Overview

The Migration Regulations 1994 (Migration Regulations), were enacted to provide the legislative framework for the administration of the Migration Act 1958. The Migration (LIN 19/058: Arrangements for Special Category Visa Applications) Instrument 2019 was introduced to address the need for an updated process for New Zealand citizens applying for a special category visa. This instrument was made by the Minister for Immigration and Border Protection under the authority conferred by subregulation 2.07(5) of the Migration Regulations. The policy objective of the instrument is to facilitate a new online process allowing New Zealand visa applicants to complete a digital version of Form 15 (the incoming passenger card) and to request an appointment to visit a Departmental office and lodge their visa application in person. This replaces the previous process which specified only the paper Form 15, for the purposes of subitem 1219(1) of Schedule 1 to the Regulations. The instrument aims to streamline the visa application process for eligible New Zealand citizens.

Scope and Application

The Migration (LIN 19/058: Arrangements for Special Category Visa Applications) Instrument 2019 applies to three specific cohorts of New Zealand citizens seeking to obtain a special category visa under the Migration Regulations 1994. These cohorts include applicants holding a special purpose visa, applicants without any current visa, and applicants holding a temporary visa excluding special purpose visas. The instrument governs the approved form for these visa applications, the specific locations, and the manner in which the applications must be made. This regulation is designed to facilitate a new online process that allows applicants to complete a digital version of Form 15 (the incoming passenger card) and schedule an appointment to submit their visa application in person at a Departmental office. The instrument is a minor, administrative change that does not significantly alter existing arrangements and was not subject to consultation as it was deemed to be of a minor or machinery nature. It operates under the authority granted to the officer who made the instrument, as per the Minister – Delegations Instrument No. 5 of 2018. The instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights. It will come into effect on the day following its registration on the Federal Register of Legislation.

Key Provisions

The key sections of the Migration (LIN 19/058: Arrangements for Special Category Visa Applications) Instrument 2019 (F2019L00339) primarily revolve around the form and process for special category visa applications by New Zealand citizens, as outlined in subregulation 2.07(5) of the Migration Regulations 1994. This instrument repeals the previous instrument, IMMI 15/039 (F2015L00560), which specified the use of a paper Form 15 for visa applications. Instead, the current instrument introduces a digital version of Form 15 that applicants can complete online, facilitating a new process where applicants can request an appointment to visit a Departmental office to lodge their visa application in person (sections 2.07(5) and 1219(1)). Under the new instrument, there are specific obligations and requirements imposed on New Zealand citizens applying for a special category visa. The three cohorts of applicants—those holding a special purpose visa, those not holding a visa, and those holding a temporary visa (other than a special purpose visa)—must use the approved digital form to complete their application process. Each applicant must also follow the prescribed procedure of lodging their application in person at a Departmental office after scheduling an appointment through the new online system (subregulation 2.07(5)). This streamlined process aims to enhance efficiency and convenience for applicants, while ensuring that all necessary information is correctly captured and processed. Failure to comply with the provisions of this instrument may not necessarily lead to criminal or civil penalties, as the instrument is considered minor and of a machinery nature. However, non-compliance with the specified application process could potentially result in delays or complications in the processing of visa applications. The instrument’s minor nature means it does not substantially alter existing arrangements, and therefore, it does not require a Regulatory Impact Statement or a Statement of Compatibility with Human Rights (sections 33(3) and 15J(2)(e) of the Acts Interpretation Act 1901 and the Legislation Act 2003 respectively). The instrument commences on the day after its registration on the Federal Register of Legislation, and it is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. This means that, upon registration, the new provisions will immediately replace the repealed instrument, and New Zealand citizens must adhere to the new digital application process for special category visas.