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:
3. a person who is—
   1. onshore; and
   2. the holder of a temporary visa or a resident visa; and
   3. not subject to section 150:
4. 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
   2. in an immigration control area; or
   3. in a prescribed place.

5. 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.

6. 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.

7. 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.

8. 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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