Immigration Act 2009

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

You could also call this:

“How old visas and permits change under the new immigration law”

This schedule explains how visas from the old immigration law are changed to match visas under the new Immigration Act 2009. The schedule is split into two parts: one for people outside New Zealand and one for people inside New Zealand.

For people outside New Zealand, the schedule shows how different types of visas from the old system are converted to new visas. For example, a residence visa under the old law becomes a resident visa under the new law. The new visas generally allow similar things as the old ones, like travelling to New Zealand, staying for a certain time, or working and studying.

For people already in New Zealand, the schedule shows how their current visas and permits change under the new law. For instance, someone with a residence permit now has a resident visa that lets them stay in New Zealand. Work permits become temporary visas that allow work, and student permits become temporary visas that allow study. The new visas usually keep the same conditions and time limits as the old ones.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2393729.

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

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5Visas corresponding to visas and permits held under former Act

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