E4.50 Requirements for lodging an application for a temporary entry class visa (29/11/2010)

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 reg 10, 11, 12, 13, 14

These requirements apply to the lodgment of all temporary entry class visa applications with the exception of applications lodged under the following instructions:

• Argentina Working Holiday Scheme (WI2.5)
• Chile Working Holiday Scheme (WI2.25)
• China Working Holiday Scheme (WI2.30)
• Taiwan Working Holiday Scheme (WI2.150)
• Silver Fern Work Instructions (WL)
• Diplomatic, consular, and official staff, and their dependants (H4 (H4 Applications for visas for diplomatic, consular, and official staff, and their dependants, http://inzkit/publish/opsmanual/#43635.htm))
• Reconsideration of decision to decline further temporary entry class visa (E7.35.1)
• Application for a temporary entry class visa or entry permission in an immigration control area (E4.50.35).

E4.50.1 Mandatory requirements for applications lodged on an approved form

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 10

For the purposes of temporary entry instructions, mandatory requirements for applications lodged on an approved form means that applications must be made on the application form relevant to the type of visa required which must be completed in English, in full and submitted to an immigration officer, together with:

1. the applicant's passport or certificate of identity, or if this is unavailable, his or her original birth certificate (or a certified copy) or other identity document (or a certified copy); and
2. two passport-sized photographs of the applicant’s head and shoulders; and
3. the appropriate fee (if any); and
4. (all temporary entry class applications apart from military visa applications (see M2.1)) evidence of funds for maintenance in New Zealand or evidence of sponsorship (see E6); and
5. such information and evidence as is required by the relevant immigration instructions demonstrate that the applicant fits the category or categories of immigration instructions under which the application is being made; and
6. any other information, evidence and submissions the applicant considers show that he or she is eligible to be granted a temporary entry class visa in terms of the relevant immigration instructions.

Applications must be signed by the applicant (unless the applicant is less than 18 years old, in which case it must be signed by a parent or guardian of the applicant).

E4.50.5 Mandatory requirements for applications lodged otherwise than on an approved form

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 21, 22

1. Despite E4.50.1, a person or their advisor may request an immigration officer to consider an application for a visa made without using the relevant approved form and an immigration officer may agree to the request.
2. Where an immigration officer agrees to that request, the applicant must supply the following information in English and in any way appropriate to the circumstances:
   1. his or her full name; and
   2. his or her date and place of birth; and
   3. details of his or her passport or certificate of identity, including country of citizenship; and
   4. details of any current or previous visa (or permit as the case may be) held by him or her; and
   5. details of the type of visa he or she is applying for; and
   6. any other information that he or she considers shows that the temporary entry class visa application should be granted; and
   7. such information and evidence that the immigration officer thinks necessary for him or her to determine the application.
3. The application must be completed by the applicant:
   1. acknowledging that the details supplied in support of the application are true and correct to the best of his or her knowledge; and
   2. agreeing that if his or her circumstances change before a visa is granted, he or she will notify an immigration officer of the change in circumstances; and
   3. paying the prescribed fee (if any) for the type of visa applied for, or arranging for the payment of that fee in a manner satisfactory to the immigration officer; and
   4. signing the application (except if the application is made in an electronic format).

   If the applicant is less than 18 years old, E4.50.5(c)(iv) does not apply. Instead, the application must be signed by his or her parent or guardian, except if the application is made in an electronic format or at an immigration control area (in which case the form must be signed by the parent or guardian only if the applicant is accompanied by that person).

E4.50.10 Processing of applications made otherwise than on an approved form

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 reg 22

1. Where an immigration officer has agreed to a request to consider an application for a visa made otherwise than on an approved form, the immigration officer may at any time before a visa is granted as a result of the application:
   1. refuse to consider the application, or continue to consider the application; and
   2. inform the applicant that if he or she wishes to pursue the application, he or she must do so using the relevant approved form.
2. If an immigration officer refuses to consider an application for a visa made otherwise than on an approved form then:
   1. the application will be treated as not having been made; and
   2. the applicant must apply for the visa in the normal way; and
   3. in the event the person pursues an application for a visa in the normal way, the mandatory requirements as set out at E4.50.1 and E4.50.5 will apply; and
   4. any application fee will either be refunded or applied towards any visa application made by the same person.
3. In the event an application for a visa is made otherwise than on an approved form and has been accepted for processing but cannot be finalised without further information or documentation being obtained, an immigration officer may transfer the application to another INZ branch for finalisation. In such cases the application may, at the discretion of the immigration officer considering it, continue to be finalised without the applicant needing:
   1. to complete the approved form; or
   2. pay any additional fee.

E4.50.15 Additional requirements

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 10, 21

Before determining an application made on an approved form or otherwise than on an approved form, the immigration officer processing the application may do one or more of the following:

1. require the applicant to be interviewed by an immigration officer;
2. require the applicant to produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application;
3. require the applicant to undergo a medical examination or another medical examination, as the case may be;
4. require the applicant to produce travel tickets to a country that the person has right of entry to or evidence of onward travel arrangements that the officer thinks necessary for him or her to determine the application;
5. require the applicant to produce evidence of the applicant’s funds for maintenance while in New Zealand or evidence of the applicant’s sponsorship that the officer thinks necessary for him or her to determine the application;
6. if not already provided, require the applicant to produce his or her passport or other certificate of identity.

E4.50.20 Children under the age of 16 travelling alone or with one parent

If a child under the age of 16 years is travelling to New Zealand alone or with one parent only, officers may request evidence that both the child's parents have consented to the child being removed from the child's country of residence.

E4.50.25 No acceptance of immigration applications or requests from unlicensed immigration advisers

See also Immigration Advisers Licensing Act 2007 s 9

1. No immigration application or request put forward on behalf of another person by an unlicensed immigration adviser may be accepted, unless the immigration adviser is exempt from the requirement to be licensed under the Immigration Advisers Licensing Act 2007.
2. Where an immigration application or request on behalf of another person is not accepted because it contravenes E4.50.25 (a) the relevant person or body must notify that person in writing of that fact, and advise the person as to how the application or request may be relodged or advanced in an acceptable manner.

E4.50.30 Persons exempt from licensing

See also Immigration Advisers Licensing Act 2007 ss 11, 12

The following persons are exempt from the requirement to be licensed under the Immigration Advisers Licensing Act 2007:

1. a person who provides immigration advice in an informal or family context only, where the advice is not provided systematically or for a fee;
2. a Member of Parliament, or their staff, who provides immigration advice within the scope of their employment agreement;
3. a foreign diplomat or consular staff accorded protection as such under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971;
4. an employee of the New Zealand public service who provides immigration advice within the scope of their employment agreement;
5. a lawyer who holds a current practising certificate as a barrister or as a barrister and solicitor of the High Court of New Zealand;
6. a person employed by or working as a volunteer for a New Zealand community law centre, as defined in section 6 of the Lawyers and Conveyancers Act 2006, where at least one lawyer is on the employing body of the community law centre or is employed by or working as a volunteer for the community law centre in a supervisory capacity;
7. a person employed by or working as a volunteer for a New Zealand citizens advice bureau; or
8. a person who provides immigration advice only in respect of applications for temporary entry class visas with conditions authorising study in New Zealand, but subject to any regulations made under section 12(1)(b) of the Immigration Advisers Licensing Act 2007; or
9. a person exempted by regulations made under section 12 of the Immigration Advisers Licensing Act 2007.

E4.50.35 Requirements for lodging an application for a temporary entry class visa or entry permission in an immigration control area

See also Immigration Act 2009 ss 103, 382

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 reg 11, 25

1. An application for a temporary entry class visa or entry permission made at an immigration control area must:
   1. be completed in English; and
   2. relate to only one person; and
   3. be signed by the applicant; and
   4. be made on an approved arrival card.
2. E4.50.35 (a)(ii) applies unless the applicant is less than 18 years old, in which case:
   1. the arrival card must be signed by a parent or guardian of the applicant, if the applicant is accompanied by that person; or
   2. the arrival card is not required to be signed, if the applicant is not accompanied by a parent or guardian.
3. The application must be given to an immigration officer at an immigration control area, together with the applicant's passport or certificate of identity and, if appropriate, evidence of any temporary entry class visa that the applicant holds (except in the case of an application for a military visa in which case M2.1 will apply).

E4.50.40 Additional requirements

Before determining the application, the immigration officer processing the application may do one or more of the following:

1. require the applicant to be interviewed by an immigration officer; or
2. require the applicant to produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application; or
3. require the applicant to undergo a medical examination or another medical examination, as the case may be; or
4. require the applicant to produce travel tickets to a country that the person has right of entry to or evidence of onward travel arrangements that the officer thinks necessary for him or her to determine the application; or
5. require the applicant to produce evidence of the applicant’s funds for maintenance while in New Zealand or evidence of the applicant’s sponsorship that the officer thinks necessary for him or her to determine the application.

E4.50.40 Applicant to specify address for service

See also Immigration Act 2009 ss 57(2), (3) and (4), 110, 387

1. Everyone who applies for a visa or entry permission must specify in their application for a visa a physical address in New Zealand to which any communication relating to the application, or to which advice of any visa that may be granted pursuant to that application may be sent, or at which any notice may be served under the Immigration Act 2009.
2. An applicant for or holder of a visa or entry permission may at any time, by written notice to an immigration officer, substitute a different address for that specified under E4.50.40 (a).
3. An applicant for a visa or entry permssion may also specify in an application an electronic address to which any communication relating to the application, or to which advice of any visa that may be granted pursuant to the application, may be sent.

Effective 29/11/2010