Notice Type
Departmental
Notice Title

Special Direction—Extension of Visas Held by a Class of Employer-Assisted Workers, and Their Partners and Dependants, to Manage Effects and Deal With Consequences of Measures Taken to Contain or Mitigate the Outbreak of COVID-19 or its Effects

Under section 78A of the Immigration Act 2009 (“Act”), by special direction, I extend the visas held by the following class of people (“Principal Visa Holders”):

  1. Every person who is in New Zealand on the date this special direction is signed and who holds a temporary work visa granted under the Religious Workers category of immigration instructions with an expiry date (or an event or period based expiry), as recorded in accordance with section 62(2)(c) of the Act, from the date this special direction is signed up to 31 December 2020 (inclusive); and
  2. every person who, on the date this special direction is signed, holds a temporary work visa granted under the Foreign Crew of Fishing Vessels category of immigration instructions with an expiry date (or an event or period based expiry), as recorded in accordance with section 62(2)(c) of the Act, from the date this special direction is signed up to 31 December 2020 (inclusive).

For the avoidance of doubt, visas that expire in accordance with section 63(2) of the Act are not included.

Their visas are extended for a period of six months from the date on which they would otherwise expire (for example, if a visa has the recorded expiry date of 31 December 2020, it will be extended to 30 June 2021 and expire on the beginning of 1 July 2021).

In addition, under section 78A of the Act, by special direction, I extend the visas held by the following class of people:

Every person who is in New Zealand on the date this special direction is signed, who holds a temporary visa as a partner or dependent of a Principal Visa Holder, and whose current visa has an expiry date, as recorded in accordance with section 62(2)(c) of the Act, from the date this special direction is signed up to 31 December 2020 (inclusive).

For the avoidance of doubt, visas that expire in accordance with section 63(2) of the Act are not included.

Their visas are extended until the earlier of:

  1. the expiry of the Principal Visa Holder’s visa as extended by this special direction; or
  2. the expiry of a period of six months from the date on which their visa would otherwise expire.

For example, if a person is onshore and holds a temporary visa as the partner of a Principal Visa Holder, both visas have a recorded expiry date of 1 October 2020, and the Principal Visa Holder’s work visa was extended for a period of six months from 1 October 2020 to 1 April 2021, then the visa of the Principal Visa Holder’s partner will also be extended until 1 April 2021.

I am satisfied that the making of this special direction is reasonably necessary to manage the effects, or deal with the consequences, of measures taken under the Act or any other enactment in New Zealand, and other measures taken elsewhere, to contain or mitigate the outbreak of COVID-19 or its effects. This special direction manages the short to medium-term effects on the labour market as a result of COVID-19, by allowing flexibility in immigration settings to mitigate the difficulty of recruiting adequate labour and skills while the border is closed. In respect of partners and dependants of Principal Visa Holders, given the current border restrictions, these visa holders face difficulty departing New Zealand. Given that the visas of the Principal Visa Holder have been extended, this special direction removes the need for their partners and dependants to make further applications.

This special direction expires on 31 December 2020 unless revoked earlier.

Dated this 11th day of September 2020.

Hon KRIS FA’AFOI, Minister of Immigration.

Explanatory Note

The effect of this special direction is to extend the visas of religious worker and foreign crew of fishing vessels work visa holders that expire between the date this special direction is signed and 31 December 2020 (inclusive) (principal visa holders). Their visas are extended for a period of six months from the date they would otherwise have expired. Religious worker visa holders must be in New Zealand on the date this special direction is signed.

This special direction also has the effect of extending the visas of people who are in New Zealand, who hold a temporary visa as the partner or dependant of a principal visa holder, and whose visas expire between the date this special direction is signed and 31 December 2020 (inclusive). Their visas are extended to bring them into line with the extension granted to the principal visa holder, or by six months, whichever period is shorter.