S2.1 Requests for special directions
See also Immigration Act 2009 ss 17, 378
See also Immigration Regulation 2010 reg 34
- In the context of special directions instructions, requests for special directions are limited to people described by sections 15 or 16 of the Immigration Act 2009 (see A5.20 (b)) who are not eligible for a residence class visa.
- If there are sufficient grounds to consider granting a residence class visa to a person not eligible for a visa (see A5.25), the processing officer may invite the applicant to request a special direction (RA7) authorising the grant of a residence class visa.
- An invitation may be made only in cases involving exceptional circumstances, usually of a humanitarian nature, where, but for sections 15 or 16 of the Immigration Act 2009, the person concerned is otherwise eligible for the grant of a residence class visa under residence instructions.
- Despite paragraph (b), if INZ receives a request without having made an invitation, it may consider that request.
- Neither the Minister of Immigration nor INZ is obliged to consider any request for a special direction.