Contents
Residence : Contents

Compelled to remain in New Zealand

Temporary entry class visa holders generally do not meet the residence criteria for financial assistance from MSD.

However, a person in this situation may meet the residence requirements for specific assistance if they are:

  • applying for a residence class visa and
  • compelled to stay in New Zealand due to unforeseen circumstances

Note people applying for a residence class visa who are compelled to remain in New Zealand do not need a valid temporary entry class visa to meet the residence requirements for specific assistance. However, they must meet all other qualifications to get financial assistance from MSD.

Strong and compelling reasons

These circumstances must relate to a serious and unforeseen reason that prevents them from leaving New Zealand, for example life-maintaining medical treatment.

Note it is not possible to detail every circumstance under which this may occur as this will depend on the person's individual situation. However, there must be very strong and compelling reasons why the person is unable to leave New Zealand.

Lack of funds is generally not regarded as a reason for not being able to leave. When the person originally arrived in New Zealand, a condition of their entry would have been an air ticket to another country (that is, the ability to leave New Zealand).

Note temporary entry class visa holders may also meet the residence requirements for specific assistance if they are awaiting the outcome of their application for refugee or protected person status.

For more information see:

Legislation

  • Refugee or protected person status section 205 Social Security Act 2018
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A protected person under the Immigration Act 2009 means a person recognised as a protected person in New Zealand under the:

Legislation

A refugee means a person recognised under the Immigration Act 2009 as:

or

Legislation

A residence class visa means a:

A residence class visa allows people to live in New Zealand indefinitely. The visa also lets people work and study in New Zealand. There are different travel conditions based on the type of residence class visa.

Residence class visas are granted by Immigration New Zealand.

For the purpose of deciding if a person meets the residence criteria for financial assistance from MSD, people who ...

Temporary entry class visas are issued to people who have arrived in New Zealand legally, but are only allowed to stay for a temporary period for the duration and purposes indicated on the visa.

A temporary entry class visa means:

Legislation