure projects

For the purposes of these instructions, approved major infrastructure projects are those projects with a cost of $100 million or more, as listed on the infrastructure pipeline on a website maintained by the Infrastructure Commission (except those listed as "project complete").

Notes: The infrastructure pipeline can be viewed at www.infracom.govt.nz/projects/pipeline/

H5.30.15 Major government-approved programmes, government-approved events and government-to-government agreements

For the purposes of these instructions, major government-approved programmes, government-approved events, and government-to-government agreements are:

H5.30.20 Approved classes of workers

1. For the purpose of these instructions, the authorised government organisation, industry group, or relevant departmental agency, as specified in column F below, will liaise with relevant industries and employers and provide a list of nominated workers to Immigration New Zealand.
2. An immigration officer will determine whether a person is part of an approved class of workers based on whether they are on a list of nominated workers provided by the authorised government organisation, industry group or relevant departmental agency, as specified in column F below.
3. The classes of workers that have been approved by Cabinet are:

H5.30.21 Approved classes of individuals

1. For the purpose of these instructions, the authorised government organisation or relevant departmental agency, as specified in column F below, will liaise with relevant parties and provide a list of nominated individuals to Immigration New Zealand.
2. An immigration officer will determine whether a person is part of an approved class of individuals based on whether they are on a list of nominated individuals provided by the authorised government organisation or relevant departmental agency, as specified in column F below.
3. The classes of individuals that have been approved by Cabinet are:

Notes:
- For the purposes of H5.30.21(c)(ii), essential activities can include, but are not limited to: activities related to key sectors vital for Pacific economies; critical relief and development activities; technical specialists to support good governance; and staff for diplomatic missions.
- For the purposes of Column B of H5.30.21(c)(iii), a nominated individual will be subject to pay the costs of their stay in Managed Isolation and Quarantine, if subject to clause 6 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020.
- For the purposes of Column C of H5.30.21(c)(i) and (iii), an eligible partner or dependent child needs to be included on the nominated student’s request for travel made under H5.5(b)(i) and if that request is approved, will be invited to apply for a temporary visa on the basis of their relationship to the nominated student under H5.5(b)(ii).
- For the purposes of Column C of H5.30.21(c)(iv), and for the avoidance of doubt, nominated partners and dependent children are not required to hold Australian citizenship or an Australian permanent resident visa. If the partners or dependent children are not Australian citizens or permanent resident visa holders, then they may be invited to apply for a critical purpose visitor visa under this border exception.

H5.30.25 Compassionate entry exception

1. A person meets the compassionate entry requirements if there are exceptional circumstances of a familial (see H5.30.25.1) or medical (see H5.30.25.5) nature which make it critical for that person to urgently travel to and enter New Zealand specifically, over and above any other country.
2. When considering whether a person meets the threshold to be granted compassionate entry to New Zealand, immigration officers must consider the purpose of these instructions and the strong public interest in protecting the health of New Zealanders and supporting Government agencies’ response to the risks posed by the COVID-19 situation.
3. When determining whether an applicant meets the compassionate entry requirements, factors that are not considered relevant include whether:
   1. the applicant has been affected by a humanitarian crisis occurring outside of New Zealand
   2. an application, sponsorship registration, or Expression of Interest for a New Zealand visa has been made.

H5.30.25.1 Compassionate entry exception for familial reasons

1. Familial reasons are extraordinary family circumstances resulting in the need for a person to travel to New Zealand to lend support in order to prevent significant harm.
2. Relevant factors when considering if there are familial reasons that support entry on compassionate grounds under these instructions include:
   1. the applicant’s familial or otherwise demonstrably close personal connection to someone in New Zealand
   2. whether the situation involves extraordinary family trauma, or provision of support for a minor
   3. whether the applicant’s close personal connection in New Zealand has any alternative supporting options
   4. whether New Zealand is their primary place of residence, and their period of absence from New Zealand.

Note:
- For the avoidance of doubt, separation from close family members as a result of COVID-19 does not in and of itself meet the compassionate entry threshold. The government has created alternate border exceptions to enable entry to these groups, such as the family relationships category (see H5.25.15(m)).
- An example of a situation that would meet the compassionate entry threshold is allowing the closest relative of an orphaned child to travel to New Zealand to support the child temporarily, due to a lack of New Zealand-based alternatives.

H5.30.25.5 Compassionate entry exception for medical treatment

1. Where a person is applying on compassionate entry grounds because they require medical treatment in New Zealand, that person must have the support of the Ministry of Health or a District Health Board.
2. Where the applicant can reasonably delay, or otherwise obtain treatment outside of New Zealand, an exception will not be granted.

H5.30.30 Replacement cargo ship crew

1. A replacement cargo ship crew member is a person travelling to New Zealand as a passenger on a commercial aircraft for the purpose of leaving New Zealand as crew on a cargo ship.
2. After arriving in New Zealand, replacement cargo ship crew must transfer as soon as reasonably practicable to a cargo ship to depart New Zealand.
3. ‘Cargo ship’ means a ship that is a commercial craft and that is carrying primarily cargo into or out of New Zealand.

Note: For the avoidance of doubt, crew subject to regulation 25 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 are not subject to this instruction (namely cargo crew on a ship when arriving by sea in New Zealand).

H5.30.31 Replacement cargo ship crew servicing the Pacific

1. Replacement cargo ship crew travelling to New Zealand as passengers on a commercial aircraft intending to join a cargo ship which is servicing the Pacific (as defined in (c) below), may enter New Zealand to complete 14 days in Managed Isolation and Quarantine (MIQ) before transferring to the ship to depart New Zealand.
2. Approvals under this category are limited to 550 replacement cargo ship crew over 12 months from 1 February 2021.
3. For the purposes of these instructions:
   1. ‘Pacific’ includes the following countries and territories: American Samoa, Cook Islands, French Polynesia; Fiji, Kiribati, Marshall Islands, Micronesia (Federated States of), Nauru, New Caledonia, Niue, Pitcairn Islands, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, Wallis and Futuna and Vanuatu.
   2. ‘Cargo ship’ means a ship that is a commercial craft and that is carrying primarily cargo into or out of New Zealand and which is servicing the Pacific.
   3. Cargo ships determined to be servicing the Pacific will be held on a list managed by MIQ Maritime Operations.

Note: Replacement cargo ship crew are not compelled to come to New Zealand under this category and complete the required 14 days in MIQ. They may instead enter New Zealand under H5.30.30 if the vessel does not require the crew to enter MIQ for 14 days because the vessel is not servicing the Pacific.

H5.30.35 Essential Skills, Entrepreneur and Work to Residence visa holders who normally live in New Zealand

A principal applicant will be considered to have a critical purpose for travel to New Zealand (H5.25.15(j)) if they meet the following requirements:

1. The principal applicant departed New Zealand between 1 December 2019 and 9 October 2020 (inclusive) and is currently outside of New Zealand.
2. At the time of departing New Zealand, the principal applicant held either a current:
   1. Work to Residence visa; or
   2. Entrepreneur work visa; or
   3. Essential Skills visa based on mid-skilled or higher-skilled employment, or based on employment assessed as being paid at or above the median wage.
3. The visa held by the principal applicant at the time of departure from New Zealand has or had an expiry date of:
   1. on or after 1 January 2021; or
   2. before 1 January 2021 and the principal applicant has:
      • submitted a further visa application on or before 9 August 2020; and
      • the further visa would, or if already granted does, allow the principal applicant to stay in New Zealand for at least 12 months; and
      • that visa would allow the principal applicant to work in the same position or operate the same business as referred to in H5.30.35(d); and
      • if the further visa is a temporary visa, that visa is approved.
4. The principal applicant has retained their job or business in New Zealand in that they:
   1. were employed at the time of departing New Zealand in accordance with the conditions of their existing visa, are employed in the same position and have maintained their employment relationship continuously since departing New Zealand; or
   2. if the principal applicant held an Entrepreneur work visa at the time of departing New Zealand, they operated a business in New Zealand at the time of departing New Zealand in accordance with the conditions of their existing visa, and have continued to operate that same business since departing New Zealand.
5. The principal applicant was in New Zealand for either:
   1. at least 273 days in each of the two 12 month periods immediately preceding the date of their departure from New Zealand; or
   2. at least 273 days in the 12 month period immediately preceding the date of their departure from New Zealand and meet one of the following:
      • if the principal applicant held an Entrepreneur work visa at the time of departing New Zealand, they operated a business at the time of departing New Zealand in accordance with the conditions of their visa, and have continued to operate the same business since departing New Zealand; or
      • had one or more dependent children with them in New Zealand for at least 6 months of that 12 month period; or
      • have parents or siblings who are 18 years or older, who are currently in, and who are ordinarily resident (E4.10) in, New Zealand; or
      • submitted an application for a resident visa on or before 9 August 2020.

Notes:
- Work to Residence visas include Talent (Accredited Employer), Talent (Arts, Culture and Sports), Long Term Skill Shortage List, Skilled Migrant Category Job Search, South Island Contribution and Global Impact visas.
- Partners and dependent children of the principal applicant may be eligible to be included (see H5.10). Invitations to apply will be given where any partner or dependent children (see E4.1) of the principal applicant included on the Expression of Interest:
- have been born on or after 1 December 2019; or
- currently hold, or held at the time of departing New Zealand, a visitor, work or student visa based on their relationship to the principal applicant.

H5.30.40 Partner or dependent child with a visa based on their relationship to a temporary visa holder in New Zealand

1. A person will be considered to have a critical purpose for travel to New Zealand (H5.25.15(l)) if they meet the following requirements:
   1. the person is currently outside of New Zealand; and
   2. on 19 March 2020 the person held a temporary visa granted on the basis on their relationship with a work or student visa holder; and
   3. at the time the person expresses interest in travelling to New Zealand under these instructions (see H5.10), the visa that they held on 19 March 2020 either:
      • is still current; or
      • had a "first entry" condition and, had the holder entered New Zealand on the last date allowed for by the first entry condition, would be current; and
   4. the visa the person holds or held is based on their relationship to their partner or parent who:
      • is currently in New Zealand; and
      • holds a work or student visa that is valid for at least a further 12 months, on the date that the person expresses interest in travelling to New Zealand under H5.25.15(l).
2. A person who is considered to have a critical purpose for travel to New Zealand under (a) may be invited to apply under these instructions (see H5.10) for either:
   1. a visa appropriate to their circumstances, which will be a visa based on their relationship to their partner or parent who is the work or student visa holder referred to in (a)(iii); or
   2. a variation of conditions for the visa they hold.
3. If the person otherwise meets the criteria in (a) but does not hold a visa because they are a dependent child who meets the criteria in H5.10(c)(v), then they must be considered as meeting the requirements in (a)(ii) and (iii).

H5.30.45 Partner or dependent child of a worker in critical health services

1. A person will be considered to have a critical purpose for travel to New Zealand (H5.25.15(m)(i)) if they meet the following requirements:
   1. the person is currently outside of New Zealand; and
   2. the person is the partner or dependent child of a temporary visa holder currently in New Zealand who holds a temporary visa that specifies work in an occupation needed to deliver critical health services in New Zealand (as defined in H5.30.1(b)).
2. A person who is considered to have a critical purpose for travel to New Zealand under (a) may be invited to apply under these instructions (see H5.10) for either:
   1. a visa appropriate to their circumstances, which will be a visa based on their relationship to their partner or parent who is the health worker referred to in (a)(ii); or
   2. a variation of conditions for the visa they hold.

H5.30.50 Partner or dependent child of a highly-skilled worker in New Zealand

1. A person will be considered to have a critical purpose for travel to New Zealand (H5.25.15(m)(ii)) if they meet the requirements in (b) and (c) below.
2. The person is currently outside of New Zealand.
3. The person is the partner or dependent child of a temporary visa holder who:
   1. is currently living in New Zealand; and
   2. is in current employment that meets H5.30.50.1 below; and
   3. holds a visa valid for at least a further 12 months on the date that the person makes a request to travel to New Zealand under H5.25.15(m)(ii).
4. A person who is considered to have a critical purpose for travel to New Zealand under (a) above may be invited to apply under these instructions (see H5.10) for either a:
   1. a visa appropriate to their circumstances, which will be a visa based on their relationship to their partner or parent who is the highly-skilled worker referred to in (c); or
   2. a variation of conditions for the visa they hold.

H5.30.50.1 Requirements for the temporary visa holder’s employment

1. The current employment of the temporary visa holder described in H5.30.50(c) must be paid at least twice the median salary (NZD $106,080 per year).
2. Their current employment must also meet one (or more) of:
   1. they have unique experience and technical or specialist skills not readily obtainable in New Zealand; or
   2. they have a role essential for the completion or continuation of a science programme under a government funded or partially government funded contract, including research and development exchanges and partnerships, and have the support of the Science, Innovation and International Branch at MBIE; or
   3. their role is essential for the delivery or execution of one of the following:
      • an approved major infrastructure project, or a government approved event or a major government approved programme, or
      • an approved government-to-government agreement, or
      • work with significant wider benefit to the national or regional economy.

Notes:
- For the absence of doubt, ‘current employment’ in H5.30.50.1 above does not include an offer of employment.
- When considering H5.30.50.1(b), an immigration officer may determine if the current employment of the temporary visa holder meets the requirements of H5.30.50.1(b) for the person in H5.30.50 to be eligible to be invited to apply for a visa.

H5.30.50.5 Calculating remuneration

1. Remuneration will be calculated according to the salary stated in the current employment agreement of the temporary visa holder referred to in H5.30.50.1(a).
2. Where an employee is to work more than 40 hours per week, the minimum base salary must be calculated on the basis of a 40 hour week.
3. Remuneration includes:
   1. the agreed value of any reasonable deduction from the applicant’s salary or wages for goods or services; and
   2. in the case of accommodation provided in connection to the employment:
      • the agreed value of any reasonable deduction from the applicant’s salary or wages for that accommodation; or
      • if accommodation is provided by the employer, and there is no deduction from the applicant’s salary or wages for that accommodation, the market rental value of the accommodation provided; or
      • if an accommodation allowance is provided, the amount of that allowance.

Notes:
- In relation to H5.30.50.5(c)(ii) above, the meaning of accommodation, and the value of accommodation that is included in the definition of ‘remuneration’, reflects the definition of accommodation and the value of accommodation that forms part of a person’s income under section CE 1 of the Income Tax Act 2007.
- For the purposes of H5.30.50.5, remuneration excludes other employment-related allowances (for example tool, or uniform allowances), and bonuses which are dependent on performance.

H5.30.55 Partner or dependent child of a teacher in New Zealand

1. A person will be considered to have a critical purpose for travel to New Zealand if they meet the following requirements:
   1. the person is currently outside of New Zealand; and
   2. the person is the partner or dependent child of a temporary visa holder currently in New Zealand who is registered with the Teaching Council of Aotearoa New Zealand and is employed as a teacher in Early Childhood Education, or primary, or secondary schooling.
2. A person who is considered to have a critical purpose for travel to New Zealand under (a) above may be invited to apply under these instructions (see H5.10) for either:
   1. a visa appropriate to their circumstances, which will be a visa based on their relationship to their partner or parent who is the teacher referred to in H5.25.15(m)(iii); or
   2. a variation of conditions for the visa they hold.

Effective 29/11/2021