R2.40 Mandatory requirements for lodging an application for residence (04/04/2005)

Immigration Regulations 1999 regs 3, 4(1), 10(1)

For the purposes of residence policy, mandatory requirements are the requirements set out in the following paragraphs:

1. Applications must be made on the form Application for Residence in New Zealand, which must be completed to the extent necessary for the application being made, signed and accompanied by:
   1. 2 passport-sized photographs of the applicant, and
   2. an original or certified copy of the applicant's full birth certificate or, if this is unobtainable, an original or certified copy of an identity card, and
   3. the appropriate fee (if any), and
   4. any information and evidence required by the approved application form that shows that the principal applicant fits the category or categories of Government residence policy under which the application is being made, and
   5. a fully completed and acceptable medical certificate for the applicant that is less than 3 months old, and
   6. a fully completed and acceptable X-ray certificate for the applicant that is less than 3 months old (this requirement does not apply in the case of a pregnant woman or a child under the age of 11), and
   7. a police or similar certificate, less than 6 months old, indicating the applicant's record of convictions or lack of convictions for their country of citizenship and for each country in which they have lived for 12 months or more during the past 10 years (except for applicants under 17 and except where the authorities of any such country will not generally provide certificates), and
   8. any other information, evidence and submissions that the principal applicant considers show fully that they are eligible to be issued with a residence visa or granted a residence permit in terms of the applicable Government residence policy.
2. Applicants for residence visas must also provide a valid passport or travel document, or, if this is unavailable, a birth certificate or other identity document.
3. Applicants for residence permits must also provide a valid passport or certificate of identity, or, if this is unavailable, evidence of the applicant's current (see R2.40.1 below) permit or exempt status.

R2.40.1 Definition of 'current'

'Current' means, in relation to any document provided in support of an application or Expression of Interest, to meet:

1. mandatory requirements for lodgement of an application, or
2. other evidential requirements of Government residence policy,

that, at any relevant stage during the life of an application or an Expression of Interest (e.g. at the time an application or Expression of Interest is lodged, during assessment of the application or Expression of Interest and at the date of final decision on an application), that document is not expired.

R2.40.5 Authority to waive mandatory requirements

Immigration and visa officers may only waive those mandatory requirements for which they have delegated authority to make a special direction.

R2.40.10 Requests for applications to be lodged otherwise than on an approved form

Immigration Regulations 1999 reg 3A

1. The Immigration Regulations 1999 allow for applications to be made otherwise than on the approved form. The purpose of these provisions is to allow for applications for visas and permits to be processed rapidly (through the use of modern technology), where the decision to issue or refuse a visa or permit is straightforward and in an immigration and visa officers view, any verification requirements are minor in nature. Currently there are limitations on applications that may be lodged in this form (see E4.55.10).
2. Because of the complex nature of residence applications and the high level of verification required, requests to lodge residence visa and permit applications otherwise than on the approved form will be refused.

R2.40.15 Evidence of identity

1. Mandatory requirements (see R2.40 above) relating to proof of identity require applications to include full birth certificates for every applicant, which usually state:
   • the applicant's name, and
   • their date of birth, and
   • their place of birth, and
   • the names and occupations of their parents.
2. If a full birth certificate is unobtainable, the applicant may submit an original or certified copy of an identity card.
3. A full birth certificate is considered to be obtainable even if there is a possible delay or expense in obtaining it.

Effective 04/04/2005