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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Existing applications, expressions of interest, and invitations

412: Existing applications for visas and permits

You could also call this:

“How old visa applications are handled under the new law”

If you applied for a visa or permit under the old law but didn’t get an answer before the new law started, your application will be treated as if you applied under the new law. Here’s how it works:

Your old application will be changed to a new type of visa. For example, if you applied for a residence visa or permit, it will now be treated as an application for a resident visa. But they’ll still use the rules that were in place when you first applied.

If you applied for a temporary visa, work permit, or student permit, these will be changed to temporary visas that let you do specific things in New Zealand.

A visitor permit application will become a temporary visa that doesn’t let you work or study, unless your old permit said you could.

Limited purpose visas and permits will become limited visas under the new law.

If you applied for a transit visa, it will stay a transit visa.

Some special types of visas, like returning resident visas, will be changed to fit the new system.

The new law will apply to your application, with some changes to make it work. But there are a few exceptions:

  1. If the table says something different
  2. If there’s a special direction that says to do it another way
  3. If there are new rules or instructions that say to do it differently

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 It might be out of date or be missing some parts.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=DLM1441357.

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

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413: Expressions of interest in residence under section 13D of former Act, or

“Handling old applications to live in New Zealand under the new immigration law”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Existing applications, expressions of interest, and invitations

412Existing applications for visas and permits

  1. An application for a visa or a permit of a type described in the first column of the following table (the former type) that was made under the former Act but not determined before the commencement of section 404 of this Act must be treated as an application made under this Act for a visa of the type described opposite the former type in the second column of the following table:

    The following table is small in size and has 2 columns. Column 1 is headed Application under former Act. Column 2 is headed To be treated as application under this Act.
    Application under former Act To be treated as application under this Act
    Residence visa Resident visa (but determined in accordance with the Government residence policy in force at the time the application was made under the former Act)
    Residence permit Resident visa (but determined in accordance with the Government residence policy in force at the time the application was made under the former Act)
    Temporary visa Temporary visa
    Work permit Temporary visa that allows the holder to work in New Zealand (including the territorial sea) or the exclusive economic zone of New Zealand
    Student permit Temporary visa that allows the holder to study in New Zealand
    Visitor permit Temporary visa that does not allow the holder to work in New Zealand (including the territorial sea) or the exclusive economic zone of New Zealand or study unless the conditions of the permit granted under the former Act allow work or study
    Limited purpose visa Limited visa
    Limited purpose permit Limited visa
    Transit visa Transit visa
    Temporary permit to which section 27A of the former Act applied Limited visa to which section 83 applies
    Returning resident visa by person other than New Zealand citizen Variation of travel conditions of resident visa under section 51
    Returning resident visa by New Zealand citizen Endorsement under section 384(4)

  2. For the purposes of subsection (1), this Act applies accordingly with any necessary modifications, unless—

  3. expressly stated otherwise in the table; or
    1. any special direction directs otherwise; or
      1. any regulations made under section 472 or immigration instructions made under section 473 require otherwise.