Plain language law

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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Existing visas and permits

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

You could also call this:

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

If you had a visa or permit under the old law, you now have a similar visa under the new law. The new visa will work like your old one, lasting for the same time and having the same rules. You can find out what your new visa is by looking at a special list called Schedule 5.

If you had a permit under the old law, you can now enter New Zealand under the new law. If you had both a visa and a permit before, you now have one visa that combines both.

The time your new visa lasts includes the time that passed before the new law started. If you have a transit visa, the time you can stay in New Zealand also includes time you were here before the new law began.

These rules don’t apply to some people who are covered by other parts of the law.

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 It might be out of date or be missing some parts.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=DLM1441362.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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“How old invitations to apply for residence remain valid under the new law”

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416: Returning resident's visa held by New Zealand citizen under former Act indication of entitlement, or

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Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Existing visas and permits

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

  1. A person who, immediately before the commencement of section 404 of this Act, held a visa or permit under the former Act (or was deemed to hold a permit under the former Act) of a type described in the first column of Schedule 5 is deemed on and from the commencement of section 404 of this Act to hold a visa under this Act of the corresponding type described in the second column of Schedule 5 for the duration and subject to the conditions (if any) described in the second column, and this Act applies accordingly with any necessary modifications.

  2. In addition, a person who, immediately before the commencement of section 404,—

  3. held a permit under the former Act (or was deemed to hold a permit under the former Act) is deemed on and from that commencement to have been granted entry permission under this Act, and this Act applies accordingly with any necessary modifications:
    1. held a visa (other than a transit visa) and a permit under the former Act is deemed on and from that commencement to hold under this Act a single visa (as determined under Schedule 5) for the duration and subject to the conditions (if any) of the visa and the permit combined, and this Act applies accordingly with any necessary modifications.

      1. Without limiting subsection (1) or (2),—

      2. the period of currency of a visa deemed to be held under this Act by this section must be calculated including any time that has elapsed before the commencement of section 404 of this Act:
        1. the transit period for any person deemed to hold a transit visa under subsection (1) must be calculated including any time that has elapsed in which the person was in New Zealand before the commencement of section 404 of this Act.

          1. Nothing in this section applies to a person to whom section 432 or 438 of this Act applies.