New zealand immigration advice refresher course toi ohomai. This list is part of government immigration instructions as described in section 22 of the immigration act 2009 see wr3. The immigration act 2009 the act is the fundamental source of new zealand immigration law. This past weekend new zealand s laws made an appearance in international news publications once again with headlines such as south african chef too fat to live in new zealand bbc, new zealand cites obesity in denying chefs work visa npr, obese man faces deportation sky news, and new zealand immigration officials say man is too fat to live there. Immigration and protection tribunal guide 5 making a. Immigration act with its variations is a stock short title used for legislation in multiple countries relating to immigration the bill for an act with this short title will have been known as a immigration bill during its passage through parliament immigration acts may be a generic name either for legislation bearing that short title or for all legislation which relates to immigration. Immigration and protection tribunal new zealand ministry of. This summary is intended to assist new zealand lawyers by providing advice on new sources of. The immigration requirements for new zealand new zealand is a great place to live, earn, retire, or invest. The immigration act 2009 comes into effect from 29 november 2010. In 2002, the new zealand government ratified the protocol to prevent, suppress and punish trafficking in persons, especially women and children palermo protocol, a protocol to the united nations convention against transnational organized crime. Nzlii databases new zealand acts immigration act 2009. Penalties for employers breaching the immigration act 2009 are significant with heavy fines and the possibility of imprisonment for offences relating to exploitation of workers.
Immigration new zealand actively examines employer records to monitor compliance with labour laws. New zealands immigration act 2009 reflects certain protection obligations under international law by providing that a person may receive protection as a refugee within the meaning of the refugee convention immigration act. Immigration new zealand information for new migrants. This list is part of government immigration instructions as described in section 22 of the immigration act 2009. Oct 19, 2010 the immigration act 2009 comes into effect from 29 november 2010.
Under section 186 of the immigration act of 2009, there is no right of appeal or reconsideration against a decision on a temporary entry class visa application made outside of new zealand as per immigration instruction e7. No right for person unlawfully in new zealand to apply for visa. Teitiota applied for refugee status under part 5 of the immigration act 2009. Bills are proposals to make a new law or to change an existing one. Immigration new zealand operational manual border entry. New zealand immigration laws provide a framework for us to manage immigration in a way that balances our national interests with our international obligations, protecting both new zealanders and migrants. Immigration new zealand formerly the new zealand immigration service, is the agency within. Preparing a statutory declaration to oio land information. Sponsorship form for visiting new zealand inz 1025 supporting information for a visitors visapermit application who can sponsor a visitor. Immigration new zealand, the government agency in charge of refugee policies and procedures, processes and decides cases based on certain factors. With each passing year an increasing number of students from india travel to new zealand to pursue higher studies, drawn to a large extent by the highly regarded universities of the country.
These visas are classified as work visas, study visas, visit visas and much more. The family remained in the country illegally following the expiration of their visas in october 2010. The sections y3 and y4 have been certified as temporary entry and residence instructions as described in sections 22 or 23 of the 2009 act. To be a sponsor you must be a relative or a friend of the visitors you are sponsoring, and you must be a new when your statutory declaration has been authorised, zealand citizen or the holder of a new. The immigration act 2009 has now been in force for three years and the immigration and protection tribunal has made a significant number of decisions. Guide for resident and former resident visa holders inz. It gives an overview of whats happening, and gives an introduction to the other factsheets, which include. Meaning of granting visa or entry permission as result of administrative error.
If section 491 conditions have not been complied with at the twoyear anniversary check and at the end of the required investment period, the resident visa holder may become liable for deportation under section 159 of the immigration act 2009. Any person who is in new zealand contrary to a above is considered to be in new zealand unlawfully. But there is another, often downplayed, reason why students are heading to new zealand in large numbers it is the. Offering a job to a migrant immigration new zealand. Ordinarily resident is a conjunctive test you must hold a residence class visa granted under the immigration act 2009 and either be domiciled. Inz, formerly the new zealand immigration service, is the agency within the new zealand ministry of business, innovation and employment mbie that is responsible for border control, issuing travel visas and managing immigration to new zealand. Furthermore, any involvement of the human rights commission in matters of immigration to new zealand would be removed part 11, clause 350. New changes brought by the immigration act 2009 of new zealand. New zealand is a signatory to a number of international protocols and conventions which are aimed at conserving animals. Guide for resident and former resident visa holders march 2014 7 a list of countries new zealand has double tax agreements with can be found at. No one other than a new zealand citizen may be in new zealand unless that person holds or is deemed to hold a current visa granted or deemed to have been granted under the immigration act 2009. A person who is in new zealand to study under a new zealand government approved exchange programme at a tertiary education provider. The key changes factsheet is a good place to start. Customs is aware that there are companies offering these items online for sale in new zealand, including some offshorebased websites claiming to represent companies based in new zealand.
This is the revised long term skill shortage list, effective from 27 may 2019. Download and complete the employer supplementary form note. Our passion is to use our skills and expertise in immigration law to help make your dreams a reality. Chapter 2 the impact of international law on immigration and refugee law in new zealand. New zealand immigration us immigration lawyer, law. This was for people whose circumstances were causing them emotional or physical harm. Waiver of requirement for visa permitting travel to new zealand in certain cases. Immigration new zealand inz will use the information you provide in this app about yourself or others, including photographs, to assess nzeta requests. Dec 18, 2019 the legal stuff immigration new zealand inz will use the information you provide in this app about yourself or others, including photographs, to assess nzeta requests. If you have new and compelling information which has not been considered by inz, you may submit a further application. Investment in new zealand you have been approved residence under the investor category and met any conditions imposed under section 491 of the immigration act 2009, or you. Under the immigration act 2009, a visa is an authority for an individual to travel to, or stay in new zealand under the immigration act 1987 a visa only allowed you to travel to new zealand and a permit allowed you to stay. Southland information for new migrants new zealand now.
We take our role as legal advisors seriously and we will always base our advice on your best interests. Each bill goes through several stages, giving mps and the public the chance to have their say. Immigration new zealand offers a free information service for all new migrants available throughout the country. Prohibited and restricted items new zealand customs service.
You can call the immigration new zealand contact centre on. Visit us to find out how to apply for a visa, to visit, study, work or live in new zealand. Toi ohomai institute of technology new zealand immigration advice refresher course the aim of this course is to refresh graduates of the graduate certificate or graduate diploma in new zealand immigration advice or previously licensed immigration advisers knowledge of current immigration practices including immigration law and instructions. The immigration amendment act 1991 replaced the occupational priority list with a points system. You can change your own name in new zealand if youre over 18 and a citizen or permanent resident. The new immigration act, which passed into law in 2009 replacing the 1987 act, is aimed to enhance border security and improve the efficiency of the immigration services. The immigration system in new zealand is governed by the immigration act 2009 and associated regulations, particularly the immigration visa, entry permission, and related matters regulations 2010. Under the immigration act 2009 and the immigration visa, entry permission, and related matters regulations 2010 passport holders of the following 60 jurisdictions may travel to new zealand without obtaining a visa for up to 90 days. Prohibitions and restrictions new zealand customs service. The fact that an application for reconsideration has been made under this section does not of itself entitle the applicant to remain in new zealand after the. Ah yes, its summer down here in the southern hemisphere but more on that in a moment. Meaning of unlawfully in new zealand in relation to person.
Specific rules and criteria for different visas are set out in immigration instructions, which are contained in the immigration new zealand. New zealand education providers commit an offence if they allow, or continue to allow, students to study in new zealand knowing theyre not entitled to. We offer expert legal counsel to clients seeking immigration advice. Parliament sought to act on the amendments by the end of 20, but postponed action until late 2014. Employer checklist for employing a migrant worker in new zealand. In most years about 10% entered new zealand under this category. New zealand refugee quota programme, inz last visited june 14, 2016. New terminology and concepts outlines, for example, how. Throughout history many people from around the world have chose new zealand as the place they want to start a new life.
As an employer, you have an obligation under the immigration act 2009 to check if a potential employee has the legal right to work for you in new zealand before they commence employment. Determine if a person is ordinarily resident in new zealand. You can also find out what you need to do to give immigration advice, and get information for medical professionals, carriers, and tourism and event organisations. Welcome to the new zealand governments official immigration website. You can also request an nzeta to get approval to board a plane to new zealand.
This section contains information on preparing a statutory declaration to. The transtasman travel arrangement is an arrangement between australia and new zealand which allows for the free movement of citizens of one of these countries to the other. Immigration new zealand is part of the ministry of business, innovation and employment mbie. Determine if a person is ordinarily resident in new zealand land. New zealand immigration law is based in henderson, auckland. New zealand does not have a comprehensive antitrafficking law that prohibits all forms of trafficking, and the parliament has yet to approve proposed amendments to conform the definition of trafficking to international law. Welcome to the website for the new zealand visa application centre in singapore. The importation of the antarctic toothfish and patagonian toothfish into new zealand is prohibited under customs import prohibition toothfish order 2009 unless the importer has a valid catch document.
Zaoui v attorneygeneral no 2 was decided in 2005, and focused heavily on the application of the immigration act 1987. The immigration act is clear that employers must not hire migrants who are not entitled to work for them. The immigration and protection tribunal ipt is an independent body that hears appeals from decisions made by immigration new zealand, including those of refugee and protection officers within the refugee status branch. New zealand s immigration act 2009 reflects certain protection obligations under international law by providing that a person may receive protection as a refugee within the meaning of the refugee convention immigration act. Lo ng term skill shortage list immigration new zealand. Passport information foreign embassies and consulates in new zealand new zealand embassies abroad. The legal stuff immigration new zealand inz will use the information you provide in this app about yourself or others, including photographs, to assess nzeta requests. Immigration lawyers consultants in auckland, new zealand. Part 1 visas corresponding to visas held under former act by persons who are outside new zealand.
Visit us to find out how to apply for a visa or nzeta, employ migrant workers, and assist students and refugees. It is a relatively safe environment and is generally located under the political radar screen. Chapter 4 requirements to be legally in new zealand the requirement to hold a visa. Read it in conjunction with the relevant provisions of the immigration act 2009, the immigration.
This section contains information on preparing a statutory declaration to oio jump to content land information new zealand. Download this free official new zealand government app and use it to. A visa has conditions that indicate what the holder of the visa. If you are interested in learning more about the march 2008 new zealand conference follow this link to learn more. Part b registration application sr3 maritime new zealand. Moreover these visas allotments based on new zealand law and rules.
A person who has been recognised as a refugee or a protected person in accordance with part 5 of the immigration act 2009, and whose application for residence is being processed. It was established in 1991, and was replaced by the immigration and protection tribunal in 2010. Immigration bill 23, as reported from the committee of the whole house on tuesday 20 october 2009, printdownload pdf 9. Ordinarily resident is a conjunctive test you must hold a residence class visa granted under the immigration act 2009 and either be domiciled or residing in new zealand with the intention of residing here indefinitely, having done so for the immediately preceding 12 months.
Definition of a domestic student in new zealand education in new. Immigration new zealand operational instructions and do not constitute immigration instructions as described in section 22 of the immigration act 2009. I am an individual of the kind referred to in section 15 or 16 of the immigration act 2009 but a special direction referred to in section 171a of. Immigration into the beautiful country of new zealand is a very popular thing at the minute. The new zealand refugee status appeals authority or rsaa, was an independent authority that heard the appeals of people who had been declined refugee status by the refugee status branch of the new zealand immigration service. Immigration act 2009 new zealand education providers commit an offence if they allow, or continue to allow, students to study in new zealand knowing theyre not entitled to. New zealand certificate of carpentry level 4 or higher and the new zealand certificate in construction. This site provides information on procedures applicable to singapore, malaysia, brunei, maldives and the seychelles and nationals of other countries who are lawfully residing in these countries who wish to apply for a visa to travel to new zealand. Under the immigration act 2009, a visa is an authority for an individual to travel to, or stay. The arrangement came into effect in 1973, and allows citizens of each country to reside and work in the other country, with some restrictions. Since then parliament has made updates to the law with the passing of the immigration act 2009, and the courts have seen a rise in the deployment of international law arguments in domestic litigation.
Information may also be used to improve inzs services and administration of the immigration act 2009. In their website these rules are government immigration instructions as described in section 22 of immigration act 2009. Illegal vaporisers are liable to be seized when they are imported. New zealand immigration advice refresher course toi. Part 5 of the immigration act 2009 provides the statutory basis for new zealands refugee and protection programs. Immigration act 1987 continues in relation to certain matters and for certain purposes. An official government website where you can read and download new zealand laws including the immigration act. Immigration instructions classified as residence instructions, temporary entry instructions, or transit instructions. No right for person unlawfully in new zealand to work or study. Immigration act 2009 no 51 as at 29 october 2019, public. Confidentiality as to the fact that a person is a claimant, a refugee, or a protected person, and as to the particulars relating to the persons claim or status, must at all times during and subsequent to the determination of the claim or other matter be maintained by all persons and, in a particular case, may require confidentiality to be maintained as to the very fact or existence of a.