Travel conditions on resident visas

At a glance

Resident visas normally carry travel conditions allowing first entry by a specific date (if the applicant is offshore) and multiple entries for a set period from the first day the holder becomes a resident. The length of the multiple-entry travel conditions depends on the residence category under which the visa was granted. [R5.66] When those travel conditions expire, the holder may apply for a variation of travel conditions under RV3. [R5.66.5][RV3.1]

Definition

Travel conditions are the conditions attached to a resident visa that authorise the holder to travel to New Zealand and to be granted entry permission. R5.66 sets the default first entry and multiple entry travel conditions, with exceptions for certain schemes. [R5.66]

First entry travel conditions (R5.66.1)

When a resident visa is granted to an applicant who is offshore at the time, the following first entry conditions apply: [R5.66.1]

• Unless the visa is granted under the Samoan Quota Scheme or the Pacific Access Category, the holder must first enter New Zealand within one year of the visa grant. [R5.66.1]
• If the visa is granted under the Samoan Quota Scheme or the Pacific Access Category, the holder must first enter within three months of the visa grant. [R5.66.1]

No variation of the first entry travel condition may be granted. [R5.66.1]

If a resident visa holder fails to travel to New Zealand within the validity of the first entry condition, they must submit a further application for a residence class visa if they still wish to live in New Zealand. Any new application is assessed against the residence instructions in force at the time. [R5.66.1]

• Applicants under categories that require selection from a ballot (e.g. Samoan Quota, Pacific Access Category) must re-register for a ballot and submit a new application if successful. [R5.66.1]
• Applicants under categories that require an invitation to apply (e.g. Skilled Migrant Category) must submit a new Expression of Interest and subsequently be invited to apply. [R5.66.1]

The resident visa will be granted only if the applicant's travel document is current for the proposed currency of the initial travel conditions. [R5.66.1]

Multiple entry travel conditions (R5.66.5)

A resident visa may be granted with travel conditions allowing multiple entries. The standard period is two years from the applicant's first day in New Zealand as a resident, except for the following categories: [R5.66.5]

• Parent Category — multiple entry travel conditions for ten years. [R5.66.5]
• Religious Worker — multiple entry travel conditions for five years. [R5.66.5]
• Active Investor Plus (Growth Category) — multiple entry travel conditions for four years. [R5.66.5]
• Active Investor Plus (Balanced Category) — multiple entry travel conditions for six years. [R5.66.5]

The "first day in New Zealand as a resident" is: [R5.66.5]

• the day the resident visa is granted in New Zealand, or
• the day the holder is first granted entry permission on the basis of the resident visa, if the visa was granted while they were outside New Zealand.

If the holder does not travel to New Zealand within the validity of the first entry travel condition, the multiple entry travel conditions never become valid. [R5.66.5]

If the holder wishes to travel to New Zealand after the multiple entry travel conditions have expired and they do not qualify for a permanent resident visa (see RV2), they may apply for a variation of travel conditions under RV3. [R5.66.5]

Former New Zealand citizens deemed to hold a resident visa (R5.66.10)

Former New Zealand citizens who are deemed to hold a resident visa under section 75 of the Immigration Act 2009 may be granted multiple entry travel conditions as follows: [R5.66.10]

• If the person renounced their citizenship — multiple entry travel conditions for two years from the date of renunciation. [R5.66.10]
• If the person was deprived of their citizenship — multiple entry travel conditions for the duration they would be eligible for if they applied for a variation of travel conditions (see RV3). [R5.66.10]

Note: Former citizens who renounced their citizenship may also apply for and be granted a permanent resident visa (see RV2.15). [R5.66.10]

Variation of travel conditions (RV3.1)

Resident visa holders may apply for a variation of travel conditions to extend or change their ability to travel to New Zealand. The following rules apply: [RV3.1]

• Duration options: Travel conditions can be varied to allow multiple journey travel for 12 months, 14 days, or 24 months. [RV3.1]
• Validity requirement: A variation can only be granted if the resident visa is valid. A resident visa is valid when the holder is in New Zealand, or when they are outside New Zealand and the current travel conditions have not expired. [RV3.1]
• Mandatory minimum for in‑New Zealand applicants: Holders of resident visas who are in New Zealand must be granted a variation of travel conditions for a duration of at least 14 days. [RV3.1]
• Prohibited persons: People who would otherwise be prohibited from entry or from the grant of a visa because they are subject to restrictions or a ban (see RA9 and R5.100) may only be granted a 14-day variation under RV3.10. [RV3.1]

Declining an application (RV3.1.1):

• An application for a variation made by a resident visa holder in New Zealand cannot be declined. [RV3.1]
• An application made outside New Zealand must be declined if the applicant:
  • does not meet any requirement of RV3.5 to RV3.20, or
  • would be otherwise prohibited from entry or from the grant of a visa due to a ban or restriction (see RA9 and R5.100). [RV3.1]
• Applications from outside New Zealand by applicants who have failed to meet any conditions imposed under section 49(1) or section 50 of the Immigration Act 2009 must be declined, regardless of other eligibility. [RV3.1]

Reconsideration (RV3.1.5):

• An applicant may request reconsideration of a decline decision if the officer was not satisfied with the evidence produced or the application did not meet the requirements set out in instructions. [RV3.1]
• The review is performed by another officer of equal or higher grading who checks that immigration instructions and procedures were correctly applied. [RV3.1]

12-month variation of travel conditions (RV3.5)

Principal applicants may be granted travel conditions current for 12 months if they meet the requirements below and certain other conditions are satisfied [RV3.5]. Specifically:

• Their first day in New Zealand as a resident (see R5.66.5(b)) was at least 12 months before the current application for a variation of travel conditions. [RV3.5]
• They continue to meet any conditions previously imposed under section 49(1) or section 50 of the Immigration Act 2009. [RV3.5]
• The exception in RV3.1(d) does not apply. [RV3.1]

The principal applicant must also satisfy one of the following time-based tests in the 24 months immediately preceding the application [RV3.5]:

RV3.5.1 — Time spent in New Zealand

The applicant has been in New Zealand as a resident for a total of 184 days or more in at least one of the two 12-month portions of the 24-month period. [RV3.5]

RV3.5.5 — Tax residence status and limited time spent in New Zealand

The applicant has been in New Zealand as a resident for a total of 41 days or more in at least one of the two 12-month portions, and is assessed as having tax residence status for 12 months in the 2 years before the application. [RV3.5]

14-day variation of travel conditions (RV3.10)

Applicants must be granted a variation of travel conditions current for 14 days if they are in New Zealand as a resident and: [RV3.10]

• do not meet the requirements for a permanent resident visa; and
• do not meet the requirements for a variation of travel conditions for a longer duration.

Applicants who would otherwise be prohibited from entry or from being granted a visa to New Zealand because they are subject to restrictions or a ban (see RA9 and R5.100) may only be granted a variation of travel conditions for 14 days, and only if they are in New Zealand. [RV3.10]

Note: The 14-day period begins the day after the variation of travel conditions is granted and expires on the same day of the week that it was granted, a fortnight later. [RV3.10]

24-month variation for investment-conditioned visa holders (RV3.15)

Principal applicants who have been granted a resident visa under the Active Investor Migrant policy, the Migrant Investment categories, or the Parent Retirement Category may be granted a variation of travel conditions for 24 months if their first day in New Zealand as a resident was at least 24 months before the current application was made, and they continue to meet any conditions imposed under section 49(1) and/or section 50 of the Immigration Act 2009, unless RV3.1(d) applies. [RV3.15]

Special provisions for certain resident visa holders (RV3.20)

RV3.20 provides special provisions for three categories of resident visa holders who may be granted a 24-month variation of travel conditions. [RV3.20]

Australian citizens and residents (RV3.20.1)

Persons who hold a resident visa (or are deemed to hold one) because they are holders of current Australian permanent residence visas, current Australian resident return visas, or Australian citizenship may be granted a variation of travel conditions for 24 months from the date their current resident visa was granted. [RV3.20]

Australian citizens or residents who:

• have held, or are deemed to have held, a resident visa for over 24 months; or
• have been previously granted a variation of travel conditions under this provision

may apply for variations of travel conditions under RV3.5, RV3.10, or for a permanent resident visa. [RV3.20]

Partners of New Zealand citizens who do not qualify for a permanent resident visa (RV3.20.5)

Unless the mandatory minimum variation provision of RV3.1 applies, partners of New Zealand citizens who do not qualify for a permanent resident visa may be granted a further variation of travel conditions for a 24-month period, provided the New Zealand partner supports the application in writing and: [RV3.20]

• 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. [RV3.20]

Dependent children of the partner of a New Zealand citizen, who were included in that partner's residence class visa application, may be granted a variation of travel conditions for a period of 24 months, equivalent to that of the partner's travel conditions. [RV3.20]

An immigration officer may ask for any additional evidence that the relationship is ongoing, genuine and stable, including that obtained by interview. [RV3.20]

Resident visa holders seconded overseas as part of their New Zealand employment (RV3.20.10)

Unless the mandatory minimum variation provision of RV3.1 applies, resident visa holders seconded overseas as part of their New Zealand employment, who do not qualify for permanent resident visas, may be granted a variation of travel conditions for a further 24-month period provided that their New Zealand employer confirms in writing that they require the applicant to remain overseas and still consider the applicant to be a New Zealand resident. [RV3.20]

Written confirmation from a New Zealand employer must state the terms and duration of the secondment and confirm the applicant is still considered a New Zealand resident. [RV3.20]

Further travel conditions under this provision may be granted every two years, for up to a total of 8 years stay outside New Zealand. [RV3.20]

Partners and children may be granted further travel conditions for a period equivalent to that of the principal applicant provided the immigration officer is satisfied that the relationship between them and the principal applicant is genuine and ongoing. [RV3.20]

Application in decisions

Immigration officers must grant travel conditions on resident visas in accordance with R5.66. The first entry period is fixed by the residence category and cannot be varied. An offshore applicant who fails to enter within that period loses the ability to use the resident visa and must apply afresh. When a resident visa holder approaches the end of their multiple entry travel conditions, they should be advised of the option to apply for a variation of travel conditions or a permanent resident visa, where eligible. [R5.66.1][R5.66.5] For variation applications under RV3.1, officers must ensure the resident visa remains valid and, for offshore applicants, that the stricter declining criteria are applied. [RV3.1] When assessing variations under RV3.20, officers must verify the specific eligibility category (Australian citizenship or permanent residence, partnership with a New Zealand citizen, or New Zealand employer secondment) and ensure the supporting documentation requirements are met before granting a 24-month variation. [RV3.20]

Interpretation & edge cases

• The first entry condition is strict; there is no discretion to extend it. [R5.66.1]
• If a resident visa holder does not enter within the first entry period, not only is the single entry invalid, but the multiple entry travel conditions also never come into effect. This effectively voids the resident visa for travel purposes. [R5.66.5]
• The "first day in New Zealand as a resident" determines when the multiple entry period begins, which is particularly significant for applicants who are overseas when granted residency. [R5.66.5]
• For former citizens who renounced, the two-year travel window is relatively short, but they have a path to a permanent resident visa under RV2.15, which removes travel conditions entirely. [R5.66.10]
• For deprived citizens, the travel conditions are pegged to what they would receive through a variation of travel conditions application, aligning their entitlements with other resident visa holders seeking extensions. [R5.66.10]
• Variation applications from offshore applicants subject to a ban or who have failed to meet conditions imposed under the Immigration Act 2009 are subject to mandatory decline, effectively forcing such holders to apply while in New Zealand to secure any variation. [RV3.1]
• The mandatory minimum 14-day variation for in‑New Zealand applicants ensures that no resident visa holder is left without the ability to travel, even for a short period. [RV3.1]
• The 12-month variation allows a lower presence threshold for applicants who have tax residence status: 41 days instead of 184, provided they can demonstrate tax residence for at least 12 months in the 2 years before the application. [RV3.5]
• The 184-day or 41-day requirement can be met in any single 12-month portion of the 24 months immediately preceding the application; an applicant who spent most of the first year in New Zealand qualifies even if they were absent during the second year, and vice versa. [RV3.5]
• If a resident visa holder does not qualify for a permanent resident visa or a longer variation, they must still be granted a 14-day variation, guaranteeing at least a short travel window. [RV3.10]
• Applicants who are subject to a restriction or ban may only be granted a 14-day variation, and only while they are in New Zealand; the 14-day period starts the day after grant and expires a fortnight later on the same day of the week. [RV3.10]
• Principal applicants with resident visas subject to investment conditions under section 49(1) (Active Investor Migrant, Migrant Investment, Parent Retirement) can obtain a 24-month variation under RV3.15 if they have been residents for at least 24 months and continue to meet investment conditions. [RV3.15]
• Australian citizens and permanent residents deemed to hold a resident visa receive a straightforward 24-month variation from the grant date but cannot renew under RV3.20; after 24 months or a previous grant under this provision, they must use RV3.5, RV3.10, or apply for a permanent resident visa. [RV3.20]
• Partners of New Zealand citizens can access a 24-month variation even if they have not met the standard time-in-New-Zealand tests, provided the partnership is verified as genuine and ongoing. [RV3.20]
• The secondment provision under RV3.20.10 is cumulative: variations can be renewed every two years for up to a total of 8 years, giving seconded workers a long runway to return to New Zealand without losing their resident visa status. [RV3.20]
• For seconded workers, the employer's written confirmation is the primary evidence; without it stating the terms and duration of the secondment and confirming ongoing employment, the variation cannot be granted. [RV3.20]

Citations

• R5.66 — Travel conditions on resident visas
• RV3.1 — Applications for variations of travel conditions
• RV3.5 — 12-month variation of travel conditions
• RV3.10 — 14-day variation of travel conditions
• RV3.15 — Variation of travel conditions for principal applicants with investment conditions under Section 49(1)
• RV3.20 — Special provisions