Immigration Act 2009

Schedule 5: Visas corresponding to visas and permits held under former Act

You could also call this:

"What visa you can get under the new law if you had one under the old law"

Illustration for Immigration Act 2009

You are looking at a schedule about visas. It is part of the Immigration Act 2009. This schedule is like a list that helps explain what visas people can get. It has two main parts. The first part is for people who are not in New Zealand. The second part is for people who are already in New Zealand. The schedule says what kind of visa you will get under the new Act if you had a certain type of visa or permit under the old Act. You can check the schedule to see what visa you might get. For example, if you had a residence visa under the old Act, you might get a resident visa under the new Act. If you had a work visa, you might get a temporary visa that lets you work in New Zealand. The schedule also talks about visitor's visas, student visas, and limited purpose visas. It explains what each type of visa allows you to do and for how long. Some visas let you travel to New Zealand, stay for a while, or work or study. Others have conditions that you must follow. You can look at the schedule to see what visa is right for you and what you can do with it. The schedule is empowered by s 415 of the Immigration Act 2009. It also refers to other parts of the Act, like section 72. It mentions other laws too, such as the Mutual Assistance in Criminal Matters Act 1992 and section 18A of the former Act.

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 It might be out of date or be missing some parts.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=DLM2393729.

This page was last updated on View changes


Previous

Schedule 4: Regulations, rules, and orders amended, or

"Changes to Laws and Rules Under the Immigration Act 2009"


Next

Schedule 6: Modifications of Act relating to COVID-19 outbreak, or

"Changes to the Immigration Act 2009 because of COVID-19"

5Visas corresponding to visas and permits held under former Act Empowered by s 415

Part 1Visas corresponding to visas held under former Act by persons who are outside New Zealand

The following table is large in size and has 2 columns. Column 1 is headed Visa held under former Act. Column 2 is headed Visa holder is deemed to hold under this Act.
Visa held under former Act Visa holder is deemed to hold under this Act

Residence visa—

  • allowing a single journey to New Zealand; and
    1. of limited duration
      1. Resident visa—

      2. allowing travel to New Zealand for a single journey within the period or until the date specified in the residence visa issued under the former Act; and
        1. if the holder is granted entry permission, allowing stay in New Zealand
          1. Residence visa—

          2. allowing a single journey to New Zealand; and
            1. of limited duration; and
              1. that specifies requirements are to be imposed under section 18A of the former Act on grant of permit
                1. Resident visa—

                2. allowing travel to New Zealand for a single journey within the period or until the date specified in the residence visa issued under the former Act; and
                  1. if the holder is granted entry permission, allowing stay in New Zealand subject to conditions equivalent to the requirements specified in the residence visa issued under the former Act
                    1. Returning resident's visa of limited duration and residence visa—

                    2. allowing a single journey to New Zealand; and
                      1. of limited duration
                        1. Resident visa—

                        2. allowing travel to New Zealand for a single journey within the period or until the date specified in the residence visa issued under the former Act; and
                          1. if the holder is granted entry permission,—
                            1. allowing stay in New Zealand; and
                              1. allowing further travel to New Zealand for an unlimited number of journeys within the period (calculated from the date entry permission is granted) or until the date specified in the returning resident's visa issued under the former Act
                              2. Returning resident's visa of limited duration

                                Resident visa—

                              3. allowing travel to New Zealand for an unlimited number of journeys within the period or until the date specified in the returning resident's visa issued under the former Act; and
                                1. allowing the holder to enter New Zealand; and
                                  1. allowing the holder to stay in New Zealand
                                    1. Returning resident's visa of limited duration that specifies requirements are to be imposed under section 18A of the former Act on grant of permit

                                      Resident visa—

                                    2. allowing travel to New Zealand for an unlimited number of journeys within the period or until the date specified in the returning resident's visa issued under the former Act; and
                                      1. allowing the holder to enter New Zealand; and
                                        1. allowing stay in New Zealand subject to conditions equivalent to the requirements specified in the returning resident's visa issued under the former Act
                                          1. Returning resident's visa of indefinite duration

                                            Permanent resident visa

                                            Visitor's visa

                                            Temporary visa—

                                          2. allowing travel to New Zealand—
                                            1. within the period or until the date specified in the visitor's visa issued under the former Act; or
                                              1. for the number of journeys specified in the visitor's visa issued under the former Act and within the period or until the date specified in that visa; and
                                              2. if the holder is granted entry permission—
                                                1. allowing stay in New Zealand for the period or until the date specified in the visitor's visa issued under the former Act; and
                                                  1. subject to the condition that the holder does not work in New Zealand (including the territorial sea or the exclusive economic zone of New Zealand) or study, unless the conditions of the visitor's visa issued under the former Act provided otherwise; and
                                                    1. subject to conditions equivalent to any conditions specified in the visitor's visa issued under the former Act
                                                    2. Student visa

                                                      Temporary visa—

                                                    3. allowing travel to New Zealand—
                                                      1. within the period or until the date specified in the student visa issued under the former Act; or
                                                        1. for the number of journeys specified in the student visa issued under the former Act and within the period or until the date specified in that visa; and
                                                        2. if the holder is granted entry permission, allowing the holder to study subject to conditions equivalent to any conditions specified in the student visa issued under the former Act
                                                          1. Work visa

                                                            Temporary visa—

                                                          2. allowing travel to New Zealand—
                                                            1. within the period or until the date specified in the work visa issued under the former Act; or
                                                              1. for the number of journeys specified in the work visa issued under the former Act and within the period or until the date specified in that visa; and
                                                              2. if the holder is granted entry permission, allowing the holder to work in New Zealand (including the territorial sea or the exclusive economic zone of New Zealand) subject to conditions equivalent to any conditions specified in the work visa issued under the former Act
                                                                1. Limited purpose visa

                                                                  Limited visa—

                                                                2. allowing travel to New Zealand—
                                                                  1. within the period or until the date specified in the limited purpose visa issued under the former Act; or
                                                                    1. for the number of journeys specified in the limited purpose visa issued under the former Act and within the period or until the date specified in that visa; and
                                                                    2. if the holder is granted entry permission, allowing stay in New Zealand—
                                                                      1. only for the period or until the date specified in the limited purpose visa issued under the former Act; and
                                                                        1. only for the purpose for which the limited purpose visa issued under the former Act was issued; and
                                                                          1. subject to conditions equivalent to any conditions specified in the limited purpose visa issued under the former Act
                                                                          2. Transit visa

                                                                            Transit visa allowing travel to New Zealand—

                                                                          3. within the period or until the date specified in the transit visa issued under the former Act; or
                                                                            1. for the number of journeys specified in the transit visa issued under the former Act and within the period or until the date specified in that visa
                                                                              1. Temporary visa granted for the purpose of the Mutual Assistance in Criminal Matters Act 1992

                                                                                Limited visa—

                                                                              2. deemed to be granted under section 72 of this Act; and
                                                                                1. allowing travel to New Zealand within the period or until the date specified in the temporary visa issued under the former Act; and
                                                                                  1. subject to conditions equivalent to any conditions specified in the temporary visa issued under the former Act
                                                                                    1. Part 2Visas corresponding to visas and permits held under former Act by persons who are onshore

                                                                                      The following table is large in size and has 2 columns. Column 1 is headed Visa or permit held under former Act. Column 2 is headed Visa holder is deemed to hold under this Act.
                                                                                      Visa or permit held under former Act Visa holder is deemed to hold under this Act
                                                                                      Residence permit only

                                                                                      Resident visa allowing stay in New Zealand

                                                                                      Residence permit subject to requirements imposed under section 18A of the former Act

                                                                                      Resident visa allowing stay in New Zealand subject to conditions equivalent to the requirements imposed under section 18A of the former Act

                                                                                      Residence permit and returning resident's visa of limited duration

                                                                                      Resident visa—

                                                                                    2. allowing stay in New Zealand; and
                                                                                      1. allowing travel to New Zealand for an unlimited number of journeys within the period or until the date specified in the returning resident's visa issued under the former Act; and
                                                                                        1. allowing entry to New Zealand within the period or until the date specified in the returning resident's visa issued under the former Act
                                                                                          1. Residence permit subject to requirements imposed under section 18A of the former Act and returning resident's visa of limited duration

                                                                                            Resident visa—

                                                                                          2. allowing stay in New Zealand; and
                                                                                            1. subject to conditions equivalent to the requirements imposed under section 18A of the former Act; and
                                                                                              1. allowing travel to New Zealand for an unlimited number of journeys within the period or until the date specified in the returning resident's visa issued under the former Act; and
                                                                                                1. allowing entry to New Zealand within the period or until the date specified in the returning resident's visa issued under the former Act
                                                                                                  1. Residence permit and returning resident's visa of indefinite duration

                                                                                                    Permanent resident visa

                                                                                                    Visitor's permit only

                                                                                                    Temporary visa—

                                                                                                  2. allowing stay in New Zealand for the period or until the date specified in the visitor's permit granted under the former Act; and
                                                                                                    1. subject to the condition that the holder does not work in New Zealand (including the territorial sea or the exclusive economic zone of New Zealand) or study, unless the conditions of the visitor's permit granted under the former Act provided otherwise; and
                                                                                                      1. subject to conditions equivalent to the conditions of the visitor's permit granted under the former Act
                                                                                                        1. Visitor's permit and visitor's visa

                                                                                                          Temporary visa—

                                                                                                        2. allowing stay in New Zealand for the period or until the date specified in the visitor's permit granted under the former Act; and
                                                                                                          1. subject to the condition that the holder does not work in New Zealand (including the territorial sea or the exclusive economic zone of New Zealand) or study, unless the conditions of the visitor's permit granted under the former Act provided otherwise; and
                                                                                                            1. subject to conditions equivalent to the conditions of the visitor's permit granted under the former Act; and
                                                                                                              1. allowing travel to New Zealand—
                                                                                                                1. within the period or until the date specified in the visitor's visa issued under the former Act; or
                                                                                                                  1. for the number of journeys specified in the visitor's visa issued under the former Act and within the period or until the date specified in that visa
                                                                                                                  2. Student permit only

                                                                                                                    Temporary visa—

                                                                                                                  3. allowing stay in New Zealand for the period or until the date specified in the student permit granted under the former Act; and
                                                                                                                    1. allowing the holder to study; and
                                                                                                                      1. subject to conditions equivalent to the conditions of the student permit granted under the former Act
                                                                                                                        1. Student permit and student visa

                                                                                                                          Temporary visa—

                                                                                                                        2. allowing stay in New Zealand for the period or until the date specified in the student permit granted under the former Act; and
                                                                                                                          1. allowing the holder to study; and
                                                                                                                            1. subject to conditions equivalent to the conditions of the student permit granted under the former Act; and
                                                                                                                              1. allowing travel to New Zealand—
                                                                                                                                1. within the period or until the date specified in the student visa issued under the former Act; or
                                                                                                                                  1. for the number of journeys specified in the student visa issued under the former Act and within the period or until the date specified in that visa
                                                                                                                                  2. Work permit only

                                                                                                                                    Temporary visa—

                                                                                                                                  3. allowing stay in New Zealand for the period or until the date specified in the work permit granted under the former Act; and
                                                                                                                                    1. allowing the holder to work in New Zealand (including the territorial sea or the exclusive economic zone of New Zealand); and
                                                                                                                                      1. subject to conditions equivalent to the conditions of the work permit granted under the former Act
                                                                                                                                        1. Work permit and work visa

                                                                                                                                          Temporary visa—

                                                                                                                                        2. allowing stay in New Zealand for the period or until the date specified in the work permit granted under the former Act; and
                                                                                                                                          1. allowing the holder to work in New Zealand (including the territorial sea or the exclusive economic zone of New Zealand); and
                                                                                                                                            1. subject to conditions equivalent to the conditions of the work permit granted under the former Act; and
                                                                                                                                              1. allowing travel to New Zealand—
                                                                                                                                                1. within the period or until the date specified in the work visa issued under the former Act; or
                                                                                                                                                  1. for the number of journeys specified in the work visa issued under the former Act and within the period or until the date specified in that visa
                                                                                                                                                  2. Limited purpose permit only

                                                                                                                                                    Limited visa—

                                                                                                                                                  3. allowing stay in New Zealand only for the period or until the date specified in the limited purpose permit granted under the former Act; and
                                                                                                                                                    1. only for the purpose for which the limited purpose permit granted under the former Act was granted; and
                                                                                                                                                      1. subject to conditions equivalent to the conditions of the limited purpose permit granted under the former Act
                                                                                                                                                        1. Limited purpose permit and limited purpose visa

                                                                                                                                                          Limited visa—

                                                                                                                                                        2. allowing stay in New Zealand only for the period or until the date specified in the limited purpose permit granted under the former Act; and
                                                                                                                                                          1. only for the purpose for which the limited purpose permit granted under the former Act was granted; and
                                                                                                                                                            1. subject to conditions equivalent to the conditions of the limited purpose permit granted under the former Act; and
                                                                                                                                                              1. allowing travel to New Zealand—
                                                                                                                                                                1. within the period or until the date specified in the limited purpose visa issued under the former Act; or
                                                                                                                                                                  1. for the number of journeys specified in the limited purpose visa issued under the former Act and within the period or until the date specified in that visa
                                                                                                                                                                  2. Temporary permit granted for the purposes of the Mutual Assistance in Criminal Matters Act 1992

                                                                                                                                                                    Limited visa—

                                                                                                                                                                  3. deemed to be granted under section 72 of this Act; and
                                                                                                                                                                    1. allowing stay in New Zealand only for the period or until the date specified in the temporary permit granted under the former Act; and
                                                                                                                                                                      1. for the purpose for which the temporary permit granted under the former Act was granted; and
                                                                                                                                                                        1. subject to conditions equivalent to the conditions of the temporary permit granted under the former Act