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70: Classes of visa
or “Different types of visas for living in, visiting, or passing through New Zealand”

You could also call this:

“Who can apply to live permanently in New Zealand”

You can apply for a residence class visa if you are outside New Zealand and want to live here permanently. You can also apply if you’re already in New Zealand, have a temporary or resident visa, and are not subject to section 150 of the Immigration Act.

If you’re from a country that doesn’t need a visa to enter New Zealand, you might be able to apply for a residence class visa in certain places. These places include areas designated by the chief executive, immigration control areas, or other specified locations.

Some people can only apply for a resident visa or permanent resident visa if they’re invited to do so. If you’re invited, you must apply within the time frame given in the residence instructions.

If you have a limited visa, interim visa, or transit visa, or if you’re liable for deportation, you can’t apply for a residence class visa. However, the Minister can decide to grant you a residence class visa in special cases.

Remember, these rules are part of New Zealand’s Immigration Act 2009. They help determine who can apply to live in New Zealand permanently.

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Next up: 72: Decisions on applications for residence class visa

or “How Immigration decides on your residence visa application”

Part 3 Visas
Classes of visa: Residence class visas

71Who may apply for residence class visa

  1. The following persons may apply for a residence class visa:

  2. a person who is outside New Zealand and who wishes to come to New Zealand and stay indefinitely:
    1. a person who is—
      1. onshore; and
        1. the holder of a temporary visa or a resident visa; and
          1. not subject to section 150:
          2. a person to whom a visa waiver applies, and who falls within a class prescribed by regulations as a person who may apply for a residence class visa—
            1. in a place designated by the chief executive under section 383; or
              1. in an immigration control area; or
                1. in a prescribed place.
                2. No person who is of a class or category that, by virtue of immigration instructions, may only apply for a resident visa or a permanent resident visa by invitation, may apply for such a visa without an invitation.

                3. A person may apply for a resident visa or a permanent resident visa in response to an invitation to apply only if the application is made in the time frame specified in the residence instructions.

                4. To avoid doubt, no limited visa holder, interim visa holder, transit visa holder, or person who is liable for deportation may apply for a residence class visa.

                5. However, the Minister, in his or her absolute discretion, may grant a residence class visa to a person to whom subsection (4) applies.

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