Y3.20 People with expired resident visa (including expired returning resident’s visas (RRVs) issued under the Immigration Act 1987)

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, regs 6, and 34

1. A person who has previously held a resident visa will be referred to an immigration officer on arrival in New Zealand, whether or not they appear to meet the requirements for entry as a resident, if their resident visa has expired.

   Notes:
   An RRV of limited duration issued under the Immigration Act 1987 is deemed to be a resident visa allowing travel to New Zealand for an unlimited number of journeys valid until the date of expiry of the RRV.
   
   Under section 63(2) of the Immigration Act 2009, the date a resident visa expires is the earlier of:
   ~ the day and time the holder left New Zealand, if the visa has no travel conditions allowing further travel to New Zealand;
   ~ the beginning of the day after the date that is specified by the travel conditions of the visa as the last day of the period of time within which travel is allowed to New Zealand.

2. If the person's foreign passport shows that they have held a resident visa, an appropriately delegated officer may:
   1. give a special direction under regulation 34 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 to waive any requirements for a visa and entry permission, if necessary; and
   2. grant a resident visa and entry permission, if the officer determines that the principal applicant:
      • would have met the criteria to be granted a variation of travel conditions had they applied for it on the date their resident visa expired and those travel conditions would still be valid on the date the application for a second or subsequent resident visa was made; or
      • would have met the criteria to be granted a permanent resident visa had they applied for it on the date their resident visa expired and that date was less than 24 months before the date the application for a second or subsequent resident visa is made.
3. If the person is not eligible for a resident visa, the officer may grant a one month temporary visa and entry permission.
4. If the person's passport does not show that they have held a resident visa but the person claims to have been a New Zealand resident, an immigration officer must establish whether the person has in fact been a resident and held a resident visa.
5. If the officer clearly establishes that the person has been a resident and held a resident visa then they may permit the person entry under (b) above.
6. If the officer cannot clearly establish whether the person has been a resident and held a resident visa but is satisfied that the person is more likely than not to have been a resident and held a resident visa the officer may:
   1. give a special direction under regulation 34 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 to waive any requirements for a visa and entry permission, if necessary; and
   2. grant a one month temporary visa and entry permission.
7. If the officer cannot clearly establish whether the person has been a resident and held a resident visa and is not satisfied that the person is more likely than not to have been a resident and held a resident visa the officer must:
   1. grant a one month temporary visa, if the person meets the requirements for a temporary visa, and entry permission; or
   2. refuse entry permission under section 107 of the Immigration Act 2009, if the person does not meet the requirements for a temporary visa.
8. A person who is granted a visa and entry permission under (b) or (e) above must be advised that, in order to facilitate future travel to New Zealand they must apply for further travel conditions on their resident visa or a permanent resident visa.

Effective 02/02/2015