Deemed residence class visa holders

At a glance

Certain people are deemed by the Immigration Act 2009 to hold a residence class visa even though they were never granted one under that Act. These are people whose immigration status was carried over from the Immigration Act 1987 regime, or who were exempt from holding a residence permit, or who lost New Zealand citizenship. [RA4]

The deemed categories cover: holders of returning resident's visas issued under the 1987 Act; holders of residence permits granted or considered to be held under the 1987 Act; people exempt from holding a residence permit under the Immigration Regulations 1999; and people who held New Zealand citizenship and later renounced or were deprived of it. [RA4][RA4.10]

Definition

Under section 75 and Schedule 5 of the Immigration Act 2009, and section 415, a person is deemed to hold a residence class visa if they fall into any of the following five categories: [RA4]

1. They held a residence visa or a returning resident's visa issued under the Immigration Act 1987. A holder of a residence visa is deemed to hold a resident visa with travel conditions [RA4.5]. A holder of a returning resident's visa is deemed to hold either a permanent resident visa [RA4.1] (if the visa was of indefinite duration) or a resident visa with travel conditions [RA4.5] in other cases. [RA4]
2. They held a residence permit granted under the Immigration Act 1987. This deems them to hold a resident visa without travel conditions [RA4.10].
3. They were considered to hold a residence permit under the Immigration Act 1987 [RA4.10].
4. They were exempt under the Immigration Regulations 1999 from the need to hold a residence permit in New Zealand [RA4.10].
5. They held New Zealand citizenship and subsequently renounced or were deprived of that citizenship [RA4.10].

These provisions are transitional in nature. They ensure that people who held lawful permanent residence status under earlier legislation continue to hold equivalent status under the Immigration Act 2009 without needing to make a fresh application. [RA4]

The deeming is automatic by operation of law. No application or determination by Immigration New Zealand is required for the status to exist, although a person may need to confirm or transfer their residence class visa if they require evidence of their status (see the confirmation and transfer provisions in R7). [RA4]

RA4.10 further specifies that a person in New Zealand is deemed to hold a resident visa without travel conditions if they fall within any of those last four categories (categories 2–5 above). A person who holds or is deemed to hold a resident visa may continue to stay in New Zealand indefinitely, but if they wish to leave and return as a resident they must have a resident visa with valid travel conditions in their travel document. [RA4.10] If the person's residence permit was subject to requirements imposed under section 18A of the Immigration Act 1987, their resident visa is deemed to be subject to conditions equivalent to those requirements. [RA4.10]

Application in decisions

When an immigration officer encounters a person claiming to hold a residence class visa by virtue of one of these deemed categories, the officer must verify that the person falls within the relevant category. This typically involves examining historical records showing: [RA4]

• the grant of a returning resident's visa or residence permit under the 1987 Act; or
• evidence that the person was considered to hold a residence permit; or
• evidence of exemption under the 1999 Regulations; or
• evidence of former New Zealand citizenship and its subsequent renunciation or deprivation.

If the person does fall within a deemed category, they hold a residence class visa and are entitled to the corresponding rights — including the right to stay in New Zealand indefinitely, work, and study. However, the specific type of residence class visa (resident visa or permanent resident visa, with or without travel conditions) depends on which limb of the deeming provision applies. [RA4]

If the person cannot establish they fall within a deemed category, they must apply for a residence class visa under the standard instructions if they wish to hold residence status. [RA4]

Interpretation & edge cases

• Residence visas and returning resident's visas (1987 Act): A person who held a residence visa granted under the Immigration Act 1987 is deemed to hold a resident visa allowing travel to New Zealand for a single journey within the period or until the date specified in that residence visa, and to stay indefinitely in New Zealand if granted entry permission. [RA4.5] A person who held a returning resident's visa of limited duration is deemed to hold a resident visa allowing travel to New Zealand for an unlimited number of journeys within the period or until the date specified in that returning resident's visa. [RA4.5] A person who held a returning resident's visa of indefinite duration is deemed to hold a permanent resident visa under RA4.1. [RA4.1] If a person deemed to hold a resident visa under paragraphs 1 or 2 of RA4.5 was subject to requirements imposed under section 18A of the Immigration Act 1987 (upon grant of a permit), their resident visa is subject to conditions equivalent to those requirements. [RA4.5] The distinction matters for travel rights: permanent resident visa holders can travel freely, while resident visa holders with travel conditions must maintain valid travel conditions to re-enter New Zealand.

• Residence permit holders (1987 Act): These people are deemed to hold a resident visa without travel conditions [RA4.10]. This means they can remain in New Zealand indefinitely but would need travel conditions to re-enter if they leave. [RA4] If their residence permit was subject to requirements imposed under section 18A of the 1987 Act, their resident visa is deemed to be subject to conditions equivalent to those requirements. [RA4.10]

• People considered to hold a residence permit (RA4.10.1): A person is deemed to hold a resident visa even if they never physically received a residence permit, provided that:

  1. they arrived lawfully to take up permanent residence before 2 April 1974, other than under a permit granted under the Immigration Act 1964 or any corresponding earlier Act; and
  2. have been in New Zealand continuously from the day they arrived, apart from any periods spent in Cook Islands, Niue, or Tokelau, or in Australia if during any such period they were a Commonwealth citizen or citizen of the Republic of Ireland and were able to live in either New Zealand or Australia without restriction; and
  3. were in New Zealand immediately before the commencement of the Immigration Act 1987 (i.e., were in New Zealand at midnight on 31 October 1987); and
  4. were not exempt under the Immigration Act 1987 from having to hold a residence permit. If a person meeting these requirements requests confirmation of their residence status, an immigration officer must endorse their passport with a residence class visa. [RA4.10]

• Exemption under 1999 Regulations: Certain people were exempt from needing a residence permit under the Immigration Regulations 1999. These people are deemed to hold a resident visa without travel conditions. The exemption may have applied to diplomats, certain officials, or other specified categories. [RA4][RA4.10]

• Former New Zealand citizens: A person who renounces or is deprived of New Zealand citizenship is deemed to hold a resident visa without travel conditions [RA4][RA4.10]. This prevents statelessness and ensures the person has a lawful immigration status in New Zealand after losing citizenship. The person does not need to apply for residence — it is automatic. However, the person's rights are those of a resident visa holder, not a citizen; they are subject to immigration control, may need travel conditions to re-enter New Zealand, and could theoretically become liable for deportation. [RA4] A person who holds a resident visa as a result of renouncing citizenship may apply for a permanent resident visa under RV2.15 without needing to meet the standard commitment criteria in RV2.5 [RV2.15].

• Interaction with confirmation/transfer: A person deemed to hold a residence class visa may need to have that status confirmed or transferred to a current passport (see the residence class visa confirmation and transfer provisions). The deeming provision operates independently of documentation — the status exists whether or not it appears in a passport — but in practice, evidence of the status is needed for travel, employment, and access to services. [RA4]

• No expiry: Deemed residence class visas under RA4 do not expire unless the holder leaves New Zealand without travel conditions (for resident visas) or is subsequently granted a different immigration status. The status continues indefinitely. [RA4]

Citations

• RA4 — Who is deemed to hold a residence class visa
• RA4.1 — Who is deemed to hold a permanent resident visa
• RA4.5 — Who is deemed to hold a resident visa with travel conditions
• RA4.10 — Who is deemed to hold a resident visa without travel conditions
• RV2.15 — Permanent resident visas for residents who have renounced New Zealand citizenship