R5.20 Assessment of applications under nominated category

1. Visa and immigration officers need only assess applications under the category the principal applicant nominates.
2. Officers are not obliged to seek further information to determine whether the principal applicant may be eligible under another category.
3. However, officers should request further information to enable the application to be assessed under another category if:
   1. an application does not meet the criteria for approval under the policy category in which it was made, and
   2. information contained in the application form or accompanying documents clearly indicates that the principal applicant may be eligible under that other category.

      Note: Residence can only be granted under the Skilled Migrant Category to a person who has been invited by an immigration or visa officer to apply for residence under the Skilled Migrant Category.

R5.20.1 Further information

Immigration Act 1987 ss 14B(4), 17A(4), 34G

1. Further information may be submitted at any time before a final decision is made on an application. Visa and immigration officers must take into account any relevant information submitted by applicants before a final decision is made.
2. Visa and immigration officers should also take into account any relevant information held about previous applications.
3. If applicants do not respond within the specified time to a request from a visa or immigration officer for further information, evidence or documents, or an interview, the application may be assessed on the relevant information then available to the NZIS, unless it is reasonable to enquire further.
4. Applicants must inform a visa or immigration officer of any relevant fact, including any material change in circumstances that occurs after the application is made, if that fact or change in circumstances:
   1. may affect the decision on the application, or
   2. may affect a decision to grant a permit in reliance on the visa for which the application is made.
5. Every person expressing an interest in obtaining an invitation to apply for residence under s13E of the Immigration Act 1987 must inform a visa or immigration officer of any relevant fact, including any change in circumstances that occurs after the expression of interest is notified, if that fact or change in circumstances:
   1. may affect the decision to issue an invitation to apply for residence; or
   2. may affect a decision to issue a residence visa or grant a residence permit as a consequence of the invitation to apply for residence.
6. A change in circumstances may relate to the applicant or another person included in the application, and may relate to any matter relevant to the applicable policy.
7. Failure to comply with the requirements of (d) or (e) above:
   1. amounts to ‘concealment of information’ for the purposes of ss20(1)(b) and (c) and 20A(1)(b) and (c) of the Immigration Act 1987; and
   2. renders any visa or permit granted subject to cancellation or revocation.
8. It is sufficient grounds for the Minister of Immigration or a visa officer or immigration officer to decline to issue a visa or grant a permit to a person if the Minister or officer is satisfied that the person:
   1. whether personally or through an agent, in expressing their interest in obtaining an invitation to apply for residence submitted false or misleading information, or withheld relevant information that was potentially prejudicial to the issue of the invitation; or
   2. did not ensure that a visa officer or immigration officer was informed of any material change in circumstances between the time of expressing interest and the time of the person’s application for the relevant visa or permit; or
   3. whether personally or through an agent, in applying for the visa or permit submitted false or misleading information or withheld relevant information that was potentially prejudicial to the issue of the visa or grant of the permit; or
   4. did not ensure that a visa officer or immigration officer was informed of any material change in circumstances between the time of making the application and the time of a decision on the application.

R5.20.5 Potentially prejudicial information

In accordance with the principles of fairness and natural justice set out in the Administration chapter (A1), applicants for residence will be given the opportunity to comment before a decision is made to decline to issue a visa or grant a permit on the basis of any potentially prejudicial information that they are not necessarily aware of.

R5.20.10 Documenting decisions

All visa and immigration officers must observe the following procedures to ensure that decisions on applications for residence are properly documented:

1. make all file records (particularly file notes and instructions) accurate, clear, complete and factual, and
2. give all decisions on applications in writing to applicants (or their representatives), and
3. state the full reasons for the decisions (without prejudicing any risk profiles), and
4. if an applicant is outside policy on several grounds, the letter declining their application must state why the applicant fails on each count.

Effective 15/12/2003