Understanding Interim Visas

21 May

If you’ve applied for a new visa in New Zealand and your current visa is about to expire, you may automatically be granted an interim visa.

A lot of people are unsure about whether they can work, study, travel, or remain in New Zealand while waiting for a decision from Immigration New Zealand.

In this blog, I explain what you need to know about interim visas in New Zealand, including what conditions can apply, and the common mistakes people make while waiting for their new visa decision.

What is an Interim Visa?

An interim visa is a temporary visa that allows someone to remain lawfully in New Zealand while their new visa application is being processed.

It usually comes into effect automatically when:

You apply for another temporary visa before your current temporary visa expires; and
Your current visa expires before a decision is made on the new application.

The interim visa normally starts the day after your current temporary visa expires.

The purpose of an interim visa is to prevent people from becoming unlawful while waiting for Immigration New Zealand to process their application.

Not everyone will qualify for an interim visa, which is why it is important to understand your visa status and apply for further visas before your current visa expires.

Do You Have to Apply for an Interim Visa?

No.

In most situations, interim visas are granted automatically if you meet the requirements. Immigration New Zealand will usually send you an email confirming the conditions of your interim visa once it becomes active.

What Conditions Will You Have?

This is where many people get caught out.

Your interim visa conditions depend on:

The type of visa you held previously; and
The type of visa you have applied for.

Some people can continue working under the same conditions as their previous visa, while others may not have work rights at all.

You should never assume your interim visa gives you the same rights as your previous visa.

What Happens if Your Visa Application is Declined?

A lot of people assume they become unlawful immediately if their application is declined, but that is not usually the case.

If your further temporary visa application is declined within 6 months of your interim visa starting, the interim visa will generally expire 21 calendar days after the date of decline.

This 21-day period can be extremely important because it may allow time to:

Seek immigration advice;
Submit another visa application if eligible;
Prepare to leave New Zealand lawfully; or
Consider any other available options.

However, once the interim visa expires, you will become unlawful if you have not obtained another visa.

Can You Travel on an Interim Visa?

No.

An interim visa expires the moment you leave New Zealand. If you travel offshore while holding an interim visa, you may not be able to return unless you obtain another valid visa.

This is one of the biggest risks I see people overlook.

Common Mistakes People Make

Some of the most common issues I see include:

Applying for a new visa after their current visa has already expired;
Assuming they can continue working without checking conditions;
Booking overseas travel while on an interim visa;
Employers not understanding what work rights an interim visa holder has;
Not checking the actual interim visa approval letter;
Waiting until after a visa decline to seek advice.

Visa Application Timing

Visa timing can be critical.

Leaving applications too late can affect:

Your lawful status;
Your work rights;
Future residence applications; and
Employer compliance obligations.

Planning ahead is extremely important, especially if your visa pathway involves residence.

Conclusion

Interim visas can provide important protection while applications are being processed, but they are not all the same. The conditions attached to an interim visa are important and misunderstanding them can create serious immigration issues.

If you are unsure about your visa conditions, your work rights, or what options you may have if your application is declined, it is always better to get advice early rather than trying to fix problems later.