S1.15 Nationals of the People's Republic of China (PRC)

1. PRC nationals who were in New Zealand on 24 June 1994 and arrived in New Zealand on or before 31 March 1992, may be granted residence in New Zealand, if they:
   1. hold a current temporary permit at the time of applying, and
   2. pay the residence application fee, and
   3. are not people to whom section 7(1)(a), (b) and (d)(i) of the Immigration Act 1987 apply, and
   4. if applicable, provide police clearances from third countries in which they have spent 12 months or more in the past 10 years, and
   5. if possible, provide the relevant Chinese police clearance.

      Note: Applicants do not have to submit the last 2 documents at the same time as they lodge the application: see Immigration Regulations 1999 reg 3(7).

2. PRC nationals who arrived on or before 31 March 1992 and have departed from New Zealand since 24 June 1994, are not eligible unless they:
   1. held a current temporary visa to return to New Zealand issued before 24 June 1994, and
   2. returned to New Zealand in reliance on that visa.

      Note: The effect of this policy is that only residence permits will be granted, and no residence visas will be issued.

S1.15.1 Lodgement requirements

Note: Lodgement requirements under this provision differ slightly from those specified in Generic Residence at R2.40.

1. Principal applicants must provide:
   1. the completed form Application for Residence in New Zealand (with the residence application fee) for themselves and any spouse and dependent children who are in New Zealand or overseas, and
   2. completed medical and X-ray certificates for themselves and any spouse and dependent children who are in New Zealand and included in the application, and
   3. police clearances, and
   4. birth certificates for all people included in the application.
2. If an applicant has previously lodged an application for residence and supplied police clearances, new clearances will only be required if the applicant has spent a further 12 months in the country which issued clearance.
3. Applicants should make every attempt to obtain a police clearance from their home country, but the application may be assessed on the basis of any information held on file if:
   1. it is not possible to obtain a police clearance, or
   2. the immigration officer is satisfied that attempts have been made, or
   3. an attempt is not appropriate because it might put the applicant at risk.
4. The NZIS will obtain New Zealand Police clearances for the period of time spent in New Zealand.

S1.15.5 Principal applicants in 'split family' situations

1. Principal applicants already in New Zealand, whose family members are living in another country, and who wish to have their spouse or partner and dependants considered for residence at a later date under standard Family category policy (see F2 to F6), must supply details of the spouse or partner and dependants in their application form.
2. Other family members living outside New Zealand may apply in their own right once the principal applicant has been granted residence.
3. Those outside New Zealand included in 'split family' applications may submit medical and X-ray certificates through offices of the NZIS outside New Zealand.

S1.15.10 Applicants subject to removal orders

1. Applicants who have been served with a removal warrant or order are assessed to determine:
   1. how to resolve their unlawful status, and
   2. how to place them on current permits so that they are able to lodge a residence application.

      Note: Removal warrants were called 'removal orders' on the commencement of the Immigration Amendment Act 1991.

2. Once an applicant's removal order is cancelled under section 52A of the Immigration Act 1987, the applicant will be treated as one who holds an expired temporary permit.

S1.15.15 Applicants with applications under consideration or appeal

1. Applicants who have a current application for residence under consideration or under appeal to the Minister of Immigration or any appeal authority, will not be required to make a new application.
2. Such applicants may themselves decide whether or not to pursue any appeal.
3. Successful applicants who have appeals before the Removal Review Authority (RRA) or the Residence Appeal Authority (RAA) need to address any request for a fee refund to the applicable Secretariat.
4. Successful applicants who have appeals to the Refugee Status Appeal Authority (RSAA) may write to that authority and withdraw their appeal.

S1.15.20 Grant of temporary permits

1. Applicants who hold current temporary permits and require a further temporary permit may be granted one (fee waived) for 6 months.
2. Applicants who hold temporary permits that have expired may be granted a new one (fee waived) for a period of 6 months, under section 35A of the Immigration Act 1987.
3. Open work permits (without a labour market test: see W2.15.10) and visitors' permits may be granted, depending on the circumstances of the applicant.
4. The policy and mandatory requirements for granting a student permit will apply to applicants who apply for a student permit under section 35A.

S1.15.25 Declined applications

If an application for residence under this policy is declined, standard procedures for appeal to the Residence Appeal Authority apply.

Effective 26/07/1999