Resident Visa Travel Conditions

At a glance

Resident visa holders are entitled to stay in New Zealand indefinitely, but their ability to re-enter the country depends on valid travel conditions [RV1.5]. If a resident visa holder leaves New Zealand without valid travel conditions, or those conditions expire while they are outside the country, the resident visa expires [RV1.5]. The resident visa may later be replaced by a permanent resident visa or a subsequent resident visa under certain conditions [RV1.5].

Definition

Travel conditions are the conditions attached to a resident visa that allow the holder to travel to New Zealand and be granted entry permission as a resident [RV1.5]. A resident visa holder or former resident visa holder must have been in New Zealand as a resident to be granted a residence class visa or a variation of travel conditions under the residence instructions [RV1.5].

Application in decisions

When assessing whether a person is entitled to entry permission as a resident, Immigration New Zealand checks that the resident visa has valid travel conditions [RV1.5]. Applications for a permanent resident visa, variation of travel conditions, or a second or subsequent resident visa are processed under the respective sub‑chapters of the residence chapter [RV1.5].

Interpretation & edge cases

A person who has left New Zealand after their travel conditions expired, or who was outside New Zealand when the conditions expired, may apply for a second or subsequent resident visa under RV4.5. This is a separate pathway from a variation of travel conditions or a permanent resident visa application [RV4.5].

Holders of residence visas and residence permits issued or granted under the Immigration Act 1987 are treated as holders of a resident visa for the purposes of these instructions [RV1.5]. Time spent in New Zealand as a holder of a residence permit, or exempt from the need to hold a residence permit under the 1987 Act, counts as time spent in New Zealand as a resident [RV1.5]. Conditions imposed under sections 49(1) or 50 of the Immigration Act 2009 include requirements imposed under section 18A of the Immigration Act 1987 [RV1.5].

Citations

• RV1.5 — Overview
• RV4.5 — Who may apply for a second or subsequent resident visa?