Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Visas - Classes of visa - Temporary entry class visas: provisions applying to limited visas

82: Grant of limited visa rather than temporary visa applied for or held

You could also call this:

“Limited visa may replace temporary visa to manage risk of overstaying”

When you apply for a temporary visa to come to New Zealand, the Minister or an immigration officer can give you a limited visa instead. This can happen if you’re outside New Zealand and want to visit for a specific reason, or if you’re from a visa-waiver country and arrive in New Zealand for a specific purpose. If you already have a temporary visa, you need to agree to get a limited visa instead.

The Minister or immigration officer might give you a limited visa if they think there’s a chance you might stay in New Zealand longer than your visa allows. They’ll only do this if they believe it’s necessary to manage that risk.

If you have a temporary visa and you’re trying to enter New Zealand, the Minister or an immigration officer can cancel your temporary visa and give you a limited visa instead. This can only happen if you’re coming to New Zealand for a specific reason, and if they think there’s a risk you might stay longer than allowed. They’ll only do this if they think it’s necessary to manage that risk, and you must agree to the change.

In both cases, the Minister or immigration officer is trying to make sure you’ll leave New Zealand when your visa expires. They use limited visas as a way to manage this risk.

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 It might be out of date or be missing some parts.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=DLM1440704.

Topics:

Immigration and citizenship > Visas

Immigration and citizenship > Border control

Government and voting > Government departments

81: Who may apply for limited visa, or

“Who can request a limited visa for entering or staying in New Zealand”

83: Grant of limited visa in relation to criminal matters, or

“Special visa for people involved in criminal cases or legal assistance”

Part 3 Visas
Classes of visa: Temporary entry class visas: provisions applying to limited visas

82Grant of limited visa rather than temporary visa applied for or held

If a person applies for a temporary visa (rather than a limited visa), the Minister or an immigration officer may grant the person a limited visa rather than the temporary visa applied for if, and only if,—
the person,—
1. including a person to whom a visa waiver applies, is outside New Zealand and wishes to come to New Zealand for an express purpose; or
2. is a person to whom a visa waiver applies who arrives in New Zealand and wishes to stay in New Zealand for an express purpose; or
3. is the holder of a temporary visa, and agrees to the grant of the limited visa; and
the Minister or the immigration officer identifies a risk that the person will remain in New Zealand beyond the expiry of his or her visa; and
the Minister or the immigration officer considers that the grant of a limited visa rather than a temporary visa is necessary to manage that risk.

If the holder of a temporary visa applies for entry permission, the Minister or an immigration officer may cancel the temporary visa by granting the person a limited visa, and grant entry permission to the person on the basis of the limited visa if, and only if,—
the person wishes to enter New Zealand for an express purpose; and
the Minister or the immigration officer identifies a risk that the person will remain in New Zealand beyond the expiry of his or her visa; and
the Minister or the immigration officer considers that the grant of a limited visa (and entry permission on the basis of that visa) is necessary to manage that risk; and
the person agrees to the grant of a limited visa and entry permission on the basis of that visa.

Compare

s 14DA(2)