R5.45 Approval in Principle (01/07/2000)

1. An application under the General Skills or Investor category will be approved in principle if the principal applicant has received a points pass, health and character policy requirements have been met, and a visa or immigration officer is satisfied that all evidential and verification requirements necessary to demonstrate eligibility under the General Skills or Investor category have been met.
2. Applications under other categories of Government residence policy will be approved in principle if health and character policy requirements have been met and a visa or immigration officer is satisfied that all evidential and verification requirements necessary to demonstrate eligibility under the applicable category have been met.
3. Before residence visas are issued or residence permits granted to applicants under the General Skills category, Investor category, Entrepreneur category, Employees of relocating businesses category and Family category whose applications have been approved in principle, principal applicants must provide:
   1. any evidence, information, settlement information fee (see R5.85), migrant levy (see R5.90) or ESOL tuition charge (see G6 and BF) required for a final decision on the application, and
   2. passport(s) or other acceptable travel document(s).
4. Before residence visas are issued or residence permits granted to applicants under the Humanitarian category or Special Policies whose applications have been approved in principle, principal applicants must provide:
   1. any settlement information fee (see R5.85), required for a final decision on the application, and
   2. passport(s) or other acceptable travel document(s).
5. Principal applicants will be advised of approval in principle in a letter that also advises:
   1. what requirements must be met, or evidence submitted, or fee or levy or charge paid before a residence visa will be issued or a residence permit granted, and
   2. the period of time in which any applicable requirements must be met, or evidence submitted, or fee or levy or charge paid.
6. For principal applicants in the General Skills category or Investor category, letters of approval in principle will also provide details of the points allocation and the basis on which the points were allocated.
7. The date of approval in principle is the date of the letter to the principal applicant or their agent advising that approval in principle has been given.
8. If evidence that requirements have been met has not been submitted, or a fee or levy or charge has not been paid within the period specified in the original letter advising of approval in principle, the application must be declined unless an immigration or visa officer is satisfied that circumstances warrant extending that period.

R5.45.1 Information received after approval in principle has been given on a General Skills or Investor category application

Immigration Act 1987 s 14B (4)

1. After giving approval in principle and before making a final decision on a General Skills category or Investor category application, immigration and visa officers must take into account any acceptable evidence that alters the points allocation or the basis of the points allocation.

   Example: The applicant has previously required settlement funds to achieve a points pass, but later evidence raises the applicant's points score to a level which lessens or removes the requirement for settlement funds.

2. In accordance with the principles of fairness and natural justice provided in the Administration chapter (A1), principal applicants must be given the opportunity to comment before a final decision on their eligibility under Government residence policy (including Health and Character requirements policy) is made on the basis of any potentially prejudicial information that comes to light after approval in principle.

Effective 01/07/2000