Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2018
2018/180
Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2018
Patsy Reddy, Governor-General
Order in Council
At Wellington this 24th day of September 2018
Present:
Her Excellency the Governor-General in Council
These regulations are made under sections 399 to 402 of the Immigration Act 2009—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister of Immigration made under section 403A(1) of that Act.
Contents
Regulations
1 Title
These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2018.
2 Commencement
These regulations come into force on 5 November 2018.
3 Principal regulations
These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations).
4 Regulation 4C amended (Certain applicants exempt from paying immigration levy)
Revoke regulation 4C(d).
5 Regulation 31 replaced (People leaving New Zealand must complete approved form)
Replace regulation 31 with:
31 People leaving New Zealand must present identity document
(1)
Before leaving New Zealand, a person must present,—
(a)
to an immigration officer,—
(i)
the person’s passport or certificate of identity; or
(ii)
if the person is a member of the Armed Forces (including Civil Staff) acting in the ordinary course of his or her duty or employment and departing on a commercial craft, the person’s passport, certificate of identity, military orders, or military identity card; or
(b)
to an automated electronic system, the person’s passport.
(2)
Subclause (1) does not apply to a person who—
(a)
is described in regulation 30(a), (b), or (c); or
(b)
is exempted by special direction.
6 New regulation 31A inserted (People leaving New Zealand may be required to present evidence of entitlement to travel)
After regulation 31, insert:
31A People leaving New Zealand may be required to present evidence of entitlement to travel
(1)
Before leaving New Zealand, a person may be required to present to an immigration officer evidence of the person’s entitlement to travel outside New Zealand (for example, their boarding pass or travel tickets).
(2)
Subclause (1) does not apply to a person who—
(a)
is described in regulation 30(a), (b), or (c); or
(b)
is exempted by special direction.
7 Schedule 4 replaced
Replace Schedule 4 with the Schedule 4 set out in Schedule 1 of these regulations.
8 Schedule 5 amended
In Schedule 5, after clause 7, insert:
8
A person who is—
(a)
a claimant; or
(b)
a refugee; or
(c)
a protected person.
9 Schedule 6 replaced
Replace Schedule 6 with the Schedule 6 set out in Schedule 2 of these regulations.
Schedule 1 Schedule 4 replaced
Schedule 4 Fees
r 4A
| Regulation under which fee prescribed | Matter for which fee prescribed | Fee (NZ$) | ||||||
|---|---|---|---|---|---|---|---|---|
| New Zealand | Pacific | Rest of world | ||||||
| Residence class visa | ||||||||
| 5(1) and (2)(e)(i) | Residence class visa application—Skilled Migrant Category | 1,880 | 1,610 | 2,480 | ||||
| Residence class visa application—Investor Plus (Investor 1 Category) | 4,240 | 4,130 | 4,130 | |||||
| Residence class visa application—Investor (Investor 2 Category) | 4,240 | 4,130 | 4,130 | |||||
| Residence class visa application—Entrepreneur Residence Category | 3,310 | 3,310 | 3,310 | |||||
| Residence class visa application—Residence from Work Category | 970 | - | - | |||||
| Residence class visa application—Family Category | 1,070 | 1,070 | 1,840 | |||||
| Residence class visa application—Parent Retirement Category | 3,310 | 3,310 | 3,310 | |||||
| Residence class visa application—Samoan Quota scheme | 820 | 800 | - | |||||
| Residence class visa application—Pacific Access Category | 890 | 870 | - | |||||
| Residence class visa application—Refugee Family Support Category | 670 | 660 | 920 | |||||
| Residence class visa application—any other residence category | 1,070 | 1,070 | 1,840 | |||||
| Residence class visa—application by holder or former holder of resident visa | ||||||||
| 6(1)(a) and (2)(d)(iiia) | Permanent resident visa application by person holding resident visa | 210 | 210 | 210 | ||||
| 6(1)(b) and (2)(d)(iiia) | Permanent resident visa application by person who previously held resident visa | 210 | 210 | 210 | ||||
| 6(1)(c) and (2)(d)(iiia) | Resident visa application by person who previously held resident visa | 210 | 210 | 210 | ||||
| 6(1)(c) and (2)(d)(iiia) | Variation of travel conditions of visa by person holding resident visa | 210 | 210 | 210 | ||||
| Residence class visa—related matters | ||||||||
| 9(b) | Notification of expression of interest in applying for residence class visa—Skilled Migrant Category (hard copy) | 680 | 680 | 680 | ||||
| Notification of expression of interest in applying for residence class visa—Skilled Migrant Category (online) | 530 | 530 | 530 | |||||
| Notification of expression of interest in applying for residence class visa—Investor 2 Category | 620 | 620 | 620 | |||||
| Notification of expression of interest in applying for residence class visa—Parent Category (hard copy) | 490 | 490 | 490 | |||||
| Notification of expression of interest in applying for residence class visa—Parent Category (online) | 380 | 380 | 380 | |||||
| Notification of expression of interest in applying for residence class visa—Pacific Access Category (first year of notification) | 85 | 85 | 85 | |||||
| Notification of expression of interest in applying for residence class visa—Pacific Access Category (subsequent year of notification) | 35 | 35 | 35 | |||||
| Temporary visa—visitor visa | ||||||||
| 10(1) and (2)(f)(i) | Temporary visa application—visitor visa | 190 | 150 | 190 | ||||
| 10(1) and (2)(f)(i) | Temporary visa application—Retirement Category visitor visa | 3,310 | 3,310 | 3,310 | ||||
| Temporary visa application—group visitor visa per person (made offshore only): approved destination status (China) | - | - | 30 | |||||
| Temporary visa application—group visitor visa per person: other | 50 | 50 | 50 | |||||
| Temporary visa—student visa | ||||||||
| 10(1) and (2)(f)(i) | Temporary visa application—student visa | 250 | 200 | 270 | ||||
| 10(1) and (2)(f)(i) | Temporary visa application—student visa (submitted by education provider) | 110 | - | - | ||||
| Temporary visa—work visa | ||||||||
| 10(1)(a), 23AA(1) and (5)(e) | Temporary visa application—work visa under Silver Fern Job Search immigration instructions | 410 | 410 | 410 | ||||
| 10(1) and (2)(f)(i) | Temporary visa application—work visa under Work Partnership/Work to Residence | 580 | 580 | 580 | ||||
| 10(1) and (2)(f)(i) | Temporary visa application—Entrepreneur Work Visa | 3,310 | 2,800 | 3,310 | ||||
| 10(1)(a), 23AA(1) and (5)(e) | Temporary visa application—work visa under working holiday scheme | 190 | - | 190 | ||||
| Temporary visa application—work visa under working holidaymaker extension | 190 | - | 190 | |||||
| Temporary visa application—work visa under any other category of immigration instruction | 440 | 370 | 440 | |||||
| Temporary visa—related matters | ||||||||
| 14(1)(c)(iii) | Application for reconsideration of decision to decline further temporary visa | 220 | - | - | ||||
| Limited visa | ||||||||
| 10(1) and (2)(f)(i) | Temporary entry class visa application—limited visa: limited student visa | 250 | 200 | 270 | ||||
| Temporary entry class visa application—limited visa: limited visa for recognised seasonal employer | 310 | 270 | 310 | |||||
| Temporary entry class visa application—limited visa: any other category | 190 | 150 | 190 | |||||
| Transit visa | ||||||||
| 15(1AA) and (1)(d)(iia) | Transit visa application | 160 | 160 | 160 | ||||
| Transit visa application—group Chinese nationals per person | 95 | - | 95 | |||||
| Other matters—applications or requests by employers and organisations | ||||||||
| 26AA(d) | Request under immigration instructions by employer for approval in principle to recruit overseas workers | 440 | - | - | ||||
| 26AA(da) | Request under immigration instructions by employer for approval in principle to recruit overseas workers under foreign crew of fishing vessels instructions | 5,630 | - | - | ||||
| 26AA(e) | Request under immigration instructions for supplementary seasonal employment approval in principle | 290 | - | - | ||||
| 26AA(j) | Recognised Seasonal Employer status | 960 | - | - | ||||
| 26AA(k) | Agreement to recruit under Recognised Seasonal Employer work immigration instructions | 260 | - | - | ||||
| 26AA(daa) | Labour hire company accreditation (Essential Skills Category immigration instructions)—first year of accreditation | 1,960 | - | - | ||||
| Labour hire company accreditation (Essential Skills Category immigration instructions)—subsequent year of accreditation | 550 | - | - | |||||
| 26AA(dab) | Reconsideration of application from labour hire company for accreditation (Essential Skills Category immigration instructions) | 220 | - | - | ||||
| 26AA(h) | Employer accreditation (under talent work immigration instructions)—initial accreditation | 2,130 | - | - | ||||
| Employer accreditation (under talent work immigration instructions)—subsequent accreditation | 600 | - | - | |||||
| 26AA(i) | Reconsideration of application from employer for talent employer accreditation | 240 | - | - | ||||
| 26AA(ia) | Entertainment industry accreditation (under specific purpose or events immigration instructions)—first year of accreditation | 1,960 | - | - | ||||
| Entertainment industry accreditation (under specific purpose or events immigration instructions)—subsequent year accreditation | 550 | - | - | |||||
| Other matters—general | ||||||||
| 26AA(a) | Request for special direction | 220 | 220 | 220 | ||||
| 26AA(b) | Residence class visa granted under section 61 of Act | 960 | - | - | ||||
| Temporary entry class visa granted under section 61 of Act | 410 | - | - | |||||
| 26AA(c) | Application for variation of conditions imposed on any type of temporary entry class visa | 190 | 190 | 190 | ||||
| 26AA(f) | Call-out fee where office is opened outside normal working hours in order to process immigration matter | 320 | 320 | 320 | ||||
| 26AA(g) | Registration under Refugee Family Support Category | 100 | - | - | ||||
| 32(1)(a) and (3)(d) | Confirmation of immigration status | 130 | 130 | 130 | ||||
| 32(1)(b) and (3)(d) | Transfer fee where visa stamp or label transferred from one passport or certificate of identity to another | 130 | 130 | 130 | ||||
| 33(1AA) and (1)(e)(ia) | First endorsement of New Zealand citizenship in foreign passport | 150 | 150 | 150 | ||||
| 33(1AA) and (2)(e)(ia) | Second or subsequent endorsement of New Zealand citizenship in foreign passport | 95 | 95 | 95 | ||||
Schedule 2 Schedule 6 replaced
Schedule 6 Immigration levy
r 4B
| Category of applicant | Levy (NZ$) | |
|---|---|---|
| Applicant for group visitor visa | 15 | |
| Applicant for visitor visa: any other category | 21 | |
| Applicant for student visa | 25 | |
| Applicant for work visa | 55 | |
| Applicant for limited visa: limited visa for recognised seasonal employer | 15 | |
| Applicant for limited visa: limited student visa | 25 | |
| Applicant for limited visa: any other category | 21 | |
| Applicant for resident visa—Skilled Migrant Category | 830 | |
| Applicant for resident visa—Investor Plus (Investor 1 Category) | 830 | |
| Applicant for resident visa—Investor (Investor 2 Category) | 830 | |
| Applicant for resident visa—Entrepreneur Residence Category | 830 | |
| Applicant for resident visa—Residence from Work Category | 830 | |
| Applicant for resident visa—Employees of Relocating Business Category | 830 | |
| Applicant for resident visa—Family Category | 410 | |
| Applicant for resident visa—Pacific Access Category | 410 | |
| Applicant for resident visa—Parent Retirement Category | 410 | |
| Applicant for resident visa—Pitcairn Islanders | 410 | |
| Applicant for permanent resident visa—Family Category | 410 | |
| Applicant for permanent resident visa—Residence from Work Category | 830 |
Michael Webster,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 5 November 2018, amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations).
Currently under regulation 4C(d) of the principal regulations, a person who is a claimant, refugee, or protected person is exempt from paying the immigration levy. This class of persons is also to be exempt from paying any prescribed fee. Regulation 4C(d) of the principal regulations is therefore revoked and reference to this class of person is included in Schedule 5 of the principal regulations, which specifies the people exempt from paying prescribed fees and the immigration levy (see regulations 4 and 8).
Currently, a person leaving New Zealand is required to complete an approved form (a departure card) and present it to an immigration officer or an automated electronic system. This requirement, in regulation 31 of the principal regulations, is removed, but new regulation 31 still requires a person leaving New Zealand to present identification (see regulation 5).
On occasion, it may be necessary to manually input a person’s travel information before the person leaves New Zealand (for example, if there is an electronic failure). To ensure that the necessary information can be captured, new regulation 31A provides that a person leaving New Zealand may be required to present evidence of their entitlement to travel (see regulation 6).
The fees payable for specified immigration applications are set out in Schedule 4 of the principal regulations. That schedule is replaced by a new Schedule 4 that revises the fee levels (see regulation 7).
The levies payable by certain categories of applicants are set out in Schedule 6 of the principal regulations. That schedule is replaced by a new Schedule 6 that revises the levies (see regulation 9).
The changes to the fees and levies address cross-subsidisation between various visa types and increased costs, and also provide funding to enhance border security and migrant protection.
Regulatory impact assessment
The Ministry of Business, Innovation, and Employment produced a regulatory impact assessment on 24 September 2018 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact assessment can be found at—
Date of notification in Gazette: 27 September 2018.
These regulations are administered by the Ministry of Business, Innovation, and Employment.