Which Non-Residents may apply to come to New Zealand despite Border Closures?

Thursday 23 July 2020

                                                                  Which Non-Residents may apply to come to New Zealand despite Border Closures?

Those who can come without seeking approval

New Zealand citizens and residents with valid travel conditions may travel to New Zealand without first seeking approval. Similarly, partners and dependent children of any New Zealand citizens or residents who hold a Visa based on their relationship with a New Zealand citizen or resident may travel to New Zealand without seeking approval.

Those who need approval to come

Apart from the above persons, the following non-residents may apply for approval before travelling to New Zealand:

1. Partners and dependent children or legal guardians of New Zealand citizens or resident who do not hold a Visa based on their relationship with the New Zealand citizen or resident and they either:

1. • Are travelling with their New Zealand citizen or resident family member; OR
   • Ordinarily reside in New Zealand.
2. Australian citizens and permanent residents who normally live in New Zealand;
3. Critical health workers;
4. Partners and dependent children of a work/student/Visitor Visa holder in New Zealand who hold a valid Visa and are normally resident in New Zealand;
5. Critical humanitarian travel;
6. Samoan and Tongan citizens making essential travel which have been agreed to by both the New Zealand Ministry of Foreign Affairs and Trade and their government;
7. Other critical workers.

I will set out the criteria for the residents for the main categories in the following.

Partners and Dependents of New Zealand citizens and residents

If you do not have a Visa based on your relationship with a New Zealand citizen or resident, you must request a border exception. Your request will only be approved if you either ordinarily live in New Zealand or if your New Zealand citizen partner travels with you.

The same applies to any dependent children of New Zealand citizens or residents.

Critical Health Workers

Critical health and disability workers are current or new employees who hold a key position required to deliver critical services within the New Zealand health and disability systems. Any new workers must have a start date between March and 31 August 2020.

Critical health and disability workers are those employed by one or more of the following:

1. District Health Board;
2. The New Zealand Blood Service;
3. Hospice or Palliative care;
4. Primary care practice such as urgent care or health care centres;
5. Aged Residential Care, respite or continuing care facility. This includes care in a person’s home or community facility.;
6. A non-government organisation (NGO) delivering health and disability services;
7. Organisations that provide, operate, and maintain medical equipment;
8. Private employers delivering health and disability services.

Critical health and disability workers are:

• Registered health practitioners as set out in the Health Practitioners Competence Insurance Act 2003. These include all registered health professionals such as doctors, nurses, occupational therapists, optometrists, pharmacists, physiotherapists, psychologists, and midwives;
• A worker that installs and maintains medical equipment;
• Paramedics and ambulance drivers;
• Technical and support staff working in different parts of hospital and mental health, aged care, and other health and disability facilities.

In addition, internationally qualified nurses with an invitation to come to New Zealand from the Nursing Council and verified involvement in a Competence Assessment Programme which starts before 31 August 2020 are also considered critical health workers.

Note that partners and dependent children of these critical health workers are also included.

Importantly, the workers must be offered a position before 31 August 2020.

Partners and Dependent Children of New Zealand work, Student, or Visitor Visa Holders

This exception is applicable only for partners and dependent children who already hold a work, student, or Visitor Visa, and who normally live in New Zealand. Their partner or parent must also be in New Zealand.

Other Critical Workers

These requests are considered on a case-by-case basis and will only be granted in very specific and limited circumstances. Holding an Essential Skills Work Visa is not sufficient to qualify as an “other critical worker”. In essence, the threshold for “other critical worker” is high. They have to either:

1. Have unique experience in technical or specialist skills not obtainable in New Zealand; or
2. Be undertaking a time critical role essential for the delivery of major government or infrastructure projects or a project which has significant wider benefit to the national or regional economy.

If you are interested in this, please discuss with us in detail.

Humanitarian Exceptions

Again, the threshold for the exception is very high. Approval will only be given in extremely limited cases taking into account the following factors:

• Connection to New Zealand, the applicant’s primary place of residence and their current location;
• How long they have been away from New Zealand;
• What other options available to the applicant;
• The impact of not giving an exception.

Anyone applying under this category for the purpose of receiving medical treatment must receive approval from the Ministry of Health or District Health Board before submitting a request for an exception.

Process to Request an Exception

The applicant must submit an Expression of Interest using the online request form. If their request is assessed to fit within the criteria, then they will be invited to apply for travel to New Zealand and provide the relevant information.

Conclusion

The threshold for granting an approval under any of the above is very high. It is likely that anyone granted any of the approvals will be required to meet the cost of quarantine. This is different from returning New Zealand citizens and residents and their partners and dependents who have a current Visa based on their relationship with a New Zealand citizen or resident. They do not require approval to return.

Teresa Chan

20 July 2020

This article is for general use only. Advice should be sought for specific circumstances. Please consult Teresa Chan at Teresa Chan Law Limited, Level 3, Westpac Building, 106 George Street, Dunedin 9016, ph. 477 1069, or email teresa@tchanlaw.co.nz