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Temporary Entry PDF - Immigration New Zealand

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INZ Operational Manual <strong>Temporary</strong> entry<br />

L2 LIMITED VISAS<br />

L2.1 Who may apply for a limited visa<br />

See also <strong>Immigration</strong> Act 2009 ss 81, 150<br />

The following people may apply for a limited visa:<br />

a. a person, including a person to whom a visa waiver applies, who is outside <strong>New</strong> <strong>Zealand</strong><br />

and who wishes to come to <strong>New</strong> <strong>Zealand</strong> for an express purpose;<br />

b. a person arriving in <strong>New</strong> <strong>Zealand</strong> to whom a visa waiver applies who wishes to stay in <strong>New</strong><br />

<strong>Zealand</strong> for an express purpose;<br />

c. a person in <strong>New</strong> <strong>Zealand</strong> who is the holder of a temporary visa (unless subject to section<br />

150 of the <strong>Immigration</strong> Act 2009);<br />

d. a person in <strong>New</strong> <strong>Zealand</strong> who is the holder of a current limited visa and who needs further<br />

time to achieve the express purpose for which that visa was granted.<br />

L2.5 Who may not apply for a limited visa<br />

See also <strong>Immigration</strong> Act 2009 ss 11, 20, 27, 61, 89, 150, 380<br />

a. A person may not apply for a limited visa if they are in <strong>New</strong> <strong>Zealand</strong> unlawfully.<br />

Effective 29/11/2010<br />

b. If such a person unlawfully in <strong>New</strong> <strong>Zealand</strong> purports to apply for a limited visa, the grant<br />

of that visa is a matter of the absolute discretion of the Minister or a delegated<br />

immigration officer:<br />

i the Minister or immigration officer is not obliged to consider their application; and<br />

ii the Minister or immigration officer is not obliged to enquire into the circumstances of<br />

the person or any other person; and<br />

iii the Minister or immigration officer is not obliged to make any further enquiries in<br />

respect of any information provided by, or in respect of, the person or any other<br />

person; and<br />

iv whether the application is considered or not, the Minister or immigration officer is not<br />

obliged to give reasons for any decision on it, other than that section 11 of the<br />

<strong>Immigration</strong> Act 2009 applies; and<br />

v section 27 of the <strong>Immigration</strong> Act 2009 (concerning the reasons for a refusal to grant<br />

a visa to be given in writing if requested) and section 23 of the Official Information Act<br />

1982 (concerning the right of access to reasons for decisions) do not apply to the<br />

application.<br />

c. A person to whom section 150 of the <strong>Immigration</strong> Act 2009 applies may not apply for a<br />

limited visa, unless s150(3) (see E8.10) applies.

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