Lawfully resident and present in New Zealand

Generally, a person must be both lawfully resident and present in New Zealand to meet the residence criteria for financial assistance from MSD.

Note lawfully resident is about legal residence status and is different to ordinarily resident.

To be lawfully resident and present in New Zealand means a person:

• is either a New Zealand citizen or
• holds or is deemed to hold a valid residence class visa or
• holds a valid temporary entry class visa that allows them to live in New Zealand and
• has been granted permission by Immigration New Zealand to enter New Zealand (unless their visa was granted in New Zealand) and
• is physically in New Zealand

People with recognised refugee or protected person status under the Immigration Act 2009 must have a valid visa or have been granted entry permission to be considered lawfully resident and present in New Zealand.

Note in some situations a person can keep getting financial assistance from MSD when they are absent from New Zealand for a temporary period. Some people who are living overseas may also qualify for assistance under a reciprocal agreement or portability provisions.

A New Zealand citizen can enter and live in New Zealand, the Cook Islands, Tokelau, or Niue indefinitely. There is no limitation on the length of stay.

People who do not qualify for New Zealand citizenship by birth may still be able to get citizenship by grant or descent.

A residence class visa holder can generally enter and live in New Zealand indefinitely. There is no limitation on the length of stay, but they may have conditions attached to their visa. For example, conditions about how often and for how long the holder can travel outside of New Zealand over a stated period of time.

A residence class visa is valid if it has not expired or been cancelled. A person can verify the details of their visa with Immigration New Zealand.

A temporary entry class visa holder can enter New Zealand but can only stay temporarily. They are only permitted to stay for the duration and purposes indicated on their visa.

A temporary entry class visa is valid if it has not expired or been cancelled. A person can verify the details of their visa with Immigration New Zealand.

Temporary entry class visa holders are considered lawfully resident in New Zealand. However, they generally do not qualify for assistance from MSD unless they have specific circumstances.

Note to qualify for some types of employment assistance, temporary entry class visa holders must have a visa that allows them to work in New Zealand.