Master prompt
Interim visa advisory — Section 78 work, study, and travel rights (NZ)
Client lodged a visa application in-time and INZ issued an interim visa under Section 78. Map work/study rights, travel restrictions, and decision-day scenarios.
New ZealandVisa extensionInterim visaSection 78Implied status
[CLIENT_NAME] lodged a visa application on [APPLICATION_LODGED_DATE] before [PRIOR_VISA_EXPIRY]. INZ has likely issued (or will issue) an INTERIM VISA under Section 78 Immigration Act 2009.
§1 — WHAT INTERIM VISA IS
Section 78 Immigration Act 2009:
• INZ "may" grant an interim visa to a person who has lodged a temporary entry class visa application before their current visa expires
• Designed to keep applicant lawful while INZ processes the application
• Issued on a case-by-case basis (not automatic, but common practice for valid in-time applications)
• Validity: typically up to 6 months OR until decision on substantive application (whichever first)
• Conditions: usually SAME as conditions of the prior visa
Operational Manual A12 (interim visas) sets out the framework.
§2 — INTERIM VISA CONDITIONS BY PRIOR VISA TYPE
If [PRIOR_VISA_TYPE] is Visitor:
• No work permitted (V3.5)
• No study > 3 months (V3.10)
• Cannot leave NZ + return on interim visa (Section 78A: most interim visas single-entry)
If [PRIOR_VISA_TYPE] is Student:
• Continue study at [EMPLOYER_OR_PROVIDER]
• Work limits: 20 hours/week term + full-time vacation (per prior visa)
• Insurance must continue
If [PRIOR_VISA_TYPE] is AEWV:
• Continue work for [EMPLOYER_OR_PROVIDER] (must be same accredited employer)
• Same role + same hourly rate
• Cannot start new employer until new AEWV grant
If [PRIOR_VISA_TYPE] is Partner:
• Continue cohabitation; partner work right continues
§3 — INTERIM VISA TRAVEL RIGHTS — No
CRITICAL: Most interim visas are SINGLE-ENTRY. Departure ends interim visa OR triggers complications:
If interim visa is granted with multiple-entry travel: rare; check visa label
If interim visa is single-entry (typical):
• Departure cancels interim visa
• Cannot re-enter on interim visa
• Re-entry requires waiting for substantive visa decision + applying for new visa from abroad if needed
• Alternative: apply for a Variation of Travel Conditions on interim visa (uncommon to be granted for travel during processing)
If No indicates yes:
• Risk: client outside NZ during pending decision
• If application is granted while abroad: substantive visa issued; client returns on substantive
• If application is declined while abroad: client outside NZ + can apply offshore (no Section 61 issue)
• Decision can be delayed if client unreachable for further info
Recommendation table:
• No = "Yes" → discuss timing; postpone if possible; otherwise plan for offshore decision
• No = "Possibly" → wait if decision < 60 days
• No = "No" → confirm; document
§4 — HEALTHCARE + IRD + DRIVING LICENCE
• Public health (DHB): generally tied to visa class + duration; check eligibility
— AEWV holders: typically eligible for public health if 2+ years
— Students: must hold private insurance; public health limited
— Visitors: emergency only
• IRD: tax obligations continue based on residency; update employer of interim visa
• NZTA driver licence: NZ driver licence valid for duration of visa; carry interim visa confirmation
• KiwiSaver: continues on interim visa for working migrants
§5 — DECISION DAY SCENARIOS
When INZ decides the substantive application:
Approved:
• Substantive visa label / eVisa issued
• Interim visa supersedes / replaced
• New conditions in effect
• Update employer / education provider / IRD
Approved with different conditions:
• E.g. shorter validity than requested, additional conditions
• Reconsideration under Section 185 available within 14 days IF onshore
Declined:
• Interim visa ENDS on decision
• Client must depart within stated deadline (typically 14-28 days) OR
• Request Section 185 Reconsideration within 14 days
• OR Appeal to IPT on humanitarian grounds if eligible
• Beyond grace period: unlawfully in NZ → Section 61 territory
§6 — RED FLAGS TO MONITOR
• Section 27 information request (further docs needed) — respond within stated window (typically 14-28 days); failure = decline
• Risk flag during processing (Section 49 review for breach) — disclose
• Application returned for incompleteness — interim visa may end; re-lodge if [PRIOR_VISA_EXPIRY] not yet passed
• Identity update (passport renewal during processing) — notify INZ via online account
• Address change — update via online account within 7 days (good practice)
§7 — VARIATION OF TRAVEL CONDITIONS
If client wants to travel during interim visa:
• Apply for Variation of Travel Conditions before departure
• Fee NZD $215 // verify
• Discretionary; granted in genuine + compelling circumstances (family event, medical, work)
• Even with travel conditions varied: still risky; substantive decision may issue during travel
End with: "DRAFT NZ interim visa advisory — for IAA-licensed immigration adviser review. Verify current Section 78 interim visa policy (Operational Manual A12); confirm travel-condition rules; cross-check conditions on [PRIOR_VISA_TYPE] before issuing to client. Travel during interim visa is the most common cause of stranded clients in NZ."Unlock the vault to see the full prompt