E13 Lapsing a temporary visa application from an offshore applicant impacted by the effects of COVID 19 related border restrictions

See also Immigration Act 2009 s24

1. A temporary visa application in respect of which no decision to grant a visa has been made on 30 June 2021 may be lapsed where:
   1. the application was submitted before 10 August 2020; and
   2. the application is not listed in (b) below; and
   3. the applicant is either:
      • outside New Zealand, or
      • a person who has subsequently been granted a visa on the basis of having a critical purpose for travelling to New Zealand under H5.25.15(c)(ii), or on the basis of being a partner or dependent child of such a person.
2. The following temporary visa applications will be excluded from (a) above (and therefore not be lapsed):
   1. an application made from a COVID-19 quarantine free travel zone (as defined in regulation 9A of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010) where the applicant has notified INZ in writing before 30 June 2021 that they are still in a COVID-19 quarantine free travel zone, and want their application to be processed;
   2. an application based on a relationship (partner or dependent child/ren) to a New Zealand citizen, residence class visa holder or temporary visa holder;
   3. a work visa application under any of the following categories:
      • Post-study work instructions (WD)
      • Work to Residence instructions (WR)
      • Entrepreneur Work Visa Category (BB)
      • Global Impact Visa Categories (BG2)
   4. an application for a work visa to arrange the transfer to, and investment of funds in, New Zealand under BJ7.40;
   5. an application based on a relationship (partner or dependent child/ren) to a principal applicant with a temporary visa application that is listed under (b) i to (b) iv above.

Note: Any application which was made on the basis of an invitation to apply under COVID-19 Support Restricted Temporary Entry instructions at H5 or H6 cannot be lapsed. A decision to lapse a temporary visa made under restricted temporary entry instructions may only be made in accordance with instructions in place at the time the application was made.

Effective 24/06/2021