Generic Temporary Entry Instructions: Variation of Conditions Rules (IAC 13/03 & Operational Manual Section E3.25.1)

Policy effect

Relocated and amended rules governing Variations of Conditions (VoC) across all temporary entry class visas (migrating provisions from the Work chapter to Generic Temporary Entry instructions at E3.25.1). Introduced a mandatory rule under E3.25.1(c) barring approval of any VoC unless the proposed conditions continue to meet the underlying objectives of the instructions under which the original visa was granted (e.g., student, work, visitor). Specifically restricted Essential Skills VoC approvals without new labour market testing solely to cases where the employer is the only condition changing or the new occupation appears on the Essential Skills in Demand lists. Phase scope: System-wide application for all temporary visa holders applying for variations of visa conditions.

Conditions and exceptions

Validated condition or limit: Introduced a mandatory rule under E3.25.1(c) barring approval of any VoC unless the proposed conditions continue to meet the underlying objectives of the instructions under which the original visa was granted (e.g., student, work, visitor).; Specifically restricted Essential Skills VoC approvals without new labour market testing solely to cases where the employer is the only condition changing or the new occupation appears on the Essential Skills in Demand lists.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… clarity as to the N circumstances where someone can or cannot vary the conditions of their temporary entry class visa. This circular supersedes the instructions regarding variations of conditions in IAC 09/05 Work Policy and Changes in the Labour Market dated 17 July 2009. O N Varying the conditions of temporary visas from 8 April 2013 IS 2. Holders of temporary visas are able to make a request for a Variation of Conditions (VoC) (see E3.25.1 Varying the conditions of temporary entry class visas) to change E the conditions of their visa. These instructions were previously in the work chapter of … C the Operational Manual and have been moved to the generic temporary entry chapter to reflect that these instructions are applicable to any type of temporary entry class VI visa. AD 3. A new provision has been added at E3.25.1(c) that a VoC application must not be approved unless the new conditions will continue to meet the objectives of the instructions that the original visa was granted under, i.e. work, student or visitor IS visa. For example, an applicant who holds a work visa granted under the Graduate TH Work Experience work instructions will need to satisfy an immigration officer that … their new offer of employment is relevant to the qualification they provided to obtain their initial work visa. If the varied conditions will not meet the objectives of the original instructions a new work visa application is required. Varying the conditions of work visas 4. Immigration instructions now allow work visa holders to request to change their employer and/or their occupation and/or their place of employment. The place of employment is usually defined as the region/area where their employer is located e.g. Auckland or Wellington provided that E3.25.1(c) is met. 5. However in the case of Essential Skills work visa holders (E3.25.1 (d)), a variation of conditions can only be granted if: T • R the applicant’s employer is the only condition being varied or R • EN the new occupation is on one of the Essential Skills in Demand lists and the applicant meets the requirements of the list (in this case multiple visa conditions can be varied) CU 6. In all other Essential Skills cases, the applicant must submit an application for a new work visa and meet labour market testing requirements. See the examples below for further guidance. Example 1: ER An applicant who holds an Essential …

Review method

Two separate automated exact-claim source reviews

Other New Zealand changes operative in 2013

• 2013-02-19Temporary visa condition-variation fee expanded beyond travel conditions
• 2013-06-19Aiding unlawful-entry offence expressly includes fraudulent visa and entry-permission cases
• 2013-06-19Judicial review restricted to final Tribunal outcomes and court leave
• 2013-06-19New Zealand introduces judicial mass-arrival detention warrants
• 2013-06-19Oral-hearing exception broadened for subsequent refugee and protection appeals
• 2013-06-19Significant-change threshold extended to subsequent protected-person claims
• 2013-11-15Visa Pak 137: Parent Category Sponsor Income Assessment Standards