Immigration rules during covid-19 related border-closure explained

New Zealand is under Covid-19 Alert level 4 lockdown with only essential services related financial activities allowed to remain operational. 

The New Zealand border is also currently closed to almost all travellers to help stop the spread of COVID-19. The travel ban applies to all arrivals into New Zealand whether it is by air or sea. This includes superyachts arriving in New Zealand.

New Zealand citizens and residents returning to New Zealand may travel to New Zealand and do not need any formal exemption. 

There are a few exceptions that INZ might be giving case to case basis by and large to facilitate all but critical travel, largely to support the protection of public health in New Zealand, or a small number of additional, limited exceptions. 

The Indian Weekender has been inundated with requests from the concerned temporary migrant workers about their visa situation and what they can do or not do in the immediate future. 

Here are few plausible visa-related scenarios explained 

I am on a temporary visa and it is expiring soon:

An Epidemic Management Notice relating to immigration matters came into effect on 2 April 2020, which automatically granted an extension to everyone whose visa was supposed to expire between  April 2 to July 9, 2020.  

If you hold a work, student, visitor, limited or interim visa with an expiry date of 1 April or earlier, and you have not applied for another visa, you are now unlawfully in New Zealand.

You can either leave the country immediately, or make a request for a special temporary or resident visa under Section 61 of the Immigration Act.

To make a request under Section 61 of the Immigration Act, you should send an email to INZ at s61@mbie.govt.nz outlining your circumstances 

I am a temporary worker stuck outside NZ:

Importantly,  Epidemic Management Notice only applied to temporary visa holders who were on-shore in the country, therefore anyone overseas will not be covered under this notice. 

If you were not onshore, your visa duration will not have been extended automatically.

Nor can you apply separately and request a visa extension as all INZ offices remain closed in response to Covid-19 pandemic response.

Also, notably any temporary visa holder chose to leave the country now (despite all travel restrictions) you are unlikely to be able to return because travel to New Zealand is currently restricted.  

I got my residency approved recently when can I travel: 

If you want to travel for the first time to New Zealand after getting your residency approved offshore then you can not enter New Zealand as of now. 

You will have to wait till more clarity emerges and INZ comes out with specific rulings for you relaxing travel restrictions. 

I am on a work visa and was planning to file for residency: 

Since all INZ offices are closed and no routine applications are being entertained, so you have very limited options. 

All Immigration New Zealand offices are now closed and the priority of the department's reduced staff in New Zealand is urgent tasks relating to COVID-19 and other health matters.

Immigration New Zealand cannot extend visa durations other than under the terms of the epidemic management notice. 

You may withdraw any undecided applications, but fees or levies paid for completed applications will not be refunded or deferred for another visa. NZeTAs are valid for two years.

In the unfortunate situation of you being on a work visa who was travelling overseas for a short period of time before eventually filing an application for residency and have been now stranded overseas, then you cannot do much. Neither your current visa get automatically extended nor you can currently apply for either extension of your visa or for residency. 

Skilled Migrant Category and Parent Category decisions on hold

The Government has decided to suspend a number of visa programmes, including selections for Expressions of Interest (EOI) in:

• the Skilled Migrant Category, and

• the Parent Category.

This is a temporary measure. Immigration New Zealand will continue to reassess and determine when EOI selections can take place as the situation develops.