New Zealand has a set of laws and regulations in place to ensure that the country remains a safe place for its residents and visitors. One such law is the Immigration Act 2009, which outlines the criteria for granting visas and entry permission to individuals.
In this blog post, we will discuss the concept of excluded persons and visa eligibility in New Zealand, along with the criteria that determine who can or cannot enter the country.
What are Excluded Persons?
Excluded persons are individuals who are not eligible for a visa or entry permission to enter or be in New Zealand. Section 15 of the Immigration Act 2009 outlines the criteria for excluded persons. These criteria include:
- Conviction for an Offence: If an individual has been convicted of an offence for which they have been sentenced to imprisonment for a term of five years or more, or for an indeterminate period capable of running for five years or more, they will not be eligible for a visa or entry permission.
- Previous Conviction: If an individual has been convicted of an offence for which they have been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more, within the preceding ten years, they will not be eligible for a visa or entry permission.
- Prohibition on Entry: If an individual is subject to a period of prohibition on entry to New Zealand under section 179 or 180 of the Immigration Act, they will not be eligible for a visa or entry permission.
- Deportation or Removal: If an individual has been deported or removed from New Zealand under any enactment, or if they are excluded from New Zealand under any enactment, they will not be eligible for a visa or entry permission.
- Previous Removal, Exclusion, or Deportation from Another Country: If an individual has been removed, excluded, or deported from another country at any time, they will not be eligible for a visa or entry permission.
It is essential to note that these criteria are subject to exceptions and conditions under section 17 of the Immigration Act 2009, which we will discuss in detail later.
Criteria for Certain Other Persons
Apart from excluded persons, there are certain other persons who are not eligible for a visa or entry permission to enter New Zealand. Section 16 of the Immigration Act 2009 outlines the criteria for these individuals. They include:
- Potential Offenders: If the Minister has reason to believe that an individual is likely to commit an offence in New Zealand that is punishable by imprisonment, they will not be eligible for a visa or entry permission.
- Security or Public Order Risks: If the Minister has reason to believe that an individual is, or is likely to be, a threat or risk to security, public order, or the public interest, they will not be eligible for a visa or entry permission.
- Terrorist Entity Membership: If an individual is a member of a terrorist entity designated under the Terrorism Suppression Act 2002, they will not be eligible for a visa or entry permission.
Exceptions to Non-eligibility for Visa or Entry Permission
- Special Direction: A visa and entry permission may be granted to an individual in accordance with a special direction.
- Section 83: A visa and entry permission may be granted to an individual in accordance with section 83 of the Immigration Act 2009.
- Permanent Resident Visa: The holder of a permanent resident visa, a resident visa granted in New Zealand, or a resident visa arriving in New Zealand for a second or subsequent time as the holder of a resident visa is eligible for entry permission.
- Partner or Dependent Child of a New Zealand Citizen or Resident: The partner or dependent child of a New Zealand citizen or resident may be eligible for entry permission, subject to meeting certain criteria.
- Humanitarian Reasons: Entry permission may be granted to an individual on humanitarian grounds, such as for medical treatment, family reunification, or to avoid significant harm.
Appeal Process
If an individual is deemed ineligible for a visa or entry permission, they may have the right to appeal the decision. The appeal process is outlined in the Immigration Act 2009 and is overseen by the Immigration and Protection Tribunal.
Conclusion
In conclusion, the concept of excluded persons and visa eligibility in New Zealand is a critical aspect of the country’s immigration laws. The criteria for excluded persons, certain other persons, and the exceptions to non-eligibility for visa or entry permission are outlined in the Immigration Act 2009.
It is essential to understand these criteria to ensure that individuals do not face any legal issues while entering or staying in New Zealand. If an individual is deemed ineligible for a visa or entry permission, they may have the right to appeal the decision. To know more, book a consultation with us.
