Restrictions on residence class visas

At a glance

Certain persons are prohibited from making a residence class visa application. These include limited visa holders, interim visa holders, transit visa holders, and anyone who is liable for deportation—including people who are unlawfully in New Zealand. [RA5] The Minister of Immigration or a delegated immigration officer may, in absolute discretion, grant a residence class visa to such a person, but there is no obligation to consider the application or to give reasons. [RA5] Additionally, applicants under the Parent Category, Skilled Migrant Category, and Community Organisation Refugee Sponsorship Category must first be invited to apply via an Expression of Interest. [RA5]

Furthermore, under United Nations Security Council sanctions, designated persons and specified entities from certain countries may not be granted a residence class visa. [RA9] An immigration officer must contact the Ministry of Foreign Affairs and Trade when processing an application from such a person, and a visa may only be granted on the advice of the Secretary of Foreign Affairs and Trade. [RA9]

Where a person has become liable for deportation, the processing of any residence class visa application must be suspended, except for applications referred back by the Immigration and Protection Tribunal under section 188(1)(d) or (e) of the Immigration Act 2009. [RA5.1]

Definition

Prohibited persons: No limited visa holder, interim visa holder, transit visa holder, or person who is liable for deportation (including those unlawfully in New Zealand) may apply for a residence class visa. [RA5]

Discretionary grant: The Minister or an appropriately delegated immigration officer may, in absolute discretion, grant a residence class visa to a person otherwise prohibited. [RA5] However:

• The Minister or officer is not obliged to consider a purported application from such a person. [RA5]
• Whether the application is considered or not, there is no obligation to give reasons for any decision, other than that section 11 of the Immigration Act 2009 applies. [RA5]
• Section 23 of the Official Information Act 1982 and section 27 of the Immigration Act 2009 (concerning the right of access to reasons for decisions) do not apply. [RA5]

Suspension of processing: Under section 169 of the Immigration Act 2009, the processing of any residence class visa application from a person who has become liable for deportation must be suspended. [RA5.1] This does not prevent the processing of any application referred back to the Minister or the Chief Executive by the Immigration and Protection Tribunal under section 188(1)(d) or (e) of the Immigration Act 2009. [RA5.1]

Invitation to apply: In some cases, a person may only apply for a residence class visa if they have earlier been invited to apply by an immigration officer. [RA5] An invitation is sought through the completion and lodgement of an Expression of Interest. An invitation to apply is required for all applications under the Parent Category, Skilled Migrant Category, and Community Organisation Refugee Sponsorship Category. [RA5]

UNSC‑designated persons: In accordance with UNSC sanctions, no designated person or specified entity may enter New Zealand or transit through New Zealand, meaning that no such person may be granted a residence class visa. [RA9] This restriction applies to:

• designated persons from the Democratic People's Republic of Korea (DPRK), their immediate family members, individuals acting on behalf or under the direction of a designated individual, and individuals assisting in the evasion or violation of UN sanctions measures; [RA9]
• persons who are specified entities under the United Nations Sanctions (ISIL (Da’esh), Al‑Qaida and Taliban) Regulations 2007, including Al‑Qaida entities, Taliban entities, and members of the Taliban; [RA9]
• Al‑Qaida entities covering members of the Al‑Qaida organisation, members of ISIL (Da’esh), and entities designated under relevant UNSC Resolutions as associated with Al‑Qaida or ISIL (Da’esh); [RA9]
• Taliban entities, being persons (other than Al‑Qaida entities or the Taliban themselves) designated under relevant UNSC Resolutions to whom the UNSC Sanctions apply; [RA9]
• designated persons from Lebanon; [RA9]
• designated persons from the Democratic Republic of Congo; [RA9]
• designated persons from Sudan; [RA9]
• designated persons from Somalia; [RA9]
• designated persons from Libya; [RA9]
• designated persons from Mali; [RA9]
• designated persons from Guinea‑Bissau; [RA9]
• designated persons from Central African Republic; [RA9]
• designated persons from Yemen; [RA9]
• designated persons from South Sudan; [RA9]
• designated persons from Iran. [RA9]

An immigration officer must contact the Ministry of Foreign Affairs and Trade when processing any immigration application from a person falling within the above categories. [RA9] A visa may only be granted to such a person on the advice of the Secretary of Foreign Affairs and Trade. [RA9] These instructions operate in addition to the requirements of the Immigration Act 2009. [RA9]

For the purposes of these instructions, a designated person or (in the case of the United Nations Sanctions (ISIL (Da’esh), Al‑Qaida and Taliban) Regulations 2007) a specified entity is someone named on a list maintained by INZ and updated periodically. [RA9]

Application in decisions

Immigration officers applying RA5 must first determine whether an applicant falls into any of the prohibited categories. If so, the application must not be accepted unless the Minister or appropriately delegated officer chooses to exercise discretion. [RA5] Under the discretionary pathway, officers have no duty to consider the application and no obligation to provide reasons beyond stating that section 11 applies. [RA5]

If a person liable for deportation already has an application pending, or becomes liable after applying, the officer must suspend processing unless the application falls within the Tribunal referral exception in RA5.1. [RA5.1] For residence categories requiring an invitation, an immigration officer must confirm that a valid invitation to apply has been issued before accepting the application. [RA5]

When processing any application from a person who appears to be a UNSC‑designated person or specified entity, the officer must contact the Ministry of Foreign Affairs and Trade. [RA9] A visa may be granted only on the advice of the Secretary of Foreign Affairs and Trade. [RA9]

Permanent resident visa ineligibility

In addition to the general restrictions on residence class visa applications, specific provisions govern who may not be granted a permanent resident visa (PRV). [RV2.1]

The following people are ineligible for a PRV:

• People subject to section 15 or 16 of the Immigration Act 2009: Individuals who are not eligible for a visa because they are subject to sections 15 and 16 of the Immigration Act 2009 (see [A5.20]) are not eligible for a PRV unless a special direction has been given. Such persons may still apply for a variation of their travel conditions under the provisions of RV3. [RV2.1]
• People subject to restrictions or a ban under UNSC sanctions or R5.100: Individuals who would otherwise be prohibited from entry or from being granted a visa because they are subject to restrictions or a ban (see [RA9] and [R5.100]) are not eligible for a PRV, and may only be granted a 14‑day variation to their travel conditions under [RV3.10]. [RV2.1]
• People liable for deportation: Resident visa holders who are liable for deportation may not apply for a PRV. However, a PRV may be granted at the absolute discretion of the Minister or an immigration officer (see [D2.30.5]). [RV2.1]
• People with suspended deportation liability: Resident visa holders who are liable for deportation and have had that liability suspended may not apply for a PRV during the period of suspension. [RV2.1]

Note: An immigration officer should contact Immigration Resolutions in INZ’s Enablement branch prior to declining an application for a permanent resident visa or a second or subsequent resident visa based on the above provisions, to seek advice and to update the Resolutions Team on any current or potential deportation case. [RV2.1]

Interpretation & edge cases

• Absolute discretion: The discretionary power under RA5 to grant a residence class visa to a prohibited person is unfettered. There is no requirement to even open or evaluate a purported application, and no statutory right to reasons. [RA5]
• No obligation: Even if a prohibited person submits a residence application, INZ has no duty to consider it. If it is considered, the decision‑maker is not required to supply reasons beyond referring to section 11. [RA5]
• Suspension mandatory: Where RA5.1 applies, the suspension of processing is automatic and not subject to officer discretion. The only exception is where the Tribunal has referred the application back to the Minister or Chief Executive under s188(1)(d) or (e). [RA5.1]
• Categories requiring invitation: The requirement for an Expression of Interest and invitation applies only to the Parent Category, Skilled Migrant Category, and Community Organisation Refugee Sponsorship Category. Other residence categories are not subject to this pre‑invitation requirement. [RA5]
• Effective date: These instructions became effective on 27 August 2023. [RA5]
• UNSC sanctions are mandatory: The prohibition on granting a residence class visa to UNSC‑designated persons operates automatically. An officer has no discretion to grant a visa without the advice of the Secretary of Foreign Affairs and Trade. [RA9]
• MFAT contact point: The obligation to contact the Ministry of Foreign Affairs and Trade arises as soon as the officer identifies a potential UNSC‑designated person or specified entity. [RA9]
• List‑based determination: Whether a person is a designated person or specified entity is determined solely by reference to the INZ‑held list, which is updated from time to time. An officer does not make an independent assessment of the designations. [RA9]
• Additional requirements: RA9 operates in addition to Immigration Act 2009 requirements; compliance with UNSC sanctions does not replace other statutory bars or criteria. [RA9]
• Historical note: The current instructions became effective on 18 October 2025. [RA9]

Citations

• RA5 — Who may not apply for a residence class visa
• RA5.1 — Effect of being liable for deportation on residence class visa applications
• RA9 — Restrictions on the grant of a residence visa to certain groups as designated by the United Nations Security Council (UNSC)
• RV2.1 — Who is not eligible for a permanent resident visa?
• A5.20 — Who must not be granted a visa or entry permission
• R5.100 — Restrictions on the grant of a residence class visa to certain categories
• RV3.10 — 14-day variation of travel conditions
• D2.30.5 — Period of deportation liability