Afghan Emergency Resettlement Category

At a glance

The Afghan Emergency Resettlement Category provides a time-limited humanitarian residence pathway for Afghan citizens who were evacuated from Afghanistan to New Zealand following the Taliban takeover in August 2021. [S4.35.1] Once in New Zealand, those evacuated may apply for a permanent resident visa under this category. [S4.35.5]

Applications must have been lodged on or before 12 December 2022. [S4.35.10] Successful applicants are granted a permanent resident visa. [S4.35.20]

How to apply

Applications for residence under the Afghan Emergency Resettlement Category must be made in the prescribed manner (see R2). [S4.35.10]

Applicants are not required to provide a medical certificate as part of their visa application. [S4.35.10] Applicants are not required to provide a police or similar certificate where they are unable to obtain the document. [S4.35.10]

Applications must be lodged on or before 12 December 2022. [S4.35.10] The Minister of Immigration has waived other lodgement requirements for certain applicants by special direction. [S4.35.10]

Eligibility criteria

An Afghan Emergency Resettlement Category permanent resident visa may be granted if an immigration officer is satisfied that the applicant [S4.35.15]:

• is a citizen of Afghanistan; and
• was in Afghanistan on 15 August 2021 (unless they held a Critical Purpose Visitor Visa granted by the Associate Minister of Immigration between 8 November 2021 and 15 March 2022); and
• entered New Zealand on or after 16 August 2021; and
• is in New Zealand at the time the visa application is lodged; and
• lodged the application on or before 12 December 2022; and
• meets one of the qualifying entry criteria below; and
• meets health and character requirements for residence (see A4 and A5). [S4.35.15]

Qualifying entry criteria

The applicant must have met one of the following when they entered New Zealand [S4.35.15]:

1. They held a Critical Purpose Visitor Visa granted after a relevant New Zealand Government agency verified that the person met defined resettlement criteria agreed by Cabinet.
2. They held a Critical Purpose Visitor Visa granted because they were the partner or dependent child of a person described in (1).
3. They held a Critical Purpose Visitor Visa granted between 15 August 2021 and 12 September 2021 (inclusive).
4. They travelled to New Zealand by air (including evacuation flights) before 12 September 2021 and held a valid visa when they entered.
5. They held a Critical Purpose Visitor Visa granted by the Associate Minister of Immigration between 8 November 2021 and 15 March 2022 (inclusive). [S4.35.15]

Partners and dependent children

A partner included in the application must meet the eligibility criteria in S4.35.15(a) but does not need to meet the requirements in R2.1.15 (partnership requirements for inclusion). [S4.35.15]

A dependent child included in the application must meet the eligibility criteria in S4.35.15(a) but does not need to meet the requirements in R2.1.27 to R2.1.55 (dependent child criteria). [S4.35.15]

Permanent resident visa grant

Successful applicants under the Afghan Emergency Resettlement Category are granted a permanent resident visa. [S4.35.20] A person who already held a resident visa when they entered New Zealand is also eligible to be granted a permanent resident visa under RV2.17 if they meet the S4.35.15 requirements. [S4.35.15]

Interpretation & edge cases

Defined resettlement criteria

To meet the defined resettlement criteria, a New Zealand Government agency had to verify to the Ministry of Foreign Affairs and Trade that the Afghan national had helped a New Zealand Government agency in Afghanistan, there were reasonable grounds to believe their safety or well-being (or that of their immediate family) had been put at risk by their association with New Zealand in Afghanistan, and no other country bore a greater responsibility for their welfare. [S4.35.15] After verification, Immigration New Zealand granted a Critical Purpose Visitor Visa to the person (and their partner and dependent children where applicable) to travel to New Zealand. [S4.35.15]

Exception to the "in Afghanistan on 15 August 2021" requirement

Applicants who held a Critical Purpose Visitor Visa granted by the Associate Minister of Immigration between 8 November 2021 and 15 March 2022 are not required to have been in Afghanistan on 15 August 2021. [S4.35.15]

Application deadline

The deadline of 12 December 2022 is strict. Applications lodged after this date cannot be accepted under this category. [S4.35.10]

Medical and police certificate waivers

The waivers of medical and police certificates reduce the documentary burden on applicants who may have fled Afghanistan urgently and lack access to these documents. [S4.35.10] Immigration officers may still request health or character information through other means where concerns arise.

Status after grant

Successful applicants receive a permanent resident visa immediately, rather than a resident visa. [S4.35.20] This is a significant benefit compared to most other residence categories, where a resident visa is granted first and a permanent resident visa requires a separate application after meeting commitment criteria. For the PRV pathway available to Afghan Emergency Resettlement Category residents, see the Permanent Resident Visa page.

Citations

• S4.35 — Afghan Emergency Resettlement Category
• S4.35.1 — Objective
• S4.35.5 — Overview
• S4.35.10 — Making an application
• S4.35.15 — Determining an Afghan Emergency Resettlement Category permanent resident visa application
• S4.35.20 — Grant of a permanent resident visa