Lapsing a temporary visa application from offshore applicants impacted by COVID-19 border restrictions

At a glance

From 24 June 2021, INZ could lapse (administratively close) any undecided temporary visa application that was lodged before 10 August 2020, where the applicant was either outside New Zealand or had subsequently obtained a critical purpose visa under H5.25.15(c)(ii) (or was the partner or dependent child of such a person). This measure applied unless the application fell within a list of excluded categories. It was introduced to clear the backlog of offshore applications during New Zealand's COVID‑19 border restrictions. [E13]

Definition

Lapsing under this instruction is the closure of an undetermined temporary visa application without a formal decision to grant or refuse. The application is effectively extinguished, and no refusal reasons or reconsideration rights attach. The lapsing power was exercised under section 24 of the Immigration Act 2009 and applies only to applications that were still pending on 30 June 2021. [E13]

Application in decisions

On 30 June 2021, immigration officers assessed all pending applications against the following criteria:

• The application was lodged before 10 August 2020;
• It was not listed in the excluded categories (see below); and
• The applicant was outside New Zealand, or had subsequently been granted a critical purpose visa under H5.25.15(c)(ii), or was the partner or dependent child of such a person. [E13]

Applications that satisfied these conditions were lapsed. The following temporary visa applications were excluded and therefore not lapsed:

1. Applications from a COVID‑19 quarantine‑free travel zone (as defined in regulation 9A of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010) where the applicant notified INZ in writing before 30 June 2021 that they were still in that zone and wanted the application processed;
2. Applications based on a relationship (partner or dependent child) to a New Zealand citizen, residence class visa holder, or temporary visa holder;
3. Work visa applications under: Post‑study work instructions (WD), Work to Residence instructions (WR), Entrepreneur Work Visa Category (BB), or Global Impact Visa Categories (BG2);
4. Work visa applications to arrange the transfer to, and investment of funds in, New Zealand under BJ7.40;
5. Applications based on a relationship (partner or dependent child) to a principal applicant whose temporary visa application is listed in 2, 3, or 4 above. [E13]

Any application made on the basis of an invitation to apply under COVID‑19 Support Restricted Temporary Entry instructions (H5 or H6) could not be lapsed. A decision to lapse a temporary visa made under restricted temporary entry instructions could only be made in accordance with the instructions that were in place at the time the application was made. [E13]

Interpretation & edge cases

• The exclusion for quarantine‑free travel zone applicants was contingent on the applicant having notified INZ of their continued presence before the 30 June 2021 deadline. Without such notification, the application fell within the general lapsing rule. [E13]
• The list of excluded work visa categories was exhaustive: all other work visa types (including other temporary work visas) were subject to lapsing if the criteria were met. [E13]
• Relationship‑based applications were protected whether the supporting New Zealand citizen, resident, or temporary visa holder was in New Zealand or offshore. [E13]
• Lapsing under E13 did not constitute a refusal and therefore did not trigger any obligation to provide reasons or offer reconsideration rights. [E13]
• The measure was effective 24 June 2021 and applied to all undecided applications meeting the criteria as at 30 June 2021, even if an officer had not yet reached a final assessment. [E13]

Citations

• E13 — Lapsing a temporary visa application from an offshore applicant impacted by the effects of COVID 19 related border restrictions