Y3.50 People with expired returning resident's visa or ... (01/10/1999)

Y3.50 People with expired returning resident's visa or no returning resident's visa

Immigration Regulations 1999 regs 9, 12

1. A person who is a New Zealand citizen or resident will be referred to an INZ immigration officer on arrival in New Zealand, whether or not they appear to meet the requirements for a permit, if they:
   1. travel outside New Zealand on a foreign passport; and
   2. arrive back in New Zealand with an expired returning resident's visa (RRV) or no RRV.
2. If the person's foreign passport shows that they are a New Zealand citizen or have held a residence permit, the officer may :
   1. give a special direction under regulation 9 or 12 to waive any entry requirements, if necessary; and
   2. grant a residence permit, if the officer determines that:
      • the person would have been eligible to be granted an RRV before their most recent arrival in New Zealand; and
      • any RRV granted would still have been current on the date of their arrival in New Zealand (see X4); or
   3. (if the person is not eligible for a residence permit) grant a one month temporary permit.
3. If the person's foreign passport does not show that they are a New Zealand citizen or have held a residence permit, but the person claims to be a New Zealand citizen or resident, an INZ immigration officer must establish whether the person is in fact a New Zealand citizen or resident.
4. If the officer clearly establishes that the person is a New Zealand citizen or resident then they may permit the person entry under Y3.50(b).
5. If the officer cannot clearly establish whether the person is a New Zealand citizen or resident, but is satisfied that the person is more likely than not to be a citizen or resident, the officer may:
   1. give a special direction under regulation 9 or 12 to waive any entry requirements, if necessary; and
   2. grant a one month temporary permit.
6. If the officer cannot clearly establish whether the person is a New Zealand citizen or resident, and is not satisfied that the person is more likely than not to be a citizen or resident, the officer may:
   1. grant a one month temporary permit, if the person meets the requirements for a temporary permit; or
   2. refuse entry under section 128 of the Immigration Act 1987, if the person does not meet the requirements for a temporary permit.
7. A person who is issued a temporary permit under Y3.50(b)(ii) or (e) or (f)(i) must be advised in writing to contact an INZ office before their permit expires with evidence of their New Zealand citizenship or residence status.

Effective 01/10/1999