Residence class visa waivers

At a glance

Under RA3.1, a person who is outside New Zealand and wishes to travel to New Zealand and stay indefinitely must hold (or be deemed to hold) a residence class visa, unless they are a New Zealand citizen or a person exempt from the requirement under RA2.5. [RA3.1][RA2.5]

Certain categories of people do not have to obtain a residence class visa before travelling to New Zealand. These are: Commonwealth of Australia citizens; people who hold a current Australian permanent residence visa (including a resident return visa); and people granted a visa waiver by special direction. [RA2.5]

However, people in these categories who are subject to the general non-eligibility provisions of sections 15 or 16 of the Immigration Act 2009 cannot travel or be granted a residence class visa unless they first obtain a special direction authorising them to apply for and be granted a residence class visa. [RA2.5]

Definition

The general requirement under RA3.1 is that a person outside New Zealand wanting to stay indefinitely must hold a residence class visa. The following three categories are exempted from the residence class visa requirement:

1. citizens of the Commonwealth of Australia; [RA2.5]
2. people who hold a current permanent residence visa (including a resident return visa) issued by the Government of Australia; [RA2.5]
3. people who have been granted a visa waiver to travel by special direction (see RA7). [RA2.5]

Note: People in these categories are not eligible to travel to New Zealand without a visa, or to be granted a visa to enter and stay in New Zealand if they fall under sections 15 or 16 of the Immigration Act 2009. They must have a special direction authorising them to apply for and be granted a residence class visa to travel to, enter and stay in New Zealand [S2]. [RA2.5]

Application in decisions

Before considering waivers, an immigration officer must first determine whether a person is a New Zealand citizen (in which case no residence class visa is needed) or falls within one of the exemption categories. [RA3.1]

When a person seeks to travel to New Zealand and claims one of these waiver categories, an immigration officer must first verify the person falls within a listed category. If they do, the residence class visa requirement is waived. However, if the person is subject to the exclusions in sections 15 or 16 of the Immigration Act 2009, the waiver alone is insufficient. In those cases, the person must be the subject of a special direction from the Minister (or delegated decision-maker) authorising the grant of a residence class visa, in accordance with the special directions instructions at S2. [RA2.5]

Interpretation & edge cases

• Australian permanent residents: The waiver only applies if the permanent residence visa is current — an expired or cancelled visa does not confer the benefit. [RA2.5]
• Special direction waivers: A person with a special direction waiver may still need to apply for a residence class visa on arrival, but the waiver means they do not need it before travel. [RA2.5]
• Interaction with excluded persons: Sections 15 and 16 set out categories of persons who are not eligible for a visa or entry permission (such as those with certain criminal convictions or security risks). If a person in a waiver category also falls into one of these excluded categories, the waiver does not override the exclusion; they must obtain a special direction to be granted a residence class visa. [RA2.5]
• No residence class visa required for travel, but entry permission still required: The waiver only concerns the residence class visa; entry permission requirements remain. The person must still apply for entry permission and may be refused. [RA2.5]

Citations

• RA2.5 — People waived from having to obtain a residence class visa to travel to New Zealand
• RA3.1 — Who needs a residence class visa to travel to New Zealand
• S2 — Special directions Instructions