S6.10 2021 Resident Visa Requirements (21/02/2022)

1. An application under the 2021 Resident Visa Category will be approved if an immigration officer is satisfied that:
   1. the principal applicant and family members included in the application meet requirements for health (A4) and character (A5); and
   2. the principal applicant did not make an application in phase 1 when they are a phase 2 applicant (S6.5.5(d)), unless S6.5.15 applies; and
   3. following any approval in principle, that the total fee owing as notified by INZ has been paid (see S6.20); and
   4. the principal applicant was in New Zealand at the time that the application was made and they meet the requirements outlined in:
      • Holders of an Eligible Visa (S6.10.1) including requirements to be Settled, Skilled or Scarce (S6.15) at time of application and on 29 September 2021; or
      • People granted a Critical Purpose Visa (S6.10.5); or
   5. the principal applicant meets the requirements outlined in Dependent Children Aged 25 Years or Older (S6.10.10).
2. An application made by a principal applicant who is not in New Zealand at the time the application was made will be declined, unless the principal applicant meets the requirements outlined in Dependent Children Aged 25 Years or Older (S6.10.10).
3. Any applicant who on or after 29 September 2021 held a visa or variation of conditions granted under H5 COVID-19 Support Restricted Temporary Entry Instructions for the purpose of completing a Competence Assessment Programme (CAP) and obtaining occupational registration as a nurse in New Zealand must demonstrate that they have successfully passed their CAP and secured occupational registration to be eligible for a 2021 Resident Visa.

S6.10.1 Holders of an Eligible Visa

1. An applicant meets requirements for Holders of an Eligible Visa if, when the application is made, they meet Settled, Skilled or Scarce criteria and they hold:
   1. a visa granted under the following immigration instructions:
      • WK Essential Skills work instructions
      • WR Work to Residence instructions
      • WD Post-study work instructions
      • WI20 Migrant Exploitation Protection work visa
      • WR5 Skilled Migrant Category Job Search instructions
      • WM Religious Worker instructions
      • WI16 Special work visa for victims of people trafficking
      • WI7 Special work visas for victims of family violence
      • WL3 Silver Fern Practical Experience
   2. a work visa granted under section 61 of the Immigration Act, provided that they held a visa listed in (i) above immediately prior to, and in the 6 months before being granted, the work visa under section 61.
   3. a Critical Purpose Visitor Visa granted under H5.25.15(j) on the basis of holding an Essential Skills or Work to Residence visa.
2. An applicant must also, on 29 September 2021, have met Settled, Skilled or Scarce criteria and:
   1. held an eligible visa in (a) above; or
   2. had made an application or request for reconsideration for an eligible visa in (a)(i) that was subsequently granted.
3. An applicant must have been in New Zealand on 29 September 2021.
4. Despite (c) above, an applicant who was in Australia on 29 September 2021 and departed New Zealand for Australia between 6 April 2021 and 23 July 2021 (inclusive) is eligible to be considered for a 2021 Resident Visa.

Note: An applicant who held an Interim visa on 29 September 2021 is included in (b)(ii) if their application in progress as at 29 September 2021 is for a visa listed at S6.10.1(a)(i) and that visa is subsequently granted.

S6.10.5 People granted a Critical Purpose Visa

1. An applicant meets requirements for People granted a Critical Purpose Visa (CPV) if:
   1. when they make their application, they hold a visa or variation of conditions granted under H5 COVID-19 Support Restricted Temporary Entry Instructions on the basis of being:
      • a critical health worker that meets the definition of H5.30.1, with a role for 6 months or longer; or
      • an other critical worker that meets the definition of H5.30.5(c) or H5.30.20, with a role for more than 6 months and who met the criteria to be granted a visa for more than 6 months; and
   2. they were not granted a visa or variation of conditions on the basis of being one of the following approved class of workers:
      • Deepwater/Deep-sea fishing crew
      • Agricultural and horticultural mobile plant operators
      • Shearers
      • Recognised Seasonal Employer
2. An immigration officer may be satisfied a person meets the criteria in (a)(i) above if:
   1. the applicant was granted a CPV as a critical health worker for six months or longer; or
   2. the applicant was granted a CPV as an other critical worker for more than six months; or
   3. INZ’s records indicate that the person met those requirements but were granted a CPV of a shorter duration (for example, due to an expiring passport).
3. A previous holder of a CPV is eligible to be granted a 2021 Resident Visa if:
   1. the visa or variation of conditions they were previously granted meets (a) above; and
   2. they held this visa or the visa with varied conditions on or after 29 September 2021, or it was granted after that date; and
   3. they hold an eligible visa on the date the application is made.

Note: A previous holder of CPV who was granted an eligible visa (S6.10.1(a)) on or before 29 September 2021 must be assessed under S6.10.1 Holders of an Eligible Visa.

S6.10.10 Dependent Children Aged 25 Years or Older

1. Dependent children who are 25 years or older are eligible for a 2021 Resident Visa if:
   1. on 29 September 2021, they were included in an Expression of Interest (EOI) for a residence application in the Skilled Migrant Category (SMC); or
   2. on 29 September 2021, they were included in an application for residence under:
      • SMC; or
      • Residence instructions for holders of work visas granted under the Talent (Accredited Employers) work instructions (RW2); or
      • Residence instructions for holders of work visas granted under the Talent (Arts, Culture and Sports) work instructions (RW3); or
      • Residence instructions for holders of work visas granted under the long term skill shortage list work instructions (RW4); or
      • Residence instructions for holders of work visas granted under religious worker instructions (RW7); or
      • Residence instructions for holders of work visas granted under South Island Contribution work instructions (RW8); and
   3. they met the definition of a dependent child (R2.1.30) at the time their most recent EOI was submitted or residence application was made; and
   4. they meet the definition of a dependent child at R2.1.30(a), apart from the age requirement; and
   5. one of their parents has been approved residence under the 2021 Resident Visa Category; and
   6. they are the biological or adopted (see R3) child of the parent who has been granted the 2021 Resident Visa.

Effective 21/02/2022