Results 1 to 3 of 3

Thread: Variation of Condition for Resident Visa

  1. #1
    Join Date
    May 2018
    Location
    New Zealand
    Posts
    67

    Default Variation of Condition for Resident Visa

    Posting on behalf of a friend "X"

    X got his resident visa on 21st Jan 2020 while he was in NZ. X was the principal applicant. His wife and daughter got the resident visa under the same application as well.
    As X was in NZ when he got his visa, he didn't have any first entry date requirement. But the travel conditions (resident visa) were valid till 21st Jan 2022. He is still in NZ so, he is out of the question.

    The question he wants to ask is about his wife and daughter. As they were in India when X got his visa, they had an entry date condition, which said "You must arrive in NZ before 21 Jan 2021", which automatically got extended to 11 September 2021.
    Now that we are fast approaching 11 September 2021, he is worried about extending their travel conditions?
    His wife and daughter were supposed to get here on 15th April 2021, but they couldn't, because of the travel ban on India.
    And since then, getting a MIQ has become a nightmare.

    So, what should his way forward?
    what visa should they apply for?

    INZ told that he should use INZ1020, but that doesn't have any section for the resident visa holder.
    Will appreciate any guidance in this matter.
    Last edited by NZ029; 27th July 2021 at 01:23 AM. Reason: typo

  2. #2
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    815

    Default

    Sounds like you've been given the wrong form: the INZ 1020 form is for varying the conditions of a temporary entry class visa. For varying the travel conditions of a residence class visa, INZ 1176 should be used.

    However (and here comes the bad news): one can only vary multiple entry travel conditions per RV3. These multiple entry travel conditions never become valid if the holder of a Resident Visa fails to travel within the validity of their first entry travel conditions (R5.66.5(c)). Moreover, no variation to travel conditions pertaining to first entry may be granted (R5.66.1(b), but also note the absolute discretion that the Minister of Immigration has under Section 50 to make such a variation), and any Resident Visa holder failing to to travel to New Zealand within the validity of their first entry travel conditions must submit a further application for a residence class visa if they still wish to live in New Zealand (R5.66.1(c)).

    It remains possible that the Minister of Immigration may further extend the first entry travel conditions, or grant replacement Resident Visas entirely, by means of a special direction (which, as you mention, has happened before: see here and here). Should this not occur, the immigration instructions cited above will apply.

    So, in short, the INZ 1176 form and the immigration instructions at RV3 will not be of any help either: your only chance is for a special direction to be granted. Immigration instructions pertaining to special directions may be found at S2 (which is more directed at people excluded under Section 15 or 16, but may yet contain some helpful information).
    Last edited by Kelerei; 27th July 2021 at 10:27 AM. Reason: turns out I need more coffee to be able to spell correctly

  3. #3
    Join Date
    May 2018
    Location
    New Zealand
    Posts
    67

    Default

    Thanks Kelerei. It was very helpful

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •