I3.15 Currency and conditions of an SMC interim visa

I3.15.1 Currency of SMC interim visas

1. The SMC interim visa will start on the day after the current temporary visa expires, unless (c) or (d) below applies.
2. Once an SMC interim visa starts, its duration depends on the outcome of the SMC resident visa application, as set out in the table below:

   	Column A: If the application for SMC resident visa is…	Column B: The SMC interim visa will…
   i	approved within 24 calendar months of the SMC interim visa’s start date	be cancelled on the start date of the SMC resident visa.
   ii	declined within 24 calendar months of the SMC interim visa’s start date	expire 2 calendar months after the date the SMC resident visa application is declined.
   iii	withdrawn within 24 calendar months of the SMC interim visa’s start date	expire 2 calendar months after the date the SMC resident visa application is withdrawn.
   iv	still under consideration 24 calendar months after the SMC interim visa’s start date	expire 24 calendar months from the SMC interim visa’s start date.

3. If the SMC resident visa application is declined or withdrawn before the applicant’s current temporary visa expires, the interim visa will expire the day the SMC resident visa application is declined or withdrawn.
4. If the SMC resident visa application is approved before the applicant’s current temporary visa expires, the interim visa will be cancelled on the start date of the SMC resident visa.

I3.15.5 Conditions of SMC interim visas

1. The conditions on each SMC interim visa will depend on the type of temporary visa held by the applicant, as shown in the table below:

   Visa held	Conditions granted
   Work (open)	Open work conditions
   Work (partnership)	Open work conditions
   Work (employer specific)	Same work conditions as currently held
   Student (open)	Student (open) and the same work conditions as currently held if the applicant is aged 17 years of younger
   	Student (open) and work conditions for up to 20 hours in any given week and full-time during specified vacation periods (see U13.15) if the applicant is 18 or older
   Visitor	Same visitor conditions as currently held if the applicant is aged 19 or older
   	Student (open) if the applicant is aged 18 years of younger

2. Visas held which are work (partnership) are defined as per the note at I1.20
3. Open student conditions are conditions that allow study in any programme of study, at any educational institute, in any location in New Zealand.

Note: For the avoidance of doubt, those holding an SMC interim visa with open study conditions are not required to meet the conditions set out in E3.20, including progress and attendance requirements.

I3.15.10 Restrictions of SMC interim visas

Immigration Act 2009 s 71; 79; 80

The holder of an SMC interim visa may not apply for any visa while the interim visa is current.

Note: If an SMC interim visa holder’s SMC resident visa application is declined or withdrawn then they will not be able to apply for any other visa.

Effective 9/10/2023