Diplomatic, Consular, and Official Staff Visa

At a glance

• This visa is for diplomatic, consular, and official staff and their accompanying dependants who are accorded privileges and immunities under the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, pursuant to the Diplomatic Privileges and Immunity Act 1968 or the Consular Privileges and Immunity Act 1971. [H2]
• Applications must be made at the request of the sending State to the Protocol Division of MFAT or to an immigration officer at an INZ office. [H4]
• All applications must be confirmed by the Protocol Division of the Ministry of Foreign Affairs and Trade (MFAT). [H2]
• MFAT Protocol Division advises on the validity period and the visa type (Diplomatic, Consular, or Official). [H2]
• The visa may allow travel to New Zealand on multiple journeys. [H2]
• Applicants must meet the bona fide applicant requirement, but are exempt from lodgement, fees, prescribed form, funds/sponsorship, onward travel, and health and character requirements. [H4]

How to apply

• Applications must be initiated by the sending State making a request to the Protocol Division of MFAT or to an immigration officer at an INZ office. [H4]
• MFAT Protocol Division assesses the applicant's status and confirms whether the person is for the time being accorded privileges and immunities under the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. [H2]
• MFAT Protocol Division then advises Immigration New Zealand (INZ) on the appropriate validity period and the type of visa to grant — Diplomatic, Consular, or Official. [H2]
• INZ processes the visa based on MFAT's confirmation and advice. [H2]

Application exemptions

Applicants must meet the bona fide applicant requirement as set out at E5, but are exempt from: [H4]

• lodgement requirements;
• providing an application fee and immigration levy;
• providing an application in the prescribed form;
• meeting funds or sponsorship requirements;
• meeting onward travel requirements; and
• health and character requirements.

Information required with the application

Applications must include the following information: [H4]

• full names;
• date and place of birth;
• gender;
• country/countries of citizenship;
• physical address of diplomatic mission or consular post;
• diplomatic designation;
• type, number and expiry of passport (diplomatic/official);
• if applicable, the expected arrival date in New Zealand;
• approximate duration of their assignment in New Zealand;
• if applicable, the name of the person being replaced;
• if applicable, the details of the officially recognised members of the diplomatic, consular or official staff member's family who form part of their household in New Zealand.

Eligibility criteria

• The applicant must be a person who is for the time being accorded privileges and immunities under the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, pursuant to the Diplomatic Privileges and Immunity Act 1968 or the Consular Privileges and Immunity Act 1971. [H2]
• The applicant's status must be confirmed by the Protocol Division of MFAT. [H2]
• Accompanying dependants are also covered by this instruction, subject to MFAT Protocol Division confirmation. [H2]
• The applicant must meet the bona fide applicant requirement as set out at E5. [H4]

Interpretation & edge cases

• Interaction with H1 objective: This visa falls under the special temporary visa instructions, which have the objective of facilitating the movement of persons who will be in New Zealand in a specified official capacity (see Special Temporary Visa Instructions Objective).
• Visa type determination: MFAT Protocol Division, not INZ, determines whether the visa is issued as Diplomatic, Consular, or Official. This classification reflects the nature of the applicant's role and the convention under which they hold privileges and immunities.
• Validity period: MFAT also advises on the appropriate validity period for the visa. Unlike most other temporary visas, diplomatic, consular, official (and military) visas have no legislated maximum length of stay (see Visa system).
• Multiple journeys: The visa may be granted with multiple journey travel conditions, allowing the holder to travel to and from New Zealand without applying for a new visa each time, subject to the visa's validity period.
• Accompanying dependants: The instruction expressly covers accompanying dependants. Their eligibility is contingent on MFAT Protocol Division confirmation of their status alongside the principal applicant.
  • Partners and dependent children are eligible for a special temporary visa upon confirmation from MFAT Protocol Division. [H2.1]
  • Dependent children aged 21 and over are not normally eligible except in their own right, unless MFAT Protocol Division confirms eligibility. [H2.1]
  • Accompanying dependants who wish to work or study must obtain separate approval from MFAT Protocol Division. [H2.1]
  • Accompanying partners or dependent children aged 21 and over undertaking tertiary study may be liable for foreign student fees; they should contact MFAT Protocol Division to determine their domestic student status. [H2.1]
  • Partners and dependent children of diplomatic or consular personnel will be regarded as domestic students (see U3.35) until the end of the calendar year in which the diplomat's or consular official's tour of duty terminates, and they are not required to provide evidence of having paid tuition fees in order to complete the school or academic year. [U8.10]
  • If the diplomatic or consular tour of duty ends during the academic year and the partner or dependent child ceases to hold a special temporary visa (see H2.1), they must obtain a student visa to continue studying. [U8.10]
• Domestic staff exclusion: Domestic staff recruited from overseas to work in diplomatic and consular households do not qualify for a special temporary visa under these instructions. Instead, they must apply for a work visa under the separate instructions for domestic staff of diplomatic, consular, and official staff (see WI4). [H3]
• Exemptions from standard visa requirements: Holders are exempt from visa fees, the Immigration Levy, and the International Visitor Conservation and Tourism Levy (IVL) under the diplomatic and official passport holder provisions (see Fees and levies). Under H4, applicants are also exempt from lodgement requirements, providing an application in the prescribed form, meeting funds or sponsorship requirements, meeting onward travel requirements, and health and character requirements. [H4] Applicants must still meet the bona fide applicant requirement (see E5). [H4]
• Required information: The application must include the 11 items specified in H4, including personal and assignment details and, if applicable, family members who form part of the household. [H4]
• Effective date: The instruction is effective from 29 November 2010.

Citations

• H2 — Diplomatic, Consular, and Official staff, and accompanying dependants
• H2.1 — Accompanying dependants
• H3 — Domestic Staff
• H4 — Applications for visas for diplomatic, consular, and official staff, and their dependants
• U8.10 — Partners and dependent children of diplomatic, consular or official staff