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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Government immigration and residence policy

410: Government policy on lapsing of applications for visas and permits under former Act to be treated as immigration instructions for applications to which section 412 applies

You could also call this:

“Old visa application expiry rules still apply to applications made before new law”

When the new Immigration Act 2009 starts, the rules about when visa applications end (or ‘lapse’) under the old law will still be used for applications made before the new law began. These rules will be treated as if they are part of the new immigration instructions.

You need to know that even though these rules come from the old law, they will work the same way under the new law. This means that if you applied for a visa before the new law started, the old rules about when your application might end will still apply to you.

The time periods mentioned in these rules will include any time that passed before the new law began. This means that if a rule says an application ends after a certain number of days, the counting of those days doesn’t start over when the new law begins. The days that have already passed still count.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441353.

Topics:

Immigration and citizenship > Visas

Immigration and citizenship > Border control

Government and voting > Government departments

409: Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions, or

“Old immigration and residence rules become new instructions under the Immigration Act 2009”

411: General instructions given under section 13BA of former Act treated as general instructions under section 26(4) of this Act, or

“Old rules continue under new law with minor adjustments”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Government immigration and residence policy

410Government policy on lapsing of applications for visas and permits under former Act to be treated as immigration instructions for applications to which section 412 applies

On and from the commencement of section 404 of this Act, Government policy published under section 13A(2) of the former Act and relating to rules and criteria for the lapsing of applications (as described in section 13BB of the former Act) that is in force immediately before that commencement must be treated as immigration instructions certified under section 24 of this Act for the purposes of determining whether an application made before the commencement of section 404 has lapsed, and this Act applies accordingly with any necessary modifications.
Without limiting subsection (1), any relevant time periods specified in the immigration instructions must be calculated including any time that has elapsed before the commencement of section 404 of this Act.