Mass arrival group visa processes

At a glance

Members of a mass arrival group who are recognised as refugees or protected persons may be granted a temporary visa of three years' duration. The type of visa (work, student, or visitor) is discretionary, guided by family circumstances. The visa does not ordinarily include travel conditions. A person may receive this visa only once, but may later change visa type or obtain a short subsequent visa if they continue to hold protection status or have an appeal pending. Before the three-year period expires, the person's refugee or protection status is reviewed by a Refugee and Protection Officer, who may confirm, cease, or cancel that status. [C8.15]

Definition

C8.10 provides temporary visa pathways for members of a mass arrival group (as defined in Mass arrival definition) who have been formally recognised as refugees or protected persons. [C8.10.1]

Initial three-year visa (C8.10.1)

To be granted the initial temporary visa, a person must:

• have had their refugee or protection status determined under C2 and currently be recognised in New Zealand; and
• apply for a work, student, or visitor visa from within New Zealand using the prescribed method (see E4.40, E4.50); and
• meet the health and character requirements of A4 and A5, or obtain a waiver following the instructions at A4.65, A4.70, and A5.45.1. [C8.10.1]

A person may be granted this visa once only, but may later be granted a different type of temporary visa (C8.10.10) or a subsequent temporary visa (C8.10.15). [C8.10.1][C8.10.10][C8.10.15]

Visa types available (C8.10.5)

At the discretion of the immigration officer:

• A work visa may be granted to an individual adult who does not have immediate family in New Zealand, or to one adult in a family group, unless exceptional circumstances justify granting work visas to more than one adult family member. [C8.10.5]
• A student visa may be granted to a child who is of schooling age. [C8.10.5]
• Other people may be granted a type of temporary visa appropriate to their needs and circumstances (e.g., a visitor visa). [C8.10.5]

Temporary visas granted under this instruction are not ordinarily issued with travel conditions. [C8.10.5]

Change of visa type during the three-year period (C8.10.10)

A member of a mass arrival group who already holds a three‑year visa granted under C8.10.1, C8.10.10, or section 61 of the Immigration Act 2009 may apply for a different type of temporary visa. The person must again meet the requirements of C8.10.1 (status, lodgement, health/character). The new visa type is determined in accordance with C8.10.5, and its expiry date will be the same as the currently held visa. [C8.10.10]

Subsequent six‑month visa (C8.10.15)

After the initial three‑year visa, a person may be granted a further temporary visa of six months' duration. To qualify, they must:

• hold, or have held, a three‑year visa granted under C8.10.1 or section 61; and
• be lawfully in New Zealand; and
• meet the application and health/character requirements of C8.10.1(a)(ii) and (iii); and
• either continue to hold refugee or protection status, or have had that status ceased or cancelled after a review (as specified at C6.1.1, C6.1.5, or C8.15) and have lodged an appeal that is still being determined. [C8.10.15]

The type of visa granted under this provision follows the same rules as C8.10.5. [C8.10.15]

Review of refugee or protection status

A member of a mass arrival group who holds refugee or protection status undergoes a mandatory review of that status. The review is conducted by a Refugee and Protection Officer (RPO) in the six months before, or immediately after, the expiry of the total three-year duration of the temporary visa(s) granted under C8.10 or section 61 of the Immigration Act 2009. [C8.15]

Possible outcomes

The RPO may determine that the person's refugee or protection status is: [C8.15]

• confirmed if it is determined that the person has a need for ongoing protection; or
• ceased if the provisions at C6.1.1 (cessation) apply to the person; or
• cancelled if the provisions at C6.1.5 (cancellation) apply to the person. [C8.15]

RPO powers during review

When reviewing a person's refugee or protection status, the RPO, with any necessary modifications, has those powers they would have if processing a refugee or protection status claim. Specifically, the RPO: [C8.15]

• has the powers set out at C4.25 (powers of refugee and protection officers); and
• determines whether the person has a need for ongoing protection under C4.15 and C4.20 (protection of another country); and
• may request further information from the person in the manner specified at C4.40; and
• must follow the requirements at C4.55 if any interviews are needed in the course of the review; and
• unless otherwise specified, may communicate with the person in the manner specified at C4.70. [C8.15]

Cancellation procedures

If the review may result in cancellation of the person's refugee or protection status, the procedures within C6 must be followed, including: [C8.15]

• a notice of intended determination involving cancellation of refugee or protection status as specified at C6.5; and
• the procedure for possible cancellation of refugee or protection status as specified at C6.10; and
• a notice of a decision to cancel a person's refugee or protection status as specified at C6.15. [C8.15]

Single review requirement

The review of refugee or protection status under C8.15 is only required to be completed once for any particular refugee or protected person. However, an RPO retains the ability to cease or cancel the recognition of a person's status at any time under C6.1, regardless of whether a C8.15 review has already occurred. [C8.15]

Application in decisions

Immigration officers must exercise their discretion when selecting the appropriate visa type, with a preference for issuing a work visa to only one adult per family unless exceptional circumstances exist. [C8.10.5] Health and character waivers are available under the standard temporary entry instructions at A4.65, A4.70, and A5.45.1. [C8.10.1]

The three‑year initial visa is granted only once; any subsequent change of type or short‑term extension requires a fresh application and compliance with the applicable criteria. [C8.10.1][C8.10.10][C8.10.15]

Interpretation & edge cases

• The instruction treats family units collectively: the default is one work visa per family, but exceptional circumstances may justify a second. [C8.10.5]
• Travel conditions are not ordinarily granted, meaning recipients cannot leave and re‑enter New Zealand freely. [C8.10.5]
• A person whose refugee or protection status has been cancelled may still be eligible for a six‑month subsequent visa if an appeal is pending; however, once the appeal is resolved unfavourably, the visa pathway ends. [C8.10.15]
• The three‑year period starts from the grant of the first visa under C8.10.1; a change of visa type under C8.10.10 does not extend the overall duration. [C8.10.10]
• Unaccompanied minors are excluded from the mass arrival provisions (see Mass arrival definition), so C8.10 does not apply to them.

Residence class visa process

Eligibility requirements

To apply for a permanent resident visa, a member of a mass arrival group must make the application in the prescribed manner required for refugee and protection status residence applicants (see S3.15 of the residence instructions). [C8.20.1]

Grant criteria

A member of a mass arrival group will be granted a permanent resident visa if they:

• have applied in the prescribed manner (S3.15) [C8.20.5];
• are in New Zealand lawfully [C8.20.5];
• since arriving in New Zealand as a member of a mass arrival group:
  • have been recognised as holding refugee or protected person status [C8.20.5];
  • have held one or more temporary visas under C8.10 or section 61 successfully and without any period of unlawful presence for at least three years since that recognition [C8.20.5];
  • have had their refugee or protected person status reviewed under C8.15 and have retained a current status [C8.20.5].

Exemption for other residence categories

A member of a mass arrival group who is granted a residence class visa under another residence category, other than on the basis of refugee or protected person status, will not be subject to the provisions of C8.10, C8.15, and C8.20. Similarly, a current application under another residence category is not subject to C8.20. [C8.20.10]

Citations

• C8.10 — Temporary visas for refugees and protected people who are members of a mass arrival group
• C8.15 — Review of refugee or protected status of members of a mass arrival group
• C8.20 — Residence class visa processes for refugees and protected people who are members of a mass arrival group
• C8.20.1 — Requirements for members of a mass arrival group to make an application for a permanent resident visa
• C8.20.5 — Requirements for the grant of residence to members of a mass arrival group
• C8.20.10 — Members of a mass arrival group who apply for, or are granted, residence class visas under other categories