Interim visas

At a glance

An interim visa is a temporary entry class visa granted to onshore applicants who hold a temporary visa and apply for a further temporary visa, maintaining lawful status while the application is decided. It is granted as a matter of absolute discretion, without a separate application or fee, and keeps the applicant lawful until a decision is made or the application is withdrawn. [I1]

The objective and statutory basis for this mechanism are set out in I1.1: to maintain an applicant's lawful status while a further temporary visa application is being determined, as provided by sections 28 and 80 of the Immigration Act 2009. [I1.1] The grant is governed by I1.5, which provides that an interim visa cannot be applied for and may be granted by electronic means. [I1.5]

Definition

Instruction I1 establishes the framework for interim visas. The objective of these instructions, under I1.1, is to maintain lawful status in New Zealand, grounded in Immigration Act 2009 ss 28 and 80. [I1.1]

An interim visa is a temporary entry class visa that: [I1]

• is granted onshore only;
• is granted to a person who is in New Zealand and has either:
  • applied for a further temporary visa on an approved form before their current visa expires, and that visa expires before the application is decided; or
  • applied for a residence class visa under a category that allows an interim visa (see U1.5) before their current visa expires, and that visa expires before the residence application is decided;
• may also be granted to a former student visa holder who held a student visa for full-time study, left New Zealand, and applies offshore for a further student visa within 4 months (or a shorter period set by special direction) of the previous student visa's expiry, in order to travel to New Zealand to resume study.

No separate application is required and no fee is payable. An interim visa is granted by operation of law when the conditions are satisfied, unless an immigration officer determines that the applicant does not meet health or character requirements, or that the further application is incomplete or invalid. In those cases, the officer may not grant an interim visa. [I1]

For temporary visa holders, the specific eligibility requirements are in I1.5. The person must: [I1.5]

• hold a temporary visa; and
• have applied for a further temporary visa; and
• not have been granted an SMC interim visa or a 2021 interim visa; and
• be in New Zealand.

Note: Temporary visa for the purpose of I1.5 includes visitor, student, work, military, diplomatic, consular and official visas. Interim and limited visas are not categorised as temporary visas and do not meet the requirement. [I1.5]

Application in decisions

When an applicant in New Zealand applies for a further temporary visa or a qualifying residence visa, the officer must check whether the applicant's current visa will expire before a decision. If so, and the application is complete and the applicant meets health and character requirements, an interim visa is normally granted; however, the decision remains subject to absolute discretion under I1.5.1. [I1] [I1.5]

If an officer determines an interim visa should not be granted (e.g. incomplete application, health/character issues), the applicant becomes unlawful upon expiry of their current visa and must either leave or seek alternative relief. [I1] Under I1.5.1, the decision is a matter for the absolute discretion of the Minister or immigration officer; no person is entitled to an interim visa as of right, and there is no right of appeal against a refusal. [I1.5]

The expiry date of the interim visa is linked to the further application's outcome: [I1]

[I1.15] Currency and start date. The interim visa starts the day after the current temporary visa expires, unless the further temporary visa application is declined, withdrawn, or approved before that expiry. If the further application is declined or withdrawn before the current visa expires, the interim visa expires immediately (the day of that outcome). If the further application is approved before the current visa expires, the interim visa is cancelled on the start date of the further temporary visa and never takes effect. [I1.15]

Once started, the interim visa's maximum duration is 6 calendar months from its start date. If the further temporary visa application remains under consideration at that point, the interim visa expires at the 6-month mark. If a decision is reached earlier, the duration follows the outcome rules below (approved, declined, or withdrawn). [I1.15]

• If the further application is approved and a subsequent visa is granted, the interim visa expires on the grant of that visa.
• If the further application is declined, the interim visa expires 21 days after the decline date.
• If the further application is withdrawn, the interim visa expires 21 days after the withdrawal.
• If a further interim visa is granted (in the limited circumstances where this is permitted), the earlier interim visa expires on the grant of the new one.

The 21-day period after a decline or withdrawal gives the person time to depart or lodge an appeal.

Conditions

The conditions of the interim visa depend on the visa the applicant held at the time of the further application: [I1]

• If the applicant held a temporary entry class visa (other than an interim visa), the interim visa carries the same conditions as that visa, with some exceptions.
• If the applicant held an interim visa, the conditions of the new interim visa are those that applied to the visa held immediately before that interim visa.
• Special rules apply to work rights:
  • If the visa held was a work visa with employer-specific conditions (e.g. Accredited Employer Work Visa, Essential Skills before 4 July 2022), the interim visa allows work only for the same employer, in the same occupation, and in the same location.
  • If the visa held was an open work visa (e.g. partnership work visa, post-study work visa), the interim visa has open work conditions.
  • If the applicant held a visitor or student visa and applies for a work visa, the interim visa does not provide work rights; it carries visitor conditions.
• Interim visas granted to partners and dependent children of principal applicants generally carry the same conditions as the principal applicant's interim visa, subject to specific policy.

Detailed conditions per visa type (I1.20)

The following table, derived from I1.20, sets out the specific conditions that attach to an interim visa based on the type of visa currently held and the type of visa applied for. [I1.20]

• Visitor visa held, visitor visa applied for → Visitor conditions [I1.20]
• Visitor visa held, work visa applied for → Visitor conditions [I1.20]
• Visitor visa held, student visa applied for → Student (open) conditions [I1.20]
• Student visa held, visitor visa applied for → Visitor conditions [I1.20]
• Student visa held with work conditions, AEWV/Global Workforce Seasonal Visa/Peak Seasonal Visa applied for → Work conditions (with employer-specific AEWV conditions as in I1.20.1(h)) [I1.20]
• Student visa held, work visa applied for (other than above) → Visitor conditions [I1.20]
• Student visa held, student visa applied for → Student (open) conditions [I1.20]
• Work visa held, visitor visa applied for → Visitor conditions [I1.20]
• Work visa held, student visa applied for → Student (open) conditions [I1.20]
• Work visa (any type) held, AEWV/Global Workforce Seasonal Visa/Peak Seasonal Visa applied for → Work conditions (employer-specific AEWV conditions as in I1.20.1(h)) [I1.20]
• Work visa (employer-specific) held, same employer/position/location work visa applied for (where (x) above does not apply) → Same work conditions as currently held [I1.20]
• Work visa (employer-specific) held, different employer/position/location work visa applied for (where (x) does not apply) → Visitor conditions [I1.20]
• Work visa (employer-specific) held, open work visa applied for → Visitor conditions [I1.20]
• Work visa (employer-specific) held, partnership-based work visa applied for → Visitor conditions [I1.20]
• Work visa (partnership) held, partnership work visa applied for → Work (open) conditions [I1.20]
• Work visa (open) held, same type open work visa applied for → Work (open) conditions [I1.20]
• Work visa (open) held, different type open work visa applied for → Visitor conditions [I1.20]
• Work visa (open, not partnership) held, partnership work visa applied for → Visitor conditions [I1.20]
• Military/Diplomatic/Consular/Official visa held, same type applied for → Same conditions as currently held [I1.20]
• Military/Diplomatic/Consular/Official visa held, another temporary entry class visa applied for → Visitor conditions [I1.20]

Where an open work visa is involved, "open work conditions" means work in any occupation, for any employer, in any location. Open student conditions mean study in any programme, at any institution, in any location. [I1.20]

When a student visa holder (with in-study work rights) or any work visa holder applies for an AEWV, Global Workforce Seasonal Visa, or Peak Seasonal Visa, the interim visa may carry work conditions that: [I1.20]

• allow work only for the employer named in the AEWV application;
• allow work only in the occupation specified;
• allow work only in the location specified;
• require pay at or above the specified remuneration level;
• require full-time employment (as defined at WA3.15(d)); and
• prohibit triangular employment arrangements unless the underlying Job Check approved such an arrangement.

Travel conditions are not applied to interim visas. [I1.20]

Variations of conditions on the current visa may be carried forward to an interim visa if the applied-for visa is the same type, except where visitor conditions would apply. A variation of conditions does not apply to an interim visa with visitor conditions, except for guardian-based visitor visas (see V3.100). [I1.20]

Restrictions (I1.20.5)

The holder of an interim visa may not apply for any visa while the interim visa is current. This restriction is based on Immigration Act 2009 ss 71, 79 and 80. [I1.20]

2021 Interim Visa (I2)

The 2021 Interim Visa was a specific type of interim visa available to onshore applicants who lodged an application for the 2021 Resident Visa. [I2] Its purpose was to maintain lawful status while the residence application was assessed, and it was granted automatically to eligible persons. [I2] The objective is formally stated in I2.1: to maintain an applicant's lawful status in New Zealand while their application for a 2021 Resident Visa is being considered, in accordance with Immigration Act 2009 ss 28 and 80, effective from 1 December 2021. [I2.1]

To be eligible, the applicant must have been in New Zealand on 29 September 2021 and held an eligible visa on that date (or have applied for an eligible visa within the specified period), and must have submitted a complete 2021 Resident Visa application. [I2] Additionally, under I2.5, the person must not have applied for a further temporary visa or a Skilled Migrant Category resident visa at the time the 2021 interim visa is granted. [I2.5] The grant of the 2021 Interim Visa was subject to character and health requirements. [I2]

The 2021 interim visa cannot be applied for; it may be granted by electronic means. [I2.5] Note: For the purpose of the temporary visa requirement in I2.5(a)(i), an interim or limited visa is not considered a temporary visa. [I2.5]

Currency (I2.10)

The 2021 interim visa starts the day after the current temporary visa expires, unless the residence application is declined, withdrawn, or approved before that expiry. [I2.10]

Once started, its duration depends on the outcome of the 2021 Resident visa application: [I2.10]

• If the application is approved within 12 calendar months of the start date, the interim visa is cancelled on the start date of the 2021 Resident Visa.
• If the application is declined within 12 calendar months, the interim visa expires 2 calendar months after the date of decline.
• If the application is withdrawn within 12 calendar months, the interim visa expires 2 calendar months after the date of withdrawal.
• If the application is still under consideration at the 12-month mark, the interim visa expires 12 calendar months from its start date.

If the residence application is declined or withdrawn before the applicant's current temporary visa expires, the 2021 interim visa expires on the day of that outcome. If it is approved before the current temporary visa expires, the interim visa is cancelled on the start date of the 2021 Resident Visa. [I2.10]

Conditions (I2.10)

Conditions on the 2021 interim visa mirror the type of temporary visa held at the time of the residence application, as follows: [I2.10]

• Work (open) visa holders receive open work conditions.
• Work (employer-specific) visa holders receive the same work conditions as currently held.
• Student visa holders receive open student conditions and the same work conditions as currently held.
• Visitor visa holders receive the same visitor conditions as currently held.

No travel conditions are applied to the 2021 interim visa. [I2.10]

Restrictions (I2.10)

The holder of a 2021 interim visa may not apply for any visa while the interim visa is current. If the 2021 Resident visa application is declined or withdrawn, the holder cannot apply for any other visa. [I2.10]

This one-off interim visa operated in a similar manner to the standard interim visa under I1 but was separate and had its own expiry rules. [I2]

Automated and manual processing (I2.15)

An automated system may grant a 2021 interim visa to a person who meets the eligibility criteria at I2.5(a), unless any of the following exclusions apply: [I2.15]

• the person has particular alerts or warnings related to character;
• the person has an active appeal;
• the person is liable for deportation;
• the person has an open case with the Deputy Chief Executive or the Minister;
• the person is a student funded through the Ministry of Foreign Affairs and Trade or the New Zealand scholarship programme;
• the person has compliance action underway; or
• the person holds a visa granted because the Immigration and Protection Tribunal has ordered the grant of the visa under section 210 or 216 of the Immigration Act 2009.

If any of those exclusions apply, an immigration officer may carry out a manual assessment to decide whether to grant a 2021 interim visa. [I2.15]

An automated system may also grant an interim visa under section 61 of the Immigration Act 2009 (using the same criteria as above) in cases where: [I2.15]

• the associated 2021 Resident Visa application is received at an INZ branch while the person holds a current temporary visa;
• that temporary visa subsequently expires; and
• the 2021 Resident Visa application is then accepted for processing.

SMC Interim Visa (I3)

The Skilled Migrant Category interim visa is established under I3 of the Operational Manual. The objective of this interim visa, set out in I3.1, is to maintain an applicant's lawful status in New Zealand while their application for a Skilled Migrant Category resident visa is being considered, in accordance with Immigration Act 2009 ss 28 and 80. [I3] [I3.1]

For the purposes of the SMC interim visa instructions, 'Skilled Migrant Category' means the instructions set out at SR3. [I3.1]

The SMC interim visa operates in a similar manner to the 2021 Interim Visa but applies specifically to applicants for a resident visa under the Skilled Migrant Category. [I3]

Automated and manual processing (I3.5)

An automated system may grant an SMC interim visa to a person who meets the eligibility criteria, unless any of the following exclusions apply: [I3.5]

• the person has particular alerts or warnings related to character;
• the person has an active appeal;
• the person is liable for deportation;
• the person has an open case with the Deputy Secretary of Immigration New Zealand or the Minister;
• the person is a student funded through the Ministry of Foreign Affairs and Trade or the New Zealand scholarship programme;
• the person has compliance action underway; or
• the person holds a visa that has been granted because the Immigration and Protection Tribunal has ordered the grant of the visa under either section 210 or 216 of the Immigration Act 2009.

In cases where any exclusion applies, a manual assessment may be carried out by an immigration officer to determine whether an SMC interim visa will be granted. [I3.5]

An automated system may also grant an interim visa under section 61 of the Immigration Act 2009 using the same criteria, provided that the associated SMC resident visa application is received at an Immigration New Zealand branch while the person holds a current temporary visa, the temporary visa subsequently expires, and the SMC resident visa application is then accepted for processing. [I3.5]

Grant of an SMC interim visa (I3.10)

An SMC interim visa may be granted to a person who: [I3.10]

• holds a temporary visa; and
• has applied for a Skilled Migrant Category resident visa under SR3 instructions; and
• has not applied for a further temporary visa at the time the SMC interim visa is granted; and
• has not been granted a 2021 interim visa; and
• is in New Zealand.

The SMC interim visa cannot be applied for. It may be granted by electronic means. [I3.10]

For the avoidance of doubt, a person who applied for a Skilled Migrant Category resident visa under the old SM instructions (now revoked) does not meet the requirement in I3.10(a)(ii) for the grant of an SMC interim visa. [I3.10]

Additionally, interim and limited visas are not temporary visas and do not satisfy the temporary visa requirement at I3.10(a)(i). [I3.10] Persons who make an expression of interest for the SMC under SM instructions will not be granted an SMC interim visa. [I3.10]

The decision to grant an SMC interim visa is a matter of absolute discretion. No person is entitled to an SMC interim visa as a matter of right, and there is no right of appeal against a decision not to grant one. [I3.10]

Currency and conditions of SMC interim visas (I3.15)

[I3.15 Currency and conditions] The SMC interim visa's start date is the day after the current temporary visa expires, unless the SMC resident visa application is declined, withdrawn, or approved before that expiry. If the application is declined or withdrawn before the current visa expires, the interim visa expires on that day and never takes effect; if approved before the current visa expires, the interim visa is cancelled on the start date of the resident visa and never takes effect. [I3.15]

Once started, the duration depends on the outcome of the SMC resident visa application: [I3.15]

• Approved within 24 calendar months of start: cancelled on the start date of the SMC resident visa.
• Declined within 24 calendar months: expires 2 calendar months after the decline date.
• Withdrawn within 24 calendar months: expires 2 calendar months after the withdrawal date.
• Still under consideration at 24‑month mark: expires 24 calendar months from the start date.

Conditions are determined by the type of temporary visa held at the time of the SMC application: [I3.15]

Visa held	Conditions on SMC interim visa
Work (open)	Open work conditions
Work (partnership)	Open work conditions (work (partnership) defined at I1.20)
Work (employer‑specific)	Same work conditions as currently held (same employer, occupation, location)
Student (open)	Open student conditions; plus same work conditions as current if aged 17 or younger; or work up to 25 hrs/week and full‑time during vacations if 18+
Visitor	Same visitor conditions if aged 19+; open student conditions if aged 18 or younger

Open student conditions allow study in any programme, at any institution, anywhere in New Zealand, without having to meet E3.20 progress or attendance requirements. [I3.15]

Restrictions [I3.15]: The holder of an SMC interim visa may not apply for any visa while the interim visa is current. If the SMC resident visa application is declined or withdrawn, they cannot apply for any other visa. These restrictions are based on Immigration Act 2009 ss 71, 79, and 80.

Interpretation & edge cases

• An interim visa is never granted with travel conditions unless the offshore student scenario applies. Holders of an interim visa who leave New Zealand do so knowing they cannot return on the interim visa. [I1]
• If a further application is lodged but the current visa still has time remaining, an interim visa does not arise until that visa expires. The act of applying does not itself generate an interim visa. [I1]
• Where a person holds an interim visa and applies for a further visa (a "further interim visa"), this is only permitted in limited circumstances, such as when the first interim visa was granted following a student visa application and the person then applies for a work visa or another student visa. In all other cases, only one interim visa per further application is possible. [I1]
• An immigration officer may decide not to grant an interim visa if satisfied the applicant does not meet health or character requirements, or the application is incomplete. This is a discretionary power; typically, an interim visa is automatic. [I1]
• The grant of an interim visa is a matter of absolute discretion; applicants have no entitlement of right, and no right of appeal against a refusal. [I1.5]
• The 21-day post-decision period is a grace period for departure; working or studying during that period is permitted only if consistent with the conditions of the interim visa that was in effect. [I1]
• The SMC interim visa has a maximum duration of 24 calendar months, unlike the standard 6‑month interim visa. If the SMC resident visa application is still pending after 24 months from the start date, the interim visa will expire at that 24‑month point. [I3.15]
• If the SMC resident visa application is declined or withdrawn before the applicant's current temporary visa expires, the SMC interim visa expires immediately on the date of that outcome and never takes effect. Similarly, if the application is approved before the current visa expires, the interim visa is cancelled and never takes effect. [I3.15]
• The conditions of the SMC interim visa are tied to the type of temporary visa held at the time of the SMC application, with open work conditions for open work visa holders (including partnership‑based), employer‑specific conditions for employer‑specific work visas, and tailored study/work conditions for student visa holders. [I3.15]
• An SMC interim visa holder cannot apply for any other visa while the interim visa is current, and if the SMC resident visa application is declined or withdrawn, the former holder is unable to apply for any visa thereafter. [I3.15]
• The automated interim visa grant under I1.10 operates separately from the normal automatic grant framework in I1.5. When an automated system is used, the decision is treated as a decision of an immigration officer, and the same exclusions that prevent automated granting also trigger a manual assessment. [I1.10]
• The interim visa is discussed in Visa system as one of the temporary entry class visa types, and its study-related conditions are elaborated in Study visa conditions. It also serves as the primary mechanism that preserves Lawful status during processing of a further visa.

Citations

• I1 — Interim Visas
• I1.1 — Objective
• I1.5 — Grant of an interim visa
• I1.10 — Automated and manual processing of interim visas
• I1.15 — Currency of interim visas
• I1.20 — Conditions and restrictions of interim visas
• I2 — 2021 Interim Visa
• I2.1 — Objective
• I2.5 — Grant of a 2021 Interim Visa
• I2.10 — Currency and conditions of 2021 interim visas
• I2.15 — Automated and manual processing of 2021 interim visas
• I3 — Skilled Migrant Category interim visa
• I3.1 — Objective
• I3.5 — Automated and manual processing of SMC interim visa
• I3.10 — Grant of an SMC interim visa
• I3.15 — Currency and conditions of an SMC interim visa