Visas vs Permits and all that malarkey.
In November 2010, the Immigration Act 2009 became law.
The new Act modernises New Zealand’s immigration laws. However, it does not make major changes to the criteria under which people apply to travel to and stay in New Zealand.
So basically, it’s designed to make it easier to understand and follow. What could possibly go wrong??? As I’m not allowed to use my own words to explain the difference, most of this is copied from the link above (with a few notes – because we all know I just cant keep my mouth entirely shut!)
Terminology changes
The new Act uses the single term ‘visa’ for authority to travel to and stay in New Zealand. The terms ‘permit’ and ‘exemption’ are no longer used.
Immigration ‘policy’ is now known as immigration ‘instructions’. This more clearly distinguishes the difference between high-level government policy and the criteria for determining immigration applications (‘instructions’).
I think this is a bit pointless to be honest. Government policy is what determines the criteria for immigration approval – as anyone who has been fobbed off by INZ officials will be able to attest to.
The terms ‘residence permits’, ‘residence visas’ and ‘returning resident’s visas are replaced by ‘resident visas’ and ‘permanent resident visas’ – but there is no change to existing categories or criteria for people wishing to settle in New Zealand.
Ah – thankfully – no more RRV’s and IRRV’s – just a visa and a permanent visa.
For more information see the New terminology and concepts factsheet.
A new sponsorship system
Sponsors of people coming to New Zealand are responsible for all aspects of maintenance, accommodation and repatriation (or deportation) of the sponsored person. More specific criteria for sponsors are also introduced.
For temporary entry visas, this broader obligation is in place for the whole time the sponsored person is in New Zealand. For resident visas, this obligation is in place for a specific period.
Another change allows organisations (companies, charitable trusts and societies) and government agencies to sponsor individuals in some circumstances. These new categories of sponsors are eligible to support visitor visas and also work-to-residence and residence-from-work visas under the ‘talent’ category (arts, culture and sports).
For more information see the Sponsorship factsheet.
So basically they have tidied this up and tightened it a bit to try and make sure sponsors honour their obligations more. Fair enough I reckon (speaking as a sponsor of my parents and brother). It’s not really a new system though.
Returning residents’ visas
Successful residence applicants are generally granted a ‘resident visa’ with two years of ‘travel conditions’. This allows: travel to New Zealand (if the holder is offshore); indefinite stay in New Zealand; and multiple re-entry to New Zealand within the validity of the resident visa travel conditions. The term ‘returning resident’s visa’ (RRV) is no longer used, however, current RRV holders do not need to do anything other than follow the conditions of their current visa or permit.
‘Permanent resident visas’ replace indefinite RRVs and allow the holder indefinite right to enter New Zealand.
The requirements to progress from a ‘resident visa’ to a ‘permanent resident visa’ are similar to the current requirements to progress from a ‘non-indefinite RRV’ to an ‘indefinite RRV’.
People who hold ‘residence visas’, ‘residence permits’ and ‘non-indefinite RRVs’ on 29 November 2010 are automatically deemed to hold ‘resident visas’ with the appropriate travel conditions.
People who hold ‘indefinite RRVs’ on 29 November 2010 are automatically deemed to hold ‘permanent resident visas’ with indefinite rights to enter New Zealand.
Um – haven’t they already covered this above? However – in the residence factsheet, it now specifies that certain people will be able to get the Permanent Residency Visa straight away, rather than having to meet the usual criteria:
However, new policy settings enable a small number of residence applicants to progress directly to a permanent resident visa. These are:
foreign national partners of New Zealand citizens (and the partner’s dependent children) where:
- the New Zealand citizen has been living overseas for at least five years, or has been in New Zealand for three months or less after living overseas for at least five years, and
- the partnership has been ongoing for at least five years.
- people who were granted a temporary work visa under the Talent (Accredited Employers) Work category who have a job with a salary of at least NZ$90,000 gross per annum at the time they apply for residence under the corresponding Residence from Work category, and
refugees and protected people.
Only people who apply for residence on or after 29 November 2010 are considered for the grant of a permanent resident visa as a result of their first residence application.
For more information see the Residence factsheet.
Streamlining appeals
The 2009 Act maintains existing appeal rights and sets up one independent body to hear appeals – the Immigration and Protection Tribunal (IPT), which is administered by the Ministry of Justice. The IPT replaces the current Removal Review Authority, Residence Review Board, Refugee Status Appeals Authority and Deportation Review Tribunal.
Where there is more than one ground for appeal, for example, on facts and humanitarian grounds, both grounds must be lodged together.
Now, this is very important. The Residence Review Board is an absolute mine of information for people who get into difficulties with INZ. It’s absolutely fascinating to read, though a bit boring from time time, and its important to know that the system is changing. The IPT can be found here, and the first decision is already published on the website. I assume (dangerous I Know), that as more appeals are heard you will be able to search the files in the same way you can at the RRB. The RRB website is still active and you can still look up cases.
A new classified information system with special safeguards
Classified information relating to security or criminal conduct can now be used in decision making, if agreed by the Minister of Immigration. Special safeguards balance the right of the Government to use all available information in deciding who may travel to, enter and stay in New Zealand, and the rights of foreign nationals.
So basically it gives INZ more power to snoop around if they think you may have a dodgy past. I’m actually supportive of that, because while I personally detest giving government agencies more power to snoop on people, I do feel that asking a country to allow you to live there is a bit different. With the proviso obviously that if the answer comes back clean, then INZ actually accept that and don’t ask the same sodding question 1000 times hoping to get a different answer.
Streamlining the deportation process
The deportation process has been simplified to better balance efficiency with fairness. The terms ‘removal’ and ‘revocation’ are no longer used, and instead, the single term ‘deportation’ is used.
People who are deported are prohibited from re-entering New Zealand for two years, five years or permanently, depending on the seriousness of the situation.
There’s an interesting little tidbit in the factsheet on this:
Who is liable for deportation?
In summary, deportation liability is triggered by:
Staying in New Zealand on a visa granted in error
So basically, if INZ screw up and give you a Visa by mistake – you can be deported (with the ongoing issue of then having to state on any further applications to any country that yes, you have been deported). I would hope that the person giving out the visa by mistake would also get sacked – but there is no mention of that oddly enough.
For more information see the Deportation factsheet.
Compliance, detention and monitoring
The 2009 Act establishes a flexible approach to monitoring and detaining foreign nationals who are considered to be a threat to the integrity of the immigration system or the security and safety of New Zealand. This includes arrest and detention by police for up to 96 hours and detention under a court-issued ‘warrant of commitment’ for up to 28 days.
The new Act provides immigration officers with powers that could previously only be carried out by Police or Customs officers on behalf of Immigration, for example, to enter and search planes or ships.
Where the powers are new for immigration officers, they are brought into force only when Cabinet is satisfied that the appropriate training and operating instructions have been developed, and that appropriate safeguards are in place.
This does not instill me with confidence. After all, INZ staff are supposed to be trained to do the jobs they have now, and yet often don’t seem to have a clue what they are doing way too often. Given them more powers actually does scare me. Again, I hope the consequences for staff when they screw up are a damn site more harsh than is currently the case.
For more information see the Powers of immigration officers factsheet.
Biometrics and information sharing
The 2009 Act enables specific biometric information to be collected, stored and used – for example, photographs, fingerprints and iris scans – to verify a foreign national’s identity.
The Act also allows foreign nationals’ (not New Zealand citizens’) personal information, including biometric information, to be shared with some other agencies nationally and internationally to address immigration and identity fraud; and manage the safety and security of New Zealand. In addition, foreign national’s personal information can be shared with other New Zealand agencies to check eligibility for publicly-funded services (such as health services).
The relevant provisions will only come into force once Cabinet is satisfied that robust procedures and processes are in place and that there is appropriate protection for individuals, consistent with the Privacy Act 1993.
Big Brother is watching – even in cozy New Zealand, and no amount of garbage about “robust procedures and processes” is going to change that. The spreading of FUD (fear, uncertainty and doubt) is still the best way to control people, and NZ have wised up to that. Despite all that – if you lose your mobile phone – Vodafone can’t find it for you by tracking the signal of where it was last used -but I bet they could tell Immgration where you were hiding!
Employer obligations
The 2009 Act narrows the ‘reasonable excuse’ defence for employing a foreign national not entitled to work in New Zealand. Employers therefore need to check an individual’s work entitlement more carefully than previously.
To help speed up the employment process, the Department of Labour has set up an online system – called VisaView – to allow employers to check a job applicant’s entitlement to work and any conditions. The system is designed to be quick and easy to use, and to protect individual privacy.
However – we can’t access VisaView to check our own details and make sure they are correct. Figures!
Education
The 2009 Act increases penalties against education providers who fail to comply with their immigration obligations. However, providers of compulsory education will not be prosecuted for enrolling a child who is unlawfully in New Zealand.
Interim visas
The 2009 Act introduces a new ‘interim visa’. These may be granted if a foreign national who holds a current temporary visa has applied for a further temporary visa. This maintains the individual’s lawful status in New Zealand while his or her application is being considered. This provision is due to come into effect on 7 February 2011.
This is a REAL bonus. No longer will you be an Illegal Overstayer becuase INZ dithers around with your application. Yay!
For more information see the Interim visas factsheet.
NOTE: Comments in Blue are my opinion only, and are not to be deemed as Immgration Advise in any way.
I am not a licenced Immgration adviser, and do not give immigration advise.
I am a New Zealand citizen voicing my opinion on Immigration Matters. 
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How to sponsor your family into New Zealand Part 1
Filed under: Getting to New Zealand, NZIS & Immigration issues
If like me, you actually cant bear living apart from your family, and they also wouldn’t mind living in the same hemisphere as you – you do have the option of bringing them into New Zealand as residents just because they are your family.
For many migrants to New Zealand, it is not possible for our parents to emigrate to New Zealand via the Skilled Migrant route, either because they are too old (anything over 55 counts) or because they don’t have the kind of skills you need to be a skilled migrant.
For this – there is the Family Sponsorship: Parent Category.
So – what do you need to know?
Firstly, there are some things you have to have done in order to be allowed to sponsor your parents:
1/ Most important, is that you have to pass the “Centre of Gravity” test. This is all about how many brothers and sisters you have, and where they live in relation to your parents. If you have just one brother or sister, there is no problem, and the “Centre of Gravity” is split equally between New Zealand and your parent’s home country.
There can be a problem if you have 2 or more siblings however. Say you have two brothers.
For the centre of gravity to be deemed New Zealand, half or more of the siblings have to be living in a different country to the parents. So if you live in New Zealand, your parents live in the UK, but your two brothers also live in the UK, you are not eligible to sponsor your parents.
If however one of those brothers moved to the US, then the Centre of Gravity is no longer the UK, and you can sponsor your parents quite happily.
Be aware that half brothers and sisters count when Immigration New Zealand determine the centre of gravity.
2/ You have to have been a resident of New Zealand for 3 years.
This means from the date you have your residency permit. (not just your VISA). If you first came to NZ on a Visitors visa, and then transferred to a residency permit – the 3 years starts from the day you got the visa, not from the day you entered the country.
3/ You have to have lived in New Zealand for at least 184 days (6 months) for each of the 3 years before you make the sponsorship application,
4/ You need a household income of at least $29,897.92 which cannot come from benefits (2009 figures)
5/ You need to be physically living in New Zealand at the time you put the application in.
6/ You will be required to sign a declaration on the sponsorship form that basically says you will provide for your parents if necessary, and repay any benefits that they may receive from the NZ government for the first 2 years.
What documents do you need to send in as the Sponsor?
1/Certified copies of either your residence permit, or if you are a citizen, a certified copy of your Passport or letter from the Dept. Internal affairs granting you citizenship.
2/ Certified copies of document proving your income: IRD Summary of Earnings, wage slips, job contract or bank statements.
The sponsor fills in Sponsorship Form 1024 which can be downloaded here.
So what do your parents need to do?
Your parents also need to fill out the standard Residency Application: Form 1000, which you can download here.
They simply need to satisfy:
Good Health Requirements
Good Character Requirements.
They do not need to prove income (you have already done that), nor do they need to have a job in order to apply.
They will need to provide:
Police Certificates less than 6 months old
Medical Certificates less than 3 months old
Application fee (£435 if applying in the UK, $660 USD if applying if the US, $700 if applying in New Zealand)
Coming next…. What is the process and how long does it take?
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