RV4.10 Determining an application for a second or subsequent resident visa

1. An applicant for a second or subsequent resident visa may be granted a second or subsequent resident visa if:
   1. the principal applicant would have met the criteria to be granted a variation of travel conditions under RV3.5, RV3.10 or RV3.15 had they applied for it on the date the current applicant’s resident visa expired and those travel conditions would still be valid on the date the application for a second or subsequent resident visa was made; or
   2. the principal applicant would have met the criteria to be granted a permanent resident visa had they applied for it on the date the current applicant’s resident visa expired and that date was less than 24 months before the date the application for a second or subsequent resident visa is made; or
   3. the principal applicant meets the criteria for one of the special provisions for a second or subsequent resident visa (RV4.20).
2. A non-principal applicant may be assessed independently of the principal applicant if the instructions of RV1.20.1 to RV1.20.20 apply.
3. Applicants for second or subsequent residence visas must meet character requirements for residence (see A5).
4. An application will be declined if it falls under any of the criteria set out in RV1.25.
5. Applicants who have failed to meet any conditions imposed under section 49(1) or section 50 of the Immigration Act 2009, must be declined whether or not they are otherwise eligible for second or subsequent resident visa.

Effective 11/04/2016