When will the Immigration Act 2009 (the ‘new Act’) come into effect?

The substantial provisions of the new Act comes into effect at 2am on 29 November 2010 (New Zealand time). However, some parts of the new Act will not be used until a later date, for example, provisions that allow the collection and use of biometric information (such as fingerprints and iris scans).

Do people holding visas and permits have to do anything when the new Immigration Act comes into effect?

No. Anyone who has a visa or permit granted under the Immigration Act 1987 (the old Act) will automatically be ‘deemed’ to hold the equivalent status under the new Act. There will be no need to make a new application or to do anything other than follow the conditions stated on the current visa or permit.

Will it be easier or harder to make an application under the new Act?

In general, there will be no change to the criteria to enter or stay in New Zealand. The same categories and application types will continue to be used and in most cases will have the same requirements. However, there will be some changes to the rules around people who are sponsored to come to New Zealand. To find out more about this, see our sponsorship factsheet.

If I am in New Zealand holding a visitor, student or work permit when the new Act comes into effect, what happens to my immigration status?

Nothing – it remains the same. However, since the term ‘permit’ will not be used under the new Act, you will be automatically ‘deemed’ to hold the equivalent visa to the permit you hold.

• Held under the 1987 Act  -v- Will be deemed to hold under the 2009 Act
• Visitor's permit -v- Visitor visa
• Work permit -v- Work visa
• Student permit -v- Student visa

For example, if your permit allows you to study and work for 20 hours a week, you will be ‘deemed’ to hold a visa that allows you to study and work for 20 hours a week until the expiry date stated on your permit.

If my current permit expires after 29 November 2010 and I plan to stay in New Zealand, will I have to do anything differently next time I apply?

You will need to supply two passport sized photos instead of one with your application. You may also notice that the forms and guides will have been updated to reflect the terms used under the new Act, for example the references to permits will be removed.  Apart from these small differences, there will be no change to how you apply.

If I am in New Zealand holding a ‘residence permit’ or ‘returning resident’s visa’ when the new Act comes into effect, what happens to my immigration status?

Nothing – it remains the same. You will still hold residence status and will continue to be able to travel and return to New Zealand as a resident in line with the expiry date of your returning resident’s visas (RRV).

However, RRVs will no longer be used under the new Act and you will be deemed to hold either a ‘resident visa’ or ‘permanent resident visa’ instead, depending on your situation. This will happen automatically, and you do not need to make a new application (until an RRV expiry date approaches).

The requirements to progress from a ‘resident visa’ to a ‘permanent resident visa’ will be similar to the current requirements to progress from a ‘non-indefinite RRV’ to an ‘indefinite RRV’.

• Held under the 1987 Act Will -v- be deemed to hold under the 2009 Act
• Indefinite RRV -v- Permanent Resident Visa (allows indefinite stay and return to New Zealand anytime)
• RRV with an expiry date -v- Resident visa with travel conditions expiring on the same date as the RRV expiry date (allows indefinite stay in and return to New Zealand before the expiry date).
• Residence permit with no RRV -v- Resident visa with no travel conditions (allows indefinite stay in New Zealand, but a further application must be made before the holder can leave New Zealand and return as a resident).

If I’m applying for a permit of any type on 29 November when the new Act comes into effect, what happens to my application?

Your application will continue to be assessed against the same criteria.  If your application is approved, and you would have been granted a permit, you will be granted a visa of the same type instead.

What if I applied for a visa and a permit?

If your application for a visa and a permit is approved after 29 November 2010, you will be granted a single visa that will allow you to both stay in New Zealand (like a permit under the old Act) and travel to New Zealand (like a visa under the old Act).

Can I make an application on an old application form after the new Act comes into effect from 29 November 2010?

Old applications forms may continue to be used under the new Act, except for the following:

• Application for Returning Resident’s Visa (INZ 1004)
• Sponsorship form for Residence (INZ 1024)
• Sponsorship form for Temporary Entry (INZ 1025).

The old forms specified above will not be accepted for any application made from 29 November 2010, and if provided, your application may be returned to you for failing lodgement requirements.

If I make an application for a visa and permit before 29 November 2010 but my application is not approved until after that date, I understand I will only be issued with a visa – but will I receive a refund for the permit application fee?

No.  A visa granted under the new Act will contain the same provisions as a visa and permit under the old Act – the single visa will allow you to both stay in New Zealand (like a permit under the old Act) and travel to New Zealand (like a visa under the old Act).