SR3.5 Applying for a Skilled Migrant Category Visa

SR3.5.1 Ability to apply

1. A person who is interested in applying for a resident visa under the Skilled Migrant Category must complete an expression of interest (EOI) form in the prescribed manner.
2. An automated electronic system may determine whether an applicant meets the requirements to be invited to apply under the Skilled Migrant Category.
3. An automated electronic system may issue or refuse to issue an invitation to apply under these instructions based on the claims made in a person’s EOI and set out in SR3.5.1(e) below.
4. Where a decision to issue or refuse to issue an invitation to apply for a visa is made by way of an automated electronic system, that decision must for all purposes be treated as a decision of an immigration officer who is authorised to make the decision under the Immigration Act 2009.
5. A person may only be invited to apply for a resident visa under the Skilled Migrant Category if the person expressing interest has:
   1. confirmed that they are aged 55 or younger; and
   2. confirmed that none of the people included in the EOI are described in sections 15 or 16 of the Immigration Act 2009 (see A5.20) concerning character; and
   3. confirmed that none of the people included in the EOI would be ineligible for a medical waiver (see A4.60); and
   4. confirmed that all people included in the EOI meet the minimum standard of English or, where instructions allow, intend to pre-purchase English for Speakers of Other Languages tuition (see SR2.10); and
   5. confirmed they meet the skilled employment requirements (see SR3.20); and either
   6. claimed they qualify for 6 points from one skill category (see SR3.25); or
   7. claimed they qualify for 6 points from a combination of one skill category and their skilled work experience in New Zealand (see SR3.35).

SR3.5.5 False and misleading information in an Expression of Interest

1. It is sufficient grounds to decline a Skilled Migrant Category resident visa application made under SR instructions if:
   1. false or misleading information was provided as part of the associated Expression of Interest (EOI); or
   2. relevant, potentially prejudicial information was withheld from the associated EOI; or
   3. an applicant or their agent failed to advise an immigration officer of any fact or material change in circumstances that occurs after an EOI is submitted that may affect a decision to invite the person to apply for a resident visa or to grant a resident visa.
2. A decision that false or misleading information was provided does not require an immigration officer to determine whether or not the applicant personally:
   1. knew that the information was false or misleading; or
   2. knew that such information was provided to INZ (for example by their agent); or
   3. intended to deceive Immigration New Zealand through their actions or inaction.
3. A decision that relevant, potentially prejudicial information was withheld requires an immigration officer to be satisfied that the applicant, or their agent, knew that information, but does not require an immigration officer to determine whether or not the applicant personally intended to withhold information, or deceive Immigration New Zealand through their actions or inaction.
4. In cases where an applicant had an agent acting on their behalf, a decision that false or misleading information was provided does not require an immigration officer to determine whether or not the agent knew that the information was false or misleading.

SR3.5.5.1 Deciding whether to decline a Skilled Migrant Category (SR) application for false, misleading or withheld information in the associated Expression of Interest

1. Where an immigration officer determines that false or misleading information was provided, or relevant, potentially prejudicial information was withheld, in an associated EOI, the residence application under the Skilled Migrant Category (SR instructions) is to be normally declined.
2. Despite SR3.5.5.1(a), an immigration officer must not decline the application under SR3.5.5(a) without considering the circumstances of the application.

SR3.5.10 Making an application

Applicants for a visa under the Skilled Migrant Category may only apply if:

1. they have been invited to apply under the Skilled Migrant Category SR3 instructions; and
2. they make their application within 4 months of the date that invitation is made; and
3. their invitation has not been revoked.

Effective 09/10/2023