A. Pursuant to section 57(3) of the Immigration Act 2009, I waive by special direction, the prescribed requirement under regulation 10(2)(e)(iii) of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 for certain applicants for a Recognised Seasonal Employer (RSE) Limited Visa (as outlined in paragraph B) to provide a Chest X-Ray certificate.
B. Pursuant to section 57(5) of the Immigration Act 2009, the waiver of the application requirement to provide a Chest X-Ray certificate applies to persons who are:
- currently in New Zealand holding a Recognised Seasonal Employer Limited Visa; and
- applying for a further Recognised Seasonal Employer Limited Visa; and
- travelled from, and are ordinarily resident in Samoa, Tonga or Vanuatu.
I am satisfied that the making of this special direction is reasonably necessary to manage the effects, or deal with the consequences of, the outbreak of COVID-19 and its impact on the horticulture and viticulture industries. RSE workers remain unable to repatriate home and are required to apply for further visas onshore which has been compounded by the community outbreak of COVID-19 and repatriation flights to the Pacific continue to be cancelled. Waiving this requirement will streamline the visa application process and facilitate the process to keep impacted workers lawfully in New Zealand while they await repatriation and in paid employment. In addition, there are lower numbers of RSE limited visa holders in New Zealand than previous seasons, and continued difficulties for employers meeting labour requirements. Waiving the requirement to provide a Chest X-Ray would also streamline the application process, which would facilitate the ability for RSE workers to be relocated to regions and employers where there is critical need, which is a key commitment of the RSE approved class of worker border exception.
This special direction expires 31 August 2022 unless revoked earlier.
Dated this 28th day of September 2021.
Hon KRIS FAAFOI, Minister of Immigration.
The effect of this special direction is to streamline the application for a Recognised Seasonal Employer Limited visa for onshore Recognised Seasonal Limited visa holders who are from Samoa, Tonga or Vanuatu by waiving the prescribed application requirement of applying with a valid Chest X-Ray Certificate.