Second or Subsequent Resident Visa

At a glance

A second or subsequent resident visa is a residence class visa that may be granted to a person whose previous resident visa has expired because travel conditions lapsed. The determination centres on whether, on the date the previous resident visa expired, the principal applicant would have qualified for a variation of travel conditions or a permanent resident visa, and whether those travel conditions would still be in effect on the date the new application is made. [RV4.10]

How to apply

Applications must be made in the prescribed manner and supported by evidence that demonstrates the applicant meets the determination criteria set out below.

Eligibility criteria

An applicant for a second or subsequent resident visa may be granted the visa if any one of the following is satisfied [RV4.10]:

1. Variation pathway – the principal applicant would have met the criteria to be granted a variation of travel conditions under RV3.5 (12‑month variation), RV3.10 (14‑day variation) or RV3.15 (variation for investment‑conditioned visa holders) had they applied on the date the current applicant's resident visa expired, and those travel conditions would still be valid on the date the application for a second or subsequent resident visa is made. [RV4.10]

2. Permanent resident visa pathway – the principal applicant would have met the criteria to be granted a permanent resident visa had they applied for it on the date the current applicant's resident visa expired, and that date was less than 24 months before the date the application for a second or subsequent resident visa is made. [RV4.10]

3. Special provisions pathway – the principal applicant meets the criteria for one of the special provisions for a second or subsequent resident visa (contained in RV4.20). [RV4.10]

Non‑principal applicants: A non‑principal applicant may be assessed independently of the principal applicant if the provisions of RV1.20.1 to RV1.20.20 apply. [RV4.10]

Character requirements: All applicants must meet character requirements for residence. [RV4.10]

Mandatory refusal grounds: An application must be declined if:

• it falls under any of the criteria set out in RV1.25; or [RV4.10]
• the applicant has failed to meet any conditions imposed under section 49(1) or section 50 of the Immigration Act 2009, regardless of whether they otherwise meet the eligibility criteria for a second or subsequent resident visa. [RV4.10]

Special provisions (RV4.20)

Partners of New Zealand citizens (RV4.20.1)

A partner of a New Zealand citizen may be granted a second or subsequent resident visa with 24 months of multiple entry travel conditions if:

• the New Zealand partner supports the application in writing; and
• the applicant’s resident visa was obtained on the basis of their partnership with the same New Zealand citizen and the partnership is ongoing; or an immigration officer is satisfied that the applicant has been living with the New Zealand citizen in a genuine and stable relationship for at least one year at the time of application. [RV4.20.1]

Dependent children included in that partner's residence class visa application may also be granted a second or subsequent resident visa with 24-month travel conditions, equivalent to the partner's visa. [RV4.20.1]

An immigration officer may request additional evidence (including by interview) that the relationship is ongoing, genuine, and stable. [RV4.20.1]

Former resident visa holders seconded overseas as part of New Zealand employment (RV4.20.5)

A former resident visa holder seconded overseas as part of New Zealand employment may be granted a second or subsequent resident visa if:

• the principal applicant would have met the criteria to be granted a variation of travel conditions under RV3.20.10 on the date their resident visa expired; and
• the principal applicant meets those criteria at the time the application for a second or subsequent resident visa is made; and
• the resident visa expired less than 24 months before the application for the second or subsequent resident visa. [RV4.20.5]

Multiple entry travel conditions on a visa granted under this provision must be valid until 24 months from the date the resident visa expired. [RV4.20.5]

Partners and dependent children may be granted a second or subsequent resident visa with travel conditions for a period equivalent to that of the principal applicant, provided the immigration officer is satisfied that the relationship is genuine and ongoing. [RV4.20.5]

Filipino dairy workers who provided false documents and hold a South Island Contribution resident visa (RV4.20.10)

This provision applies to Philippine nationals who simultaneously:

• are subject to A5.25(i) because an immigration officer has established that, on the balance of probabilities, they provided false, misleading or forged information about their work experience in a visa application;
• held an Essential Skills work visa to work on a dairy farm before 1 September 2015;
• were granted a South Island Contribution resident visa based on dairy farm employment; and
• are now applying for a second or subsequent resident visa. [RV4.20.10]

Despite the character requirement in RV4.10(c), such an applicant may still be granted a second or subsequent resident visa if:

• they have not withheld information or provided further false, misleading or forged information since the grant of the South Island Contribution resident visa; and
• they meet all other criteria for the grant of a second or subsequent resident visa, except that they remain subject to A5.25(i). [RV4.20.10]

Visa conditions

Any conditions (except travel conditions) imposed under section 49(1) or section 50 of the Immigration Act 2009 on the applicant's expired resident visa must be replicated on the second or subsequent resident visa granted. These conditions remain valid until the same date as on the previous resident visa. [RV4.15]

Multiple entry travel conditions granted on a second or subsequent resident visa must be valid for the longest of the following periods: [RV4.15]

• the date the variation of travel conditions would have been valid to, had the principal applicant applied for one on the date the current applicant's resident visa expired; or
• 24 months from the date the current applicant's resident visa expired, if the principal applicant was eligible for a permanent resident visa on that day; or
• the duration specified by special provisions for the grant of a second or subsequent resident visa set out at RV4.20.

Interpretation & edge cases

Temporal nexus – variation pathway: The test is retrospective: INZ asks whether the principal applicant would have been granted a variation of travel conditions on the day the previous resident visa expired, and whether those travel conditions would still be effective on the day the new application is lodged. For example, if the previous visa expired more than 12 months before the new application, a 12‑month variation would not still be valid, so pathway 1 cannot succeed unless a 24‑month variation under RV3.15 applies and would remain valid. [RV4.10]

Temporal nexus – permanent resident pathway: The applicant must have met the PRV criteria on the date the previous resident visa expired, and that date must be less than 24 months before the current application. This effectively limits the window in which a PRV‑equivalent assessment remains a valid basis for a second or subsequent resident visa. [RV4.10]

Non‑principal applicants: Even if the principal applicant cannot satisfy any of the pathways, a non‑principal applicant may still qualify under the independent assessment provisions. Practitioners should consider whether the non‑principal applicant meets the relationship breakdown, violence, death, or citizenship criteria that allow standalone consideration. [RV4.10]

Failure to meet conditions: If the applicant previously held a resident visa subject to investment or other conditions and those conditions were breached, the application is declined irrespective of any other satisfaction of the pathways. This is a strict bar. [RV4.10]

Citations

• RV4.10 — Determining an application for a second or subsequent resident visa
• RV4.15 — Conditions imposed on a second or subsequent resident visa
• RV4.20 — Special provisions for the grant of a second or subsequent resident visa
• RV4.20.1 — Partners of New Zealand citizens
• RV4.20.5 — Former resident visa holders seconded overseas as part of their New Zealand employment
• RV4.20.10 — Filipino dairy workers who have provided false documents and hold a South Island Contribution resident visa