Immigration Act 2009

Core provisions and matters in relation to decision making - Excluded persons

17: Exceptions to non-eligibility for visa or entry permission

You could also call this:

“When you might still be allowed to get a visa or enter New Zealand despite being ineligible”

You might be allowed to get a visa or enter New Zealand even if you’re usually not eligible. This can happen in two ways: if you get a special direction, or if you’re a refugee or protected person.

If you have a permanent resident visa, a resident visa that you got in New Zealand, or if you’re coming back to New Zealand with a resident visa, you must be allowed to enter the country.

You must also be given a visa and allowed to enter if you have special rights under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971. This doesn’t include some people mentioned in the Diplomatic Privileges and Immunities Act.

If someone decides to give you a visa and let you enter when you’re usually not eligible, it’s completely up to them. They don’t have to explain why they made that decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440600.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments

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16: Certain other persons not eligible for visa or entry permission, or

“Who can't enter New Zealand due to security or crime risks”


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18: Obligation of persons unlawfully in New Zealand to leave New Zealand, or

“You must leave New Zealand if you're here without permission”

Part 2 Core provisions and matters in relation to decision making
Excluded persons

17Exceptions to non-eligibility for visa or entry permission

  1. Despite sections 15 and 16, a visa and entry permission may be granted to any person—

  2. in accordance with a special direction; or
    1. in accordance with section 83.
      1. Despite sections 15 and 16,—

      2. entry permission must be granted to—
        1. the holder of a permanent resident visa; and
          1. the holder of a resident visa granted in New Zealand; and
            1. the holder of a resident visa arriving in New Zealand for a second or subsequent time as the holder of the visa:
            2. a visa and entry permission must be granted to a person who is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 (other than a person referred to in section 10D(2)(d) of that Act) or the Consular Privileges and Immunities Act 1971.
              1. A decision to grant a visa and entry permission under subsection (1) is in the absolute discretion of the decision maker.

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