Here is what makes individuals ineligible for a residence class visa (resident visa or permanent resident visa). In other words, we will discuss under what circumstances foreign individuals cannot make it to obtain a New Zealand residence class visa or an entry permission to enter the Kiwi country. Let us proceed:

• Residence class visa application from individuals described in New Zealand Immigration Act 2009 Sections 15 or 16 are declined, since they are not eligible to be granted the visa or entry permission to NZ, however, with exceptions where:

1. An individual is otherwise acceptable for the grant of a visa or entry permission under special Directions Instructions (Section 17, Immigration Act 2009), which state that requests for special direction are limited to individuals described by the Sections 15 or 16 (who are not eligible for a RESIDENCE CLASS VISA) of the Immigration act 2009. Under the following conditions, an individual maybe invited to request for a special direction by the INZ:
   (a) If there are adequate grounds to be taken into consideration for granting a residence class visa to an individual who is deemed ineligible for a visa; and
   (b) Under exceptional cases, for example, that of a humanitarian nature, where, except for the Sections 15 or 16, the individual is otherwise acceptable for the grant of a residence class visa under residence instructions.

   For the knowledge, individuals described in the Section 15 or Section 16 of the NZ Immigration Act 2009 are not even eligible to be issued with a TEMPORARY ENTRY CLASS VISA to New Zealand.

Let us look into the details of the Section 15 of the Immigration Act 2009. Or, who are the people ineligible for a visa or entry permission to NZ under the section:

• An individual who has been found guilty of any offense, thereby awarded with imprisonment of at least 5 years or over at any point, irrespective of the time, before or after commencement of the NZ Immigration Act 2009; OR
• An individual who at any time within the preceding 10 years, irrespective of the time before or after the commencement of the NZ Immigration Act 2009 has been found guilty of any offense, thereby awarded with imprisonment of 1 year or more; OR
• An individual who is subject to banishment from entering New Zealand for a certain period under the Section 179 or Section 180 of the Immigration Act 2009; OR
• An individual who at any time, irrespective of the time, before or after the commencement of the NZ Immigration Act 2009 has been deported from the Kiwi country under any enactment. HERE IS A NOTE: This clause does not apply to the following individuals;
  1. Who were deported from the country under Section 158 of the Shipping & Seaman Act 1952; OR
  2. Who faced deportation order under Section 54 of the Immigration Act 1987 (if the order has expired); OR
  3. Who were deported under the Immigration Act 2009, in case the relevant banishment to enter NZ under the Section 179 or Section 180 has expired; OR
  4. Who were deported from the Kiwi country under the Section 20 of the Immigration Act 1964, based on the grounds of being found guilty of an offense against Section 14(5) or Section 15(5) of the same Act.

• An individual who is excluded from the Kiwi country under any enactment; OR
• An individual at any time has been deported or excluded from any other country.
  1. is excluded from New Zealand under any enactment; or
  2. has, at any time, been removed, excluded, or deported from another country.

The following describes the people ineligible for a visa or entry permission to enter NZ under the Section 15 of the Immigration Act 2009.

• An individual who is likely to commit an offense in the Kiwi country which may end up in imprisonment; OR
• An individual who is likely to be a risk to the security of the Kiwi country; OR
• An individual who is likely to be a risk for the country’s public order; OR
• An individual who is likely to be a risk to the country’s public interest; OR
• An individual who is a member of the Terrorism Suppression Act 2002 –designated terrorist entity.

NOTE: Individuals who are described in the Sections 15 and 16 of the NZ Immigration Act 2009 must be (when they need) granted with entry permission into New Zealand, if they possess;

• A permanent resident visa of New Zealand; OR
• A resident visa granted in New Zealand; OR
• A resident visa holder arrives the country for a second/subsequent time as a holder of the visa.

If you are interested in applying for a residence permit to New Zealand, mail following information ASAP at [email protected] for a free of charge assessment by Ajay Sharma, principal consultant, ABHINAV.

• Your updated resume if skilled professional, or if businessmen, then brief on business profile along with information on your current personal net worth.
• If married, provide the resume for your spouse as well.
• If applicable, please provide information on children and their age.
• Information on any blood relatives residing in New Zealand. This is not a compulsory requirement to qualify for immigration to New Zealand, but serves as additional positive assessment and suitability factor.