Immigration Act 2009

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

414: Invitations to apply for residence under section 13E of former Act

You could also call this:

“How old invitations to apply for residence remain valid under the new law”

If you were invited to apply for residence under section 13E of the old law before the new law started, your invitation is still valid. It will be treated as if it were an invitation under section 94 of the new law. The new law will apply to your application, with any changes that are needed to make it work.

When figuring out if you applied for residence within the time limit after getting an invitation, the time will be counted from when you first got the invitation. This includes any time that passed before the new law section 404 started.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441360.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control

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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”


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415: Holder of visa or permit under former Act deemed to be holder of visa and (if applicable) granted entry permission under this Act, or

“Old visas and permits convert to similar visas under new immigration law”

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

414Invitations to apply for residence under section 13E of former Act

  1. An invitation to apply under section 13E of the former Act that was made before the commencement of section 404 of this Act and is current immediately before that commencement must be treated as if it were an invitation to apply made under section 94 of this Act for a visa of the appropriate type (as set out in the table in section 412(1)), and this Act applies accordingly, with any necessary modifications.

  2. For the purposes of determining whether a residence application has been made in the stipulated time frame following the issue of an invitation to apply to which subsection (1) applies, the period of time must be calculated including any time that has elapsed before the commencement of section 404 of this Act.