Immigration Act 2009

Visas - Visas generally - General rules relating to visas

64: Cancellation of visa on triggering event

You could also call this:

“When visas can be cancelled or end”

Your visa can be cancelled in several situations. If you are deported from New Zealand, your visa is cancelled. Your visa is also cancelled the day after a deportation order can be served to you, even if your visa was issued before or after this rule came into effect.

If you are refused entry permission or your entry permission is revoked, your visa is cancelled. If you arrive at an immigration control area and leave without talking to an immigration officer, or if you don’t follow an officer’s instruction to stay in the area, your visa is cancelled.

If you arrive somewhere that’s not an immigration control area and don’t present yourself as required by section 103(1)(b), your visa is cancelled. Your visa is also cancelled when you get a new visa, when you become a New Zealand citizen, when you register as a New Zealand citizen by descent, or when you get a certificate confirming you’re a New Zealand citizen.

There’s an exception to these rules. If you have a residence class visa and you get a temporary entry class visa, your residence class visa isn’t cancelled unless the temporary visa was given to you under section 68.

It’s important to know that if your visa is cancelled because of a deportation order, getting a new visa doesn’t stop you from being deported.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440676.

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

Previous

63: Expiry of visa, or

“When your visa comes to an end in different situations”


Next

65: Cancellation of resident visa before holder first arrives in New Zealand as holder of visa, or

“Rules for cancelling a resident visa if you haven't entered New Zealand yet”

Part 3 Visas
Visas generally: General rules relating to visas

64Cancellation of visa on triggering event

  1. A visa is cancelled in the following circumstances:

  2. on the deportation of its holder from New Zealand:
    1. on the day after the first date on which a deportation order may be served on the person under section 175A, whether the visa was issued before or after this paragraph came into force:
      1. on the refusal of entry permission to its holder:
        1. on entry permission granted to its holder being revoked:
          1. if the holder arrived at an immigration control area,—
            1. on the holder leaving the immigration control area without presenting himself or herself to an immigration officer; or
              1. on the holder failing to comply with the instruction of an immigration officer to remain in the area:
              2. if the holder arrived at a place other than an immigration control area, on failing to present himself or herself in the prescribed manner and within the prescribed time as required under section 103(1)(b):
                1. on the start date of a further visa granted to its holder:
                  1. on the grant of New Zealand citizenship to its holder:
                    1. on the registration of New Zealand citizenship by descent under section 7(2) of the Citizenship Act 1977 by its holder:
                      1. on the issue of an evidentiary certificate under section 21 of the Citizenship Act 1977 that confirms the holder is a New Zealand citizen.
                        1. Despite subsection (1)(f), the grant of a temporary entry class visa to the holder of a residence class visa does not cancel the residence class visa unless the grant of the temporary entry class visa was made under section 68.

                        2. To avoid doubt, if a person’s visa is cancelled under subsection (1)(ab), the grant of a new visa to the person does not cancel the person’s liability for deportation.

                        Notes
                        • Section 64(1)(ab): inserted, on , by section 20(1) of the Immigration Amendment Act 2015 (2015 No 48).
                        • Section 64(3): inserted, on , by section 20(2) of the Immigration Amendment Act 2015 (2015 No 48).