2022 Special Ukraine Visa

At a glance

The 2022 Special Ukraine Visa allows Ukrainian nationals and their immediate family to come to New Zealand. The initial visa follows a two-stage process: a New Zealand Supporting Family Member submits an Expression of Interest, and an immigration officer may then invite the nominated family member(s), their partner, and dependent children to apply [H8.5].

The subsequent 2022 Special Ukraine Visa lets existing 2022 Special Ukraine Visa holders stay lawfully in New Zealand while Immigration New Zealand processes their Ukraine Resident Visa application, or to extend their stay temporarily [H8.1].

It is a restricted temporary entry instruction – immigration officers must decide the application using the rules that were in force at the time the application was made, and they cannot grant the visa outside those rules [H8.1].

How to apply

Initial visa — Expression of Interest and Invitation to Apply

• A New Zealand Supporting Family Member (see [H8.17]) submits an Expression of Interest using an approved INZ form [H8.5].
• The Supporting Family Member must confirm that the nominated family member(s) agree to the Expression of Interest being made on their behalf [H8.5].
• The Expression of Interest must have been submitted:
  • on or before 15 March 2024, or
  • by a person who already holds a 2022 Special Ukraine Visa and is in New Zealand [H8.5].
• An immigration officer may then issue an Invitation to Apply to the nominated family member(s), their partner, and any dependent children if all eligibility checks are met [H8.5].
• Applying after invitation
  • Only persons who receive an Invitation to Apply may make an application for the visa [H8.10].
  • The application must be made within 4 months of the date of the Invitation to Apply [H8.10].
  • Each person applies in their own right [H8.10].
  • Applications must be submitted using the approved form to an immigration officer [H8.10].
  • The Nominated Family Member and their partner and/or dependent children may apply together on the same form [H8.10].

Subsequent visa

• The applicant must be in New Zealand and already hold a valid 2022 Special Ukraine Visa [H8.1].
• The application is made to Immigration New Zealand before the current visa expires.
• The application must indicate the reason the holder needs to remain: a pending Ukraine Resident Visa assessment, or a temporary extension of stay [H8.1].

Eligibility criteria

Initial visa — invitation conditions

An immigration officer may invite the Nominated Family Member to apply if satisfied that:

1. The Expression of Interest was submitted by the Supporting Family Member on their behalf [H8.5].
2. The designated New Zealand sponsor appears to meet the sponsorship requirements at [H8.20] [H8.5].
3. The Supporting Family Member has declared the Nominated Family Member was ordinarily resident in Ukraine as at January 2022 (see [H8.15]) [H8.5].
4. The Nominated Family Member appears to meet the family relationship requirements at [H8.17.5] [H8.5].
5. The available information does not indicate any health or character issues that would prevent the grant of a visa [H8.5].

Supporting Family Member requirements The Supporting Family Member must be a person who [H8.17]:

• is ordinarily resident in New Zealand (see definition below);
• is a New Zealand citizen or holds a current residence class visa;
• was born in Ukraine, or is a citizen, was a citizen, or is a permanent resident of Ukraine; or
• has a parent or grandparent who meets the above Ukrainian connection.

The officer must also be satisfied that the Nominated Family Member falls within one of the following family relationship categories to the Supporting Family Member [H8.17.5]:

• parent (including biological/adoptive parent or a partner of a parent who lived with the sponsor for a predominant period of childhood up to age 18)
• grandparent
• sibling
• adult child
• aunt or uncle
• niece or nephew
• grandchild
• first cousin
• step-sibling

For the categories of aunt/uncle, niece/nephew, grandchild, first cousin, and step-sibling, the Nominated Family Member must also be an adult who has lived with the Supporting Family Member's family unit for a substantial period [H8.17.5].

Ordinarily resident: For the purposes of this visa, a person is 'ordinarily resident' in New Zealand if an immigration officer is satisfied that New Zealand is their primary place of established residence [H8.17.10].

Sponsorship requirements
The designated New Zealand sponsor must meet the sponsorship requirements at [H8.20]. The sponsor may be:

• the Supporting Family Member; or
• another natural person, organisation, or government agency nominated by the Supporting Family Member [H8.20].

The sponsor must be an acceptable sponsor as defined in E6.5 [H8.20], and must agree to the sponsorship undertakings set out in E6.15 [H8.20]. For further details on the sponsorship framework, see Sponsorship for temporary entry.

An immigration officer may invite the partner of the Nominated Family Member if satisfied that:

1. The partner appears to meet partnership requirements at [E4.1.20] [H8.5].
2. No health or character issues are indicated [H8.5].
3. The Nominated Family Member has been, or is being, invited to apply [H8.5].

An immigration officer may invite the dependent child of the Nominated Family Member if satisfied that:

1. The child appears to meet the definition of a dependent child at [R2.1.30] [H8.5].
2. No health or character issues are indicated [H8.5].
3. The Nominated Family Member has been, or is being, invited to apply [H8.5].

Initial visa — determination of application (grant criteria)

When an immigration officer determines an application for a 2022 Special Ukraine Visa after an Invitation to Apply has been issued, the following must be established for each applicant type [H8.15].

Nominated Family Member (principal applicant) must satisfy the officer that they:

• meet the health requirements under the special health standard (see below) [H8.15];
• meet character requirements for temporary entry (A5) [H8.15];
• are sponsored by an acceptable New Zealand sponsor (H8.20) [H8.15];
• have been nominated by a Supporting Family Member (H8.17) [H8.15];
• were ordinarily resident in Ukraine as at January 2022 [H8.15];
• meet family relationship requirements [H8.15];
• both they and their New Zealand sponsor are listed in the Invitation to Apply letter [H8.15]; and
• are in New Zealand and hold a 2022 Special Ukraine Visa, or had made an Expression of Interest under these instructions on or before 15 March 2024 where that Expression of Interest was yet to be determined or had not yet been issued an invitation to apply [H8.15].

Partner of a Nominated Family Member must satisfy the officer that:

• the partner and the Nominated Family Member meet partnership requirements (E4.1.20) [H8.15];
• the partner meets the same health requirements [H8.15];
• the partner meets character requirements for temporary entry (A5) [H8.15];
• the Nominated Family Member is granted a 2022 Special Ukraine Visa [H8.15]; and
• the partner was listed on the Nominated Family Member's Invitation to Apply letter [H8.15].

Dependent child of a Nominated Family Member must satisfy the officer that:

• the child meets the definition of a dependent child (R2.1.30) and, if under 16, the custody requirements at E4.1.15 [H8.15];
• the child meets the health requirements [H8.15];
• the child meets character requirements for temporary entry (A5) [H8.15];
• the Nominated Family Member is granted a 2022 Special Ukraine Visa [H8.15]; and
• the child was listed on the Nominated Family Member's Invitation to Apply letter [H8.15].

Special health standard
Despite the general acceptable standard of health for temporary entry (A4.15), an applicant for a 2022 Special Ukraine Visa is considered to have an acceptable standard of health unless they:

• require dialysis treatment (or an INZ medical assessor indicates they will require it within five years of assessment) [H8.15];
• have severe haemophilia [H8.15];
• have a physical, intellectual, cognitive and/or sensory incapacity requiring full-time care, including care in the community [H8.15];
• currently have tuberculosis (TB) of any form and have not completed full treatment as outlined in New Zealand TB treatment guidelines [H8.15]; or
• have a history, diagnostic findings or treatment for multidrug-resistant (MDR) or extensively drug-resistant (XDR) TB, unless cleared by a New Zealand Respiratory or Infectious Diseases specialist [H8.15].

Applicants do not need to provide a medical certificate, chest x-ray, or police certificates [H8.15].

No 'bona fide' assessment
Despite the processing rules at E7.1 and E7.10, applicants do not need to meet the 'bona fide applicant' requirements in E5.10 [H8.15].

Priority processing
Applications under these instructions will be given priority processing [H8.15].

Subsequent visa

An applicant must meet all of the following:

• Hold an existing 2022 Special Ukraine Visa – the visa must be current at the time the subsequent application is lodged [H8.1].
• Be in New Zealand – the visa is granted only to holders who are physically in New Zealand [H8.1].
• Have a lawful reason to remain – either the applicant has submitted an application for a Ukraine Resident Visa that is still being assessed, or they need a temporary extension of their stay [H8.1].

Interpretation & edge cases

Initial visa

• Two-stage single process – The application cannot be made directly by the person seeking the visa; it must begin with an Expression of Interest from the Supporting Family Member. Only after an Invitation to Apply is issued can the Nominated Family Member and other eligible family submit an application [H8.5].
• 4-month deadline – An Invitation to Apply is valid for 4 months; applications lodged after that period are not accepted [H8.10].
• Deadline or existing holder – An invitation will be issued only if the Expression of Interest was made by the 15 March 2024 deadline or by an existing 2022 Special Ukraine Visa holder currently in New Zealand. Late Expressions of Interest from new sponsors are not accepted [H8.5].
• Sponsorship and relationship checks – Immigration officers must be satisfied that all sponsorship, family relationship, and residency conditions are met before issuing an invitation. Standard health and character concerns can prevent an invitation [H8.5].
• Health, character, and bona fide waivers – The visa uses a severely restricted health standard that excludes only a narrow set of serious conditions; there is no requirement for medical certificates, chest x-rays, or police certificates, and there is no 'bona fide' assessment. [H8.15]
• Priority processing – Applications are prioritised. [H8.15]
• Family grant condition – The Nominated Family Member must be granted the visa before a partner or dependent child can be granted; the tie to the principal applicant is explicit. [H8.15]

Subsequent visa

• Restricted entry instruction – Because this is a restricted temporary entry instruction, an immigration officer cannot grant the visa as an exception or use discretion outside the published instructions. All decisions must follow the version of the instructions that applied when the visa application was made [H8.1].
• Subsequent visa – This is an extension or replacement visa for people who already hold a 2022 Special Ukraine Visa, not a first-time visa for new arrivals [H8.1].
• No other criteria – The objective does not set additional health, character, or financial requirements. However, the full H8 chapter may contain further conditions; if those exist, they must be satisfied as part of the restricted entry instructions [H8.1].

Visa currency and conditions

Visas granted under the 2022 Special Ukraine Visa instructions carry the following standard currency and conditions [H8.25]:

• Duration and travel – The visa allows a stay of 2 years from the date of decision (if granted onshore) or from the date of first arrival in New Zealand (if granted offshore). Multiple-entry travel conditions attach, permitting travel in and out of the country. If granted offshore, the traveller must make their first entry within 12 months of the visa being granted [H8.25].
• Age-based visa types and conditions
  Applicants aged 15 or younger are granted a student visa with open student conditions. Those aged 16, 17 or 18 are granted a work visa with open study conditions. Applicants aged 19 and older are granted a work visa with open work conditions [H8.25].
• Overriding E3.10(a) – The 2-year stay period described above applies despite the general currency rule in E3.10(a) [H8.25].
• Public health compliance – The visa is subject to the condition that the holder must comply with any order made under section 11 of the COVID-19 Public Health Response Act 2020, any order under section 70 of the Health Act 1956 that is listed in schedule 2 of that Act, and any instruction from a Medical Officer of Health relating to a notifiable or quarantinable disease [H8.25].
• Sponsorship undertaking – The visa is also conditional on the New Zealand sponsor meeting their obligations under E6.15 for the full duration of the visa [H8.25].

Citations

• H8.1 — Objective
• H8.5 — Expression of Interest and Invitation to Apply
• H8.10 — Making an application for a 2022 Special Ukraine Visa
• H8.15 — Determining an application for a 2022 Special Ukraine Visa
• H8.17 — Requirements of a Supporting Family Member
• H8.20 — Sponsorship Requirements
• E4.1.20 — Who may be included in an application
• R2.1.30 — Who may be included in an application
• A5 — Character requirements
• A4.15 — Acceptable standard of health (applicants for temporary entry class visas)
• E7.1 — Processing an application
• E7.10 — Considering an application
• E5.10 — Determining whether an applicant is a 'bona fide applicant'
• E4.1.15 — Who may be included in an application
• H8.25 — Currency and conditions of 2022 Special Ukraine Visas